Senate Bill 2310c1

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    Florida Senate - 2000                           CS for SB 2310

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Kurth




    316-2025-00

  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; amending

  4         s. 420.526, F.S.; revising provisions of the

  5         Predevelopment Loan Program to provide for

  6         targeting of funds and forgiveness of loans

  7         under certain circumstances; amending s.

  8         420.609, F.S.; requiring the corporation to

  9         assist the Affordable Housing Study Commission

10         for certain purposes; requiring the commission

11         to provide certain commission recommendations

12         to the corporation; changing the date of

13         submittal for the commission's report; revising

14         the commission's recommended studies

15         requirements; amending s. 420.9071, F.S.;

16         revising certain definitions; amending s.

17         420.9075, F.S.; revising entities authorized to

18         monitor and determine tenant eligibility under

19         local housing assistance plans; revising

20         criteria for eligibility awards under such

21         plans; creating s. 760.26, F.S.; prohibiting

22         discrimination in land use decisions and in

23         permitting of development; establishing the

24         State Farmworker Housing Pilot Loan Program;

25         providing for administration by the Florida

26         Housing Finance Corporation; providing sponsor

27         requirements; requiring the corporation to

28         issue a request for proposals for loan

29         applications for certain purposes; requiring

30         the corporation to establish a loan

31         distribution mechanism; providing eligible loan

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  1         applicant requirements; providing for

  2         establishment of an application review

  3         committee; providing criteria for loan

  4         applications; providing duties and

  5         responsibilities of the corporation and review

  6         committee; providing requirements for such

  7         loans; providing procedures and requirements

  8         for loan defaults; requiring the corporation to

  9         contract with the Florida Farmworker Housing

10         Coalition, Inc., for certain purposes;

11         requiring a report to the Governor and

12         Legislature; providing report requirements;

13         providing for the transfer of unencumbered

14         appropriations to the Department of Children

15         and Family Services for coalitions for the

16         homeless; amending ss. 220.02, 220.13, F.S.;

17         deleting a cross-reference; repealing s.

18         220.185, F.S., relating to the state housing

19         tax credit; repealing s. 420.5093, F.S.,

20         relating to the State Housing Tax Credit

21         Program; providing retroactive applicability;

22         providing effective dates.

23

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

25

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

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

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

29  amended to read:

30         159.804  Allocation of state volume limitation.--The

31  division shall annually determine the amount of private

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

  2  Code and shall make such information available upon request to

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

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

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

  6  each year:

  7         (1)

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

  9  bonds for manufacturing facilities no longer require or are

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

11  allocation of the state volume limitation in the manufacturing

12  facility pool shall be divided among the remaining pools in

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

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

15  percent for use by the Florida Housing Finance Corporation in

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

17  the state allocation pool in the manner prescribed in

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

19  Business allocation pool in the manner prescribed in

20  subsection (5).

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

22  limitation remaining after the allocation made pursuant to

23  subsection (1) shall be allocated among the regions

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

25  boundaries are coterminous with or contained within each

26  region for purposes other than to finance Florida First

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

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

29  limitation for each regional allocation pool must be an amount

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

31  limitation remaining after the allocation made pursuant to

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

  2  region bears to the population of the entire state.

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

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

  5  shall be allocated to the Florida First Business allocation

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

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

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

  9  159.805, Florida Statutes, are amended to read:

10         159.805  Procedures for obtaining allocations;

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

12         (2)  Any written confirmation issued by the director

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

14  bonds to which that confirmation applies have been issued by

15  the agency and written notice of such issuance has been

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

17  date the confirmation was issued or December 29, whichever

18  occurs first.

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

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

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

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

23  notify the division, by overnight common carrier delivery

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

25  written confirmation.  Such notice of failure to issue shall

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

27  expired confirmation shall be made available for reallocation

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

29  using allocation for mortgage credit certificates, the issuer

30  will notify the division in writing within 5 business days

31  that such allocation for mortgage credit certificates,

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

  2  allowing the division to reallocate such amounts.

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

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

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

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

  7  and the availability of any excess unissued allocation.  On

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

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

10  no later than the following business day by overnight common

11  carrier delivery service containing the information described

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

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

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

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

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

17  and shall be made available for reallocation. Except for

18  allocations for which an election has been made to issue

19  mortgage credit certificates, any allocation made under this

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

21  overnight common carrier delivery service with the division no

22  later than the following business day.

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

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

25         159.806  Regional allocation pools.--

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

27  allocation pool for issuing written confirmations of

28  allocation for private activity bonds.  In issuing such

29  written confirmations, the division must first use the

30  allocation pool for the region in which the agency issuing

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

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

  2  allocation pool or the Florida First Business allocation pool

  3  must be used to finance priority projects unless the agency

  4  requests an allocation for a priority project from the

  5  regional allocation pool.  Unless otherwise agreed to by the

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

  7  agency whose boundaries include more than one region, the

  8  division must first issue an allocation from the allocation

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

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

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

12         159.807  State allocation pool.--

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

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

15  available solely to provide written confirmations for private

16  activity bonds to finance priority projects except

17  manufacturing facilities. To obtain a written allocation for

18  private activity bonds to finance a priority project from the

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

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

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

22  notices of intent to issue for priority projects does not

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

24  director shall issue written confirmation for each notice of

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

26  requested in notices of intent to issue private activity bonds

27  for priority projects exceeds the total amount of the state

28  allocation pool, the director shall forward all timely notices

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

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

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

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  1  confirmations.  If additional portions of the state volume

  2  limitation of private activity bonds permitted to be issued in

  3  the state are subsequently placed into the state allocation

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

  5  for priority projects shall be provided written confirmations

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

  7  notices of intent to issue filed with the division.

  8         Section 5.  Effective January 1, 2001, section

  9  159.8083, Florida Statutes, is amended to read:

10         159.8083  Florida First Business allocation pool.--The

11  Florida First Business allocation pool is hereby established.

12  The Florida First Business allocation pool shall be available

13  solely to provide written confirmation for private activity

14  bonds to finance Florida First Business projects certified by

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

16  eligible to receive a written confirmation. Allocations from

17  such pool shall be awarded statewide pursuant to procedures

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

19  159.805(2), (3), and (6) do not apply. Florida First Business

20  projects that are eligible for a carryforward shall not lose

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

22  been granted a carryforward.  In issuing written confirmations

23  of allocations for Florida First Business projects, the

24  division shall use the Florida First Business allocation pool.

25  If allocation is not available from the Florida First Business

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

27  shall issue written confirmations of allocations for Florida

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

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

30  a regional allocation pool or the state allocation pool,

31  notices of intent to issue bonds for Florida First Business

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

  2  state allocation pool shall be considered to have been

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

  4  division that the Florida First Business allocation pool is

  5  unavailable to issue confirmation for such Florida First

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

  7  intent to issue private activity bonds for Florida First

  8  Business projects exceeds the total amount of the Florida

  9  First Business allocation pool, the director shall forward all

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

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

12  and Economic Development which shall render a decision as to

13  which notices of intent to issue are to receive written

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

15  Development, in consultation with the division, shall develop

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

17  available solely to provide written confirmations for private

18  activity bonds to finance Florida First Business projects and

19  that such projects are feasible and financially solvent.

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

21  Florida Statutes, is 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 a

25  written confirmation has not been issued by the director or

26  for which an issuance report for bonds utilizing such an

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

28  date shall be added to the Florida First Business allocation

29  pool.

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

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

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

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

  3  bonds utilizing such an allocation has not been received by

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

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

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

  7  confirmation has been issued and which confirmation expires or

  8  is relinquished by the agency receiving the allocation, shall

  9  be added to the state allocation pool.

10         (2)(3)  On November 16 of each year, any portion of the

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

12  159.804(5), or subsection (1) or subsection (2), other than as

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

14  bonds utilizing such an allocation has not been received by

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

16  allocation pool.

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

18  Florida Statutes, is amended to read:

19         159.813  Future federal amendments.--In the event that

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

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

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

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

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

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

26  revise the allocation system provided in this part to be

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

28  amended or replaced.  The authority granted to the Governor

29  under this section may be exercised for allocation of any

30  volume limitation imposed by any enacted or proposed federal

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

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

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

  3  Senate and the Speaker of the House of Representatives and

  4  Minority Leader of the House of Representatives in writing of

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

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

  7  effective until this part is amended to be consistent with

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

  9  order is issued based upon proposed amendments or successor

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

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

12  administered concurrent with one another, to the extent

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

14  any proposed amendments or successor provisions to the Code.

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

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

17  the framework for the relative allocations of state volume

18  limitation in accordance with the various formulas set forth

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

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

21  percentages set forth in this part unless and until the

22  categories of private activity bonds requiring an allocation

23  of such volume limitation are substantially restricted,

24  altered, or deleted under the Code.

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

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

27  Florida Statutes, is amended to read:

28         196.1978  Affordable Low-income housing property

29  exemption.--Property used to provide affordable housing

30  serving eligible pursuant to any state housing program

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

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

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

  3  property is owned entirely by a nonprofit entity corporation

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

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

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

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

  8  property shall be exempt from ad valorem taxation to the

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

10  this section shall comply with the criteria for determination

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

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

13  that any property owned by a limited liability company which

14  is disregarded as an entity for federal income tax purposes

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

16  treated as owned by its sole member.

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

18  section 420.507, Florida Statutes, to read:

19         420.507  Powers of the corporation.--The corporation

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

21  and effectuate the purposes and provisions of this part,

22  including the following powers which are in addition to all

23  other powers granted by other provisions of this part:

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

25  corporation competitive program, for the reservation of future

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

27  is ultimately successful in its litigation regarding a

28  competitive application, and to establish a date certain by

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

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

31  or funding.

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  1         (38)  To designate private activity allocation for

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

  3  VI of chapter 159 between single-family and multifamily

  4  projects.

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

  6  Florida Statutes, is amended to read:

  7         420.5092  Florida Affordable Housing Guarantee

  8  Program.--

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

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

11  $300 $200 million.

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

13  Florida Statutes, is amended to read:

14         420.5099  Allocation of the low-income housing tax

15  credit.--

16         (3)  The corporation may request such information from

17  applicants as will enable it to make the allocations according

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

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

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

21         Section 12.  Section 420.526, Florida Statutes, is

22  amended to read:

23         420.526  Predevelopment Loan Program; loans and grants

24  authorized; activities eligible for support.--

25         (1)  The corporation is authorized to underwrite and

26  make loans and grants from the Housing Predevelopment Fund to

27  eligible sponsors when it determines that:

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

29  exists in the area described in the application; and

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

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

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  1  site acquisition, site development, construction,

  2  rehabilitation, maintenance, or support of the housing

  3  proposed in the application.

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

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

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

  7  sponsor's inability to obtain construction or permanent

  8  financing for the development.  The corporation shall not

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

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

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

12  sponsor that is unable to demonstrate the ability to proceed

13  as verified by a qualified development team.

14         (3)  The corporation shall establish rules for the

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

16  need and demand for housing for the target population.

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

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

19  program shall be reserved for Sponsors of farmworker housing,

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

21  further priorities shall be as established by rule of the

22  corporation.

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

24  housing predevelopment loans and grants shall include, but not

25  be limited to:

26         (a)  Site acquisition.

27         (b)  Site development.

28         (c)  Fees for requisite services from architects,

29  engineers, surveyors, attorneys, and other professionals.

30         (d)  Marketing expenses relating to advertisement.

31

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

  2  housing predevelopment grants shall include, but not be

  3  limited to:

  4         (e)(a)  Administrative expenses.

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

  6         (g)(c)  Consulting fees.

  7         (5)(6)  Any funds paid out of the Housing

  8  Predevelopment Fund for activities under ss. 420.521-420.529

  9  which are reimbursed to the sponsor from another source shall

10  be repaid to the fund.

11         (7)  Sponsors receiving loans for professional fees may

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

13  proposed project would not be feasible for housing for the

14  target population.

15         (6)(8)  Terms and conditions of housing predevelopment

16  loan agreements shall be established by rule and shall

17  include:

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

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

20  corporation.

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

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

23  initiation of permanent financing, whichever event occurs

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

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

26  circumstances exist and if such extension would not jeopardize

27  the corporation's security interest.

28         (c)  Provision of reasonable security for the housing

29  predevelopment loan to ensure the repayment of the principal

30  and any interest accrued within the term specified.

31  Reasonable security shall be a promissory note secured by a

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

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

  3  housing predevelopment loan or other collateral acceptable to

  4  the corporation.

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

  6  be used for the development of housing and related services

  7  for the target population.

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

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

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

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

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

13  prices or rents for dwellings constructed on such land.

14         (f)  Provisions to ensure that any land acquired

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

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

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

18  which specifically prohibits discrimination based on race,

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

20  other applicable federal or state laws.

21         (7)(9)  No predevelopment loan made under this section

22  shall exceed the lesser of:

23         (a)  The development and acquisition costs for the

24  development project, as determined by rule of the corporation;

25  or

26         (b)  Five hundred thousand dollars.

27         (8)(10)  Any real property or any portion thereof

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

29  disposed of by the eligible sponsor upon the terms and

30  conditions established by rule of the corporation and

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

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  1  the actual prorated land costs, development costs, accrued

  2  taxes, and interest.

  3         Section 13.  Subsections (3), (5), (7), and (8) of

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

  5         420.609  Affordable Housing Study Commission.--Because

  6  the Legislature firmly supports affordable housing in Florida

  7  for all economic classes:

  8         (3)  The department and the corporation agency shall

  9  supply such information, assistance, and facilities as are

10  deemed necessary for the commission to carry out its duties

11  under this section and shall provide such staff assistance as

12  is necessary for the performance of required clerical and

13  administrative functions of the commission.

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

15  recommendations regarding existing and proposed housing

16  programs and initiatives.  The commission shall provide these

17  and any other housing recommendations to the secretary of the

18  Department of Community Affairs and the executive director of

19  the corporation.

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

21  2001 1992, the commission shall prepare and submit to the

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

23  House of Representatives a report detailing its findings and

24  making specific program, legislative, and funding

25  recommendations and any other recommendations it deems

26  appropriate.

27         (8)  The commission shall recommend studies to be

28  conducted for included in the annual research agenda of the

29  Multidisciplinary Center for affordable housing. These

30  recommendations shall be submitted to the department and the

31

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  1  center in order to assist them in establishing an appropriate

  2  research agenda for the center.

  3         Section 14.  Subsections (4) and (27) of section

  4  420.9071, Florida Statutes, are amended to read:

  5         420.9071  Definitions.--As used in ss.

  6  420.907-420.9079, the term:

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

  8  defined under the Section 8 housing assistance payments

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

10  the census long form for the recent available decennial

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

12  reporting under Internal Revenue Service Form 1040 for

13  individual federal annual income tax purposes. Counties and

14  eligible municipalities shall calculate income by annualizing

15  verified sources projecting the prevailing annual rate of

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

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

18  the effective date of the determination.

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

20  acquisition of an existing or newly constructed unit, the

21  amount on the executed sales contract. For eligible persons

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

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

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

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

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

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

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

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

30  rehabilitation or emergency repair of an existing unit that

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

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

  2  appraisal performed by a state-certified appraiser and dated

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

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

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

  6  In the case of rehabilitation of an existing unit that

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

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

  9  an appraisal performed by a state-certified appraiser and

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

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

12  the county property appraiser, plus the cost of the

13  improvements in either case.

14         Section 15.  Paragraph (e) of subsection (3) and

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

16  Statutes, are amended to read:

17         420.9075  Local housing assistance plans;

18  partnerships.--

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

20  the following criteria and administrative procedures:

21         (e)  The staff or entity that has administrative

22  authority for implementing a local housing assistance plan

23  assisting rental developments shall annually monitor and

24  determine tenant eligibility or may rely on another

25  governmental entity which is also required to monitor and

26  determine tenant eligibility.

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

28  eligible sponsors or eligible persons for the purpose of

29  providing eligible housing:

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

31  eligible housing may not exceed 90 percent of the average

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  1  median area purchase price in the statistical area in which

  2  where the eligible housing is located, which housing was

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

  4  sufficient statistical information is available or, as

  5  established by the United States Department of Treasury.

  6

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

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

  9  project and there is a conflict between the criteria

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

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

12  eligible municipality may resolve the conflict by giving

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

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

15  criteria prescribed in this subsection with the exception of

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

17         Section 16.  Section 760.26, Florida Statutes, is

18  created to read:

19         760.26  Prohibited discrimination in land use decisions

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

21  discriminate in land use decisions or in the permitting of

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

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

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

25  proposed development.

26         Section 17.  State Farmworker Housing Pilot Loan

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

28  created for the purpose of demonstrating the ability to use

29  state dedicated funds to leverage Federal Government, local

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

31  and sanitary rental housing units for farmworkers.

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  1         (1)  Subject to the availability of funds appropriated

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

  3  Florida Housing Finance Corporation shall have the authority

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

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

  6         (a)  Agrees to:

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

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

  9  Statutes;

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

11  whose family income does not exceed:

12         a.  Fifty percent of the adjusted local median income

13  in areas which are not metropolitan statistical areas; or

14         b.  Forty percent of adjusted local median income in

15  metropolitan statistical areas; and

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

17  maximum household income adjusted to unit size; or

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

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

20  meets maximum rental limits, tenant eligibility, and other

21  regulatory requirements established pursuant to such programs.

22         (2)  The corporation shall issue a request for

23  proposals to solicit applications for loans offered pursuant

24  to this section and shall establish a funding cycle to

25  distribute funds pursuant to this section.  The corporation

26  shall coordinate this cycle with the fiscal year 2001 federal

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

28  Federal Housing Act of 1949.  The corporation may distribute

29  through this funding cycle any additional funds set aside for

30  farmworker housing under the State Apartment Incentive Loan

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

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  1  Investment Partnership Program authorized by s. 420.5089,

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

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

  4         (3)  All eligible applications shall:

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

  6  firm site control of land and evidences availability of

  7  required infrastructure.

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

  9  from other sources collectively totaling at least 25 percent

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

11  or contributions need not be committed at the time of

12  application. The corporation shall establish a set time for

13  receipt of such commitments.

14         (c)  Have local government contributions and private

15  agriculture producer funds and other private leveraged funds

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

17         (d)  Demonstrate accessibility to commercial businesses

18  and services needed to serve the needs of the resident

19  farmworkers or include a viable plan to provide access to

20  those commercial businesses and services.

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

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

23         (4)  The corporation shall establish a review committee

24  composed of staff of the Department of Community Affairs

25  selected by the Secretary of Community Affairs and staff of

26  the corporation and shall establish a scoring system for

27  evaluation and competitive ranking of applications submitted

28  in this program.

29         (a)  Each application shall address and be evaluated

30  and ranked based on the following criteria:

31

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  1         1.  A demonstrated need for farmworker housing:

  2  Proposed developments in a county determined by the Shimberg

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

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

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

  6  shall receive maximum points. Sponsors proposing developments

  7  in other counties and demonstrating a high need for farmworker

  8  housing through other state or local governmental reports or

  9  market studies are eligible for funding under this section,

10  but shall receive less points.

11         2.  Developer fees: Sponsors with developer fees less

12  than 15 percent shall be awarded additional points. There

13  shall be no identity of interest between the sponsor,

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

15  affiliated entities shall not receive any financial or other

16  remuneration from the contractor as a condition of the

17  contractor's selection.

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

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

20  or migrant workers, including unaccompanied workers, shall

21  receive additional points.

22         4.  Innovation: Innovative planning concepts such as a

23  phased development plan for mixed-income or occupational

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

25  shall receive additional points.

26         5.  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

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  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         6.  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         7.  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         8.  The quality of the project's design: All

20  developments shall include two full bathrooms in all

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

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

23  exterior storage rooms of a minimum 35 square feet interior

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

25  multifamily or townhouse units.

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

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  1         b.  The following items are not required but shall

  2  receive additional points in the scoring of applications:

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

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

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

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

  7  more parking spaces per unit, large multipurpose room or

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

  9  by geographic region, hurricane shutters or resistant glass,

10  and energy conservation features.

11         9.  The feasibility and economic viability of the

12  project.

13         10.  The sponsor's development experience: Scoring

14  shall provide the most points to eligible applicants with

15  successful experience in the development of farmworker housing

16  commensurate to the size and scope of the proposed

17  development.  Applicants with less development experience or

18  experience in projects substantially smaller than that

19  proposed shall receive less points.  The experience may be

20  that of an affiliated or controlling corporation where the

21  eligible applicant is established to limit liability of the

22  affiliated group.

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

24  provide the most points to eligible applicants with successful

25  experience in the management of farmworker housing

26  commensurate to the size and scope of the proposed

27  development.  Applicants with less management experience or

28  experience in projects substantially smaller than the proposed

29  development shall receive less points. The experience may be

30  that of an affiliated or controlling nonprofit corporation

31

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  1  where the eligible applicant is established to limit liability

  2  of the affiliated group.

  3         12.  The ability to proceed with construction: Scoring

  4  shall provide the most points to those applicants able to

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

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

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

  8  safety, infrastructure availability, schematic site plans and

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

10  approval.

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

12  eligible farmworker tenants.

13         (b)  The corporation may reject any application.

14         (c)  The review committee established by the

15  corporation shall make recommendations to the board of

16  directors of the corporation regarding program participation

17  under the State Farmworker Housing Pilot Loan Program.  The

18  corporation board shall make the final ranking and the

19  decisions regarding which applicants shall become program

20  participants based on the scores received in the competitive

21  ranking, further review of applications, and the

22  recommendations of the review committee.  The corporation

23  board shall approve or reject applications for loans and shall

24  determine the tentative loan amount available to each

25  applicant selected for participation in the program.

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

27  nonamortizing.  The corporation shall establish interest rates

28  for loans made pursuant to this section.  Loans to

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

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 to for-profit applicants shall have interest rates of 3

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

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

  6  allocated to the development, the interest rate may be

  7  adjusted upward to meet appropriate federal requirements.

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

  9  shall apply to all loans provided under this section:

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

11  superior position shall exceed the development cost or the

12  value of security, whichever is less.

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

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

15  loan in order to extend the availability of housing for

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

17  period for which the sponsor agrees to provide housing for

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

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

20  principal and interest may be deferred without constituting a

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

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

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

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

25  occurs first.

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

27  Florida Statutes, shall apply to all loans.

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

29  construction or substantial rehabilitation which creates

30  affordable, safe, and sanitary housing units.

31

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  1         (e)  Sponsors shall annually certify the eligibility

  2  status and adjusted gross income of all persons or families

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

  4  funded by this program.  For monitoring purposes, the

  5  corporation may rely on a federal governmental entity which is

  6  also required to monitor and determine tenant eligibility.

  7         (f)  If agricultural and market conditions change

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

  9  the sponsor may request approval from the corporation for

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

11  The sponsor shall submit evidence of such market changes,

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

13  from agricultural producers and agricultural labor

14  representatives.  The board of directors of the corporation

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

16  preserve the maximum percentage of units for eligible

17  farmworkers as market conditions permit.

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

19  foreclose on any mortgage or security interest or commence any

20  legal action to protect the interest of the corporation and

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

22  and fees.  The corporation may acquire real or personal

23  property or any interest in such property when that

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

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

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

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

28  cannot be effected within a reasonable time, lease such

29  property for occupancy by eligible persons. All sums recovered

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

31  shall be deposited into an account established by the

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  1  corporation in a qualified public depository meeting the

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

  3  expending moneys appropriated to fund the State Farmworker

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

  5         (7)  Subject to the availability of funds appropriated

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

  7  Florida Housing Finance Corporation shall contract with the

  8  Florida Farmworker Housing Coalition, Inc., a nonprofit

  9  corporation established under chapter 617, Florida Statutes,

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

11  to assist the corporation in establishing and implementing the

12  State 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         (8)  Any balance of funds appropriated to fund the

29  State Farmworker Housing Pilot Loan Program which are

30  unencumbered at the end of the fiscal year shall be

31  transferred by the corporation to the Department of Children

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  1  and Family Services to distribute to local coalitions for the

  2  homeless pursuant to s. 420.625.

  3         Section 18.  Subsection (10) of section 220.02, Florida

  4  Statutes, is amended to read:

  5         220.02  Legislative intent.--

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

  7  against either the corporate income tax or the franchise tax

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

  9  220.18, those enumerated in s. 631.828, those enumerated in s.

10  220.191, those enumerated in s. 220.181, those enumerated in

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

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

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

14  those enumerated in s. 220.188, those enumerated in s.

15  220.1845, and those enumerated in s. 220.19, and those

16  enumerated in s. 220.185.

17         Section 19.  Paragraph (a) of subsection (1) of section

18  220.13, Florida Statutes, is amended to read:

19         220.13  "Adjusted federal income" defined.--

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

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

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

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

24  adjusted as follows:

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

26  income:

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

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

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

30  state of the United States which is deductible from gross

31

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  1  income in the computation of taxable income for the taxable

  2  year.

  3         2.  The amount of interest which is excluded from

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

  5  any other federal law, less the associated expenses disallowed

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

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

  8  of any amounts included in alternative minimum taxable income,

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

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

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

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

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

14  amount of the capital gain dividends attributable to the

15  taxable year.

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

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

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

19  The provisions of this subparagraph shall expire and be void

20  on June 30, 2005.

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

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

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

24  The provisions of this subparagraph shall expire and be void

25  on June 30, 2005.

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

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

28  deductible from gross income in the computation of taxable

29  income for the taxable year.

30

31

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  1         7.  That portion of assessments to fund a guaranty

  2  association incurred for the taxable year which is equal to

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

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

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

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

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

  8  over the attributable expenses for the taxable year.

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

10  under s. 220.1895.

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

12  designated project which is equal to the credit allowable for

13  the taxable year under s. 220.185.

14         Section 20.  Sections 220.185 and 420.5093, Florida

15  Statutes, are repealed.

16         Section 21.  Except as otherwise provided in this act,

17  this act shall take effect July 1, 2000.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2310

  3

  4  Increases the percentage of the state private activity bond
    allocation going to regional pools from 50 percent to 60
  5  percent, and decreases the percentage going to the Florida
    First Business allocation pool from 20 percent to 10 percent.
  6  The time within which an allocation must be used by an issuer
    that receives an allocation from a regional pool is increased
  7  from 90 to 155 days. Extends the time period for utilization
    of the state private activity pool and the Florida First
  8  Business Pool for priority projects from April 1 to June 1.

  9  Clarifies the reference to s. 420.004, F.S., as it relates to
    persons meeting certain income limits defined as very
10  low-income, low-income and moderate income for purposes of
    determining whether an affordable housing property is exempt
11  from ad valorem taxation.

12  Provides specific rule-making authority for the Florida
    Housing Finance Corporation to reserve future allocation or
13  funding to provide a remedy for an applicant that appeals the
    status of its application.
14
    Increases the maximum total amount of revenue bonds which may
15  be issued to fund the Florida Affordable Housing Guarantee
    Program from $200 to $300 million.
16
    Changes the Predevelopment Loan Program to allow the Florida
17  Housing Finance Corporation to forgive certain loans and
    convert the loans to grants where the sponsor is unable to
18  obtain financing for the development.

19  Changes the reporting date of the Affordable Housing Study
    Commission from December 31st to July 15th of each year and
20  adds the executive director of the corporation as a recipient
    of the report.
21
    Changes the method of calculation of annual gross income under
22  the SHIP program by annualizing verified sources of income
    instead of projecting prevailing rate of income and changes
23  the definition of "sales price" for purposes of the program.
    In addition, allows another governmental entity than an entity
24  implementing a local housing assistance plan to monitor tenant
    eligibility.
25
    Amends the Florida Fair Housing Act to prohibit
26  discrimnination in land use decisions or in the permitting of
    development based on the source of financing of the
27  development, in addition to race, color, national origin, sex,
    disability, familial status or religion.
28
    Establishes a State Farmworker Housing Pilot Loan Program
29  where the corporation makes farmworker housing loans to an
    eligible sponsor. Provides that any funds appropriated to the
30  program that are unencumbered at the end of the fiscal year
    shall be transferred to the Department of Children and
31  Families to distribute to local coalitions for the homeless.

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






    Florida Senate - 2000                           CS for SB 2310
    316-2025-00




  1  Repeals the State Housing Tax Credit Program.

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