Senate Bill 2310c2

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    Florida Senate - 2000                    CS for CS for SB 2310

    By the Committees on Fiscal Resource; Comprehensive Planning,
    Local and Military Affairs; and Senator Kurth




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  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.; clarifying 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 those

  8  portions of the affordable-housing property which provide

  9  housing to individuals with incomes defined in s. 420.0004(9)

10  and (14), such property shall be exempt from ad valorem

11  taxation to the extent authorized in s. 196.196. All property

12  identified in this section shall comply with the criteria for

13  determination of exempt status to be applied by property

14  appraisers on an annual basis as defined in s. 196.195. The

15  Legislature intends that any property owned by a limited

16  liability company which is disregarded as an entity for

17  federal income tax purposes pursuant to Treasury Regulation

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

19  member.

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

21  section 420.507, Florida Statutes, to read:

22         420.507  Powers of the corporation.--The corporation

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

24  and effectuate the purposes and provisions of this part,

25  including the following powers which are in addition to all

26  other powers granted by other provisions of this part:

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

28  corporation competitive program, for the reservation of future

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

30  is ultimately successful in its litigation regarding a

31  competitive application, and to establish a date certain by

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

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

  3  or funding.

  4         (38)  To designate private activity allocation for

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

  6  VI of chapter 159 between single-family and multifamily

  7  projects.

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

  9  Florida Statutes, is amended to read:

10         420.5092  Florida Affordable Housing Guarantee

11  Program.--

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

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

14  $300 $200 million.

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

16  Florida Statutes, is amended to read:

17         420.5099  Allocation of the low-income housing tax

18  credit.--

19         (3)  The corporation may request such information from

20  applicants as will enable it to make the allocations according

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

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

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

24         Section 12.  Section 420.526, Florida Statutes, is

25  amended to read:

26         420.526  Predevelopment Loan Program; loans and grants

27  authorized; activities eligible for support.--

28         (1)  The corporation is authorized to underwrite and

29  make loans and grants from the Housing Predevelopment Fund to

30  eligible sponsors when it determines that:

31

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

  2  exists in the area described in the application; and

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

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

  5  site acquisition, site development, construction,

  6  rehabilitation, maintenance, or support of the housing

  7  proposed in the application.

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

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

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

11  sponsor's inability to obtain construction or permanent

12  financing for the development.  The corporation shall not

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

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

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

16  sponsor that is unable to demonstrate the ability to proceed

17  as verified by a qualified development team.

18         (3)  The corporation shall establish rules for the

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

20  need and demand for housing for the target population.

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

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

23  program shall be reserved for Sponsors of farmworker housing,

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

25  further priorities shall be as established by rule of the

26  corporation.

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

28  housing predevelopment loans and grants shall include, but not

29  be limited to:

30         (a)  Site acquisition.

31         (b)  Site development.

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  1         (c)  Fees for requisite services from architects,

  2  engineers, surveyors, attorneys, and other professionals.

  3         (d)  Marketing expenses relating to advertisement.

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

  5  housing predevelopment grants shall include, but not be

  6  limited to:

  7         (e)(a)  Administrative expenses.

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

  9         (g)(c)  Consulting fees.

10         (5)(6)  Any funds paid out of the Housing

11  Predevelopment Fund for activities under ss. 420.521-420.529

12  which are reimbursed to the sponsor from another source shall

13  be repaid to the fund.

14         (7)  Sponsors receiving loans for professional fees may

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

16  proposed project would not be feasible for housing for the

17  target population.

18         (6)(8)  Terms and conditions of housing predevelopment

19  loan agreements shall be established by rule and shall

20  include:

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

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

23  corporation.

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

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

26  initiation of permanent financing, whichever event occurs

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

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

29  circumstances exist and if such extension would not jeopardize

30  the corporation's security interest.

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  1         (c)  Provision of reasonable security for the housing

  2  predevelopment loan to ensure the repayment of the principal

  3  and any interest accrued within the term specified.

  4  Reasonable security shall be a promissory note secured by a

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

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

  7  housing predevelopment loan or other collateral acceptable to

  8  the corporation.

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

10  be used for the development of housing and related services

11  for the target population.

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

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

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

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

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

17  prices or rents for dwellings constructed on such land.

18         (f)  Provisions to ensure that any land acquired

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

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

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

22  which specifically prohibits discrimination based on race,

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

24  other applicable federal or state laws.

25         (7)(9)  No predevelopment loan made under this section

26  shall exceed the lesser of:

27         (a)  The development and acquisition costs for the

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

29  or

30         (b)  Five hundred thousand dollars.

31

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  1         (8)(10)  Any real property or any portion thereof

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

  3  disposed of by the eligible sponsor upon the terms and

  4  conditions established by rule of the corporation and

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

  6  the actual prorated land costs, development costs, accrued

  7  taxes, and interest.

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

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

10         420.609  Affordable Housing Study Commission.--Because

11  the Legislature firmly supports affordable housing in Florida

12  for all economic classes:

13         (3)  The department and the corporation agency shall

14  supply such information, assistance, and facilities as are

15  deemed necessary for the commission to carry out its duties

16  under this section and shall provide such staff assistance as

17  is necessary for the performance of required clerical and

18  administrative functions of the commission.

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

20  recommendations regarding existing and proposed housing

21  programs and initiatives.  The commission shall provide these

22  and any other housing recommendations to the secretary of the

23  Department of Community Affairs and the executive director of

24  the corporation.

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

26  2001 1992, the commission shall prepare and submit to the

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

28  House of Representatives a report detailing its findings and

29  making specific program, legislative, and funding

30  recommendations and any other recommendations it deems

31  appropriate.

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  1         (8)  The commission shall recommend studies to be

  2  conducted for included in the annual research agenda of the

  3  Multidisciplinary Center for affordable housing. These

  4  recommendations shall be submitted to the department and the

  5  center in order to assist them in establishing an appropriate

  6  research agenda for the center.

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

  8  420.9071, Florida Statutes, are amended to read:

  9         420.9071  Definitions.--As used in ss.

10  420.907-420.9079, the term:

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

12  defined under the Section 8 housing assistance payments

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

14  the census long form for the recent available decennial

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

16  reporting under Internal Revenue Service Form 1040 for

17  individual federal annual income tax purposes. Counties and

18  eligible municipalities shall calculate income by annualizing

19  verified sources projecting the prevailing annual rate of

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

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

22  the effective date of the determination.

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

24  acquisition of an existing or newly constructed unit, the

25  amount on the executed sales contract. For eligible persons

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

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

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

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

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

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

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

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

  3  rehabilitation or emergency repair of an existing unit that

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

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

  6  appraisal performed by a state-certified appraiser and dated

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

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

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

10  In the case of rehabilitation of an existing unit that

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

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

13  an appraisal performed by a state-certified appraiser and

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

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

16  the county property appraiser, plus the cost of the

17  improvements in either case.

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

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

20  Statutes, are amended to read:

21         420.9075  Local housing assistance plans;

22  partnerships.--

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

24  the following criteria and administrative procedures:

25         (e)  The staff or entity that has administrative

26  authority for implementing a local housing assistance plan

27  assisting rental developments shall annually monitor and

28  determine tenant eligibility or may rely on another

29  governmental entity which is also required to monitor and

30  determine tenant eligibility.

31

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

  2  eligible sponsors or eligible persons for the purpose of

  3  providing eligible housing:

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

  5  eligible housing may not exceed 90 percent of the average

  6  median area purchase price in the statistical area in which

  7  where the eligible housing is located, which housing was

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

  9  sufficient statistical information is available or, as

10  established by the United States Department of Treasury.

11

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

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

14  project and there is a conflict between the criteria

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

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

17  eligible municipality may resolve the conflict by giving

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

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

20  criteria prescribed in this subsection with the exception of

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

22         Section 16.  Section 760.26, Florida Statutes, is

23  created to read:

24         760.26  Prohibited discrimination in land use decisions

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

26  discriminate in land use decisions or in the permitting of

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

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

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

30  proposed development.

31

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  1         Section 17.  State Farmworker Housing Pilot Loan

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

  3  created for the purpose of demonstrating the ability to use

  4  state dedicated funds to leverage Federal Government, local

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

  6  and sanitary rental housing units for farmworkers.

  7         (1)  Subject to the availability of funds appropriated

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

  9  Florida Housing Finance Corporation shall have the authority

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

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

12         (a)  Agrees to:

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

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

15  Statutes;

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

17  whose family income does not exceed:

18         a.  Fifty percent of the adjusted local median income

19  in areas which are not metropolitan statistical areas; or

20         b.  Forty percent of adjusted local median income in

21  metropolitan statistical areas; and

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

23  maximum household income adjusted to unit size; or

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

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

26  meets maximum rental limits, tenant eligibility, and other

27  regulatory requirements established pursuant to such programs.

28         (2)  The corporation shall issue a request for

29  proposals to solicit applications for loans offered pursuant

30  to this section and shall establish a funding cycle to

31  distribute funds pursuant to this section.  The corporation

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  1  shall coordinate this cycle with the fiscal year 2001 federal

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

  3  Federal Housing Act of 1949.  The corporation may distribute

  4  through this funding cycle any additional funds set aside for

  5  farmworker housing under the State Apartment Incentive Loan

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

  7  Investment Partnership Program authorized by s. 420.5089,

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

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

10         (3)  All eligible applications shall:

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

12  firm site control of land and evidences availability of

13  required infrastructure.

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

15  from other sources collectively totaling at least 25 percent

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

17  or contributions need not be committed at the time of

18  application. The corporation shall establish a set time for

19  receipt of such commitments.

20         (c)  Have local government contributions and private

21  agriculture producer funds and other private leveraged funds

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

23         (d)  Demonstrate accessibility to commercial businesses

24  and services needed to serve the needs of the resident

25  farmworkers or include a viable plan to provide access to

26  those commercial businesses and services.

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

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

29         (4)  The corporation shall establish a review committee

30  composed of staff of the Department of Community Affairs

31  selected by the Secretary of Community Affairs and staff of

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  1  the corporation and shall establish a scoring system for

  2  evaluation and competitive ranking of applications submitted

  3  in this program.

  4         (a)  Each application shall address and be evaluated

  5  and ranked based on the following criteria:

  6         1.  A demonstrated need for farmworker housing:

  7  Proposed developments in a county determined by the Shimberg

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

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

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

11  shall receive maximum points. Sponsors proposing developments

12  in other counties and demonstrating a high need for farmworker

13  housing through other state or local governmental reports or

14  market studies are eligible for funding under this section,

15  but shall receive less points.

16         2.  Developer fees: Sponsors with developer fees less

17  than 15 percent shall be awarded additional points. There

18  shall be no identity of interest between the sponsor,

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

20  affiliated entities shall not receive any financial or other

21  remuneration from the contractor as a condition of the

22  contractor's selection.

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

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

25  or migrant workers, including unaccompanied workers, shall

26  receive additional points.

27         4.  Innovation: Innovative planning concepts such as a

28  phased development plan for mixed-income or occupational

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

30  shall receive additional points.

31

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  1         5.  Federal Government contributions: Scoring shall

  2  provide additional points based on the percentage of federal

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

  4  proposed project.  The corporation shall establish a set time

  5  for receipt of such commitments, taking into consideration the

  6  application deadlines and projected determination periods set

  7  by each of the agencies responsible for the federal funds

  8  proposed as leveraged.  The corporation may give more points

  9  to applications with commitments of federal contributions.

10         6.  Local government participation: Evidence of local

11  government participation in project planning demonstrating a

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

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

14  other activities, shall receive additional points.

15         7.  A provision for supportive services accessible

16  onsite or through cooperative agreements with service

17  providers in the community: Scoring shall provide additional

18  points to eligible applications that provide one or more

19  qualified tenant programs to enhance quality of life for

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

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

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

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

24  Second Language courses, and GED courses.

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

26  developments shall include two full bathrooms in all

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

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

29  exterior storage rooms of a minimum 35 square feet interior

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

31  multifamily or townhouse units.

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  1         a.  The following items are not required and shall

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

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

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

  5  garbage disposals, and cable television hookups.

  6         b.  The following items are not required but shall

  7  receive additional points in the scoring of applications:

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

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

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

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

12  more parking spaces per unit, large multipurpose room or

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

14  by geographic region, hurricane shutters or resistant glass,

15  and energy conservation features.

16         9.  The feasibility and economic viability of the

17  project.

18         10.  The sponsor's development experience: Scoring

19  shall provide the most points to eligible applicants with

20  successful experience in the development of farmworker housing

21  commensurate to the size and scope of the proposed

22  development.  Applicants with less development experience or

23  experience in projects substantially smaller than that

24  proposed shall receive less points.  The experience may be

25  that of an affiliated or controlling corporation where the

26  eligible applicant is established to limit liability of the

27  affiliated group.

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

29  provide the most points to eligible applicants with successful

30  experience in the management of farmworker housing

31  commensurate to the size and scope of the proposed

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  1  development.  Applicants with less management experience or

  2  experience in projects substantially smaller than the proposed

  3  development shall receive less points. The experience may be

  4  that of an affiliated or controlling nonprofit corporation

  5  where the eligible applicant is established to limit liability

  6  of the affiliated group.

  7         12.  The ability to proceed with construction: Scoring

  8  shall provide the most points to those applicants able to

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

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

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

12  safety, infrastructure availability, schematic site plans and

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

14  approval.

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

16  eligible farmworker tenants.

17         (b)  The corporation may reject any application.

18         (c)  The review committee established by the

19  corporation shall make recommendations to the board of

20  directors of the corporation regarding program participation

21  under the State Farmworker Housing Pilot Loan Program.  The

22  corporation board shall make the final ranking and the

23  decisions regarding which applicants shall become program

24  participants based on the scores received in the competitive

25  ranking, further review of applications, and the

26  recommendations of the review committee.  The corporation

27  board shall approve or reject applications for loans and shall

28  determine the tentative loan amount available to each

29  applicant selected for participation in the program.

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

31  nonamortizing.  The corporation shall establish interest rates

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  1  for loans made pursuant to this section.  Loans to

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

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

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

  5  allocated to the development, the interest rate may be

  6  adjusted upward to meet appropriate federal requirements.

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

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

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

10  allocated to the development, the interest rate may be

11  adjusted upward to meet appropriate federal requirements.

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

13  shall apply to all loans provided under this section:

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

15  superior position shall exceed the development cost or the

16  value of security, whichever is less.

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

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

19  loan in order to extend the availability of housing for

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

21  period for which the sponsor agrees to provide housing for

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

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

24  principal and interest may be deferred without constituting a

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

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

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

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

29  occurs first.

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

31  Florida Statutes, shall apply to all loans.

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

  2  construction or substantial rehabilitation which creates

  3  affordable, safe, and sanitary housing units.

  4         (e)  Sponsors shall annually certify the eligibility

  5  status and adjusted gross income of all persons or families

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

  7  funded by this program.  For monitoring purposes, the

  8  corporation may rely on a federal governmental entity which is

  9  also required to monitor and determine tenant eligibility.

10         (f)  If agricultural and market conditions change

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

12  the sponsor may request approval from the corporation for

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

14  The sponsor shall submit evidence of such market changes,

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

16  from agricultural producers and agricultural labor

17  representatives.  The board of directors of the corporation

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

19  preserve the maximum percentage of units for eligible

20  farmworkers as market conditions permit.

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

22  foreclose on any mortgage or security interest or commence any

23  legal action to protect the interest of the corporation and

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

25  and fees.  The corporation may acquire real or personal

26  property or any interest in such property when that

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

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

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

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

31  cannot be effected within a reasonable time, lease such

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  1  property for occupancy by eligible persons. All sums recovered

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

  3  shall be deposited into an account established by the

  4  corporation in a qualified public depository meeting the

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

  6  expending moneys appropriated to fund the State Farmworker

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

  8         (7)  Subject to the availability of funds appropriated

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

10  Florida Housing Finance Corporation shall contract with the

11  Florida Farmworker Housing Coalition, Inc., a nonprofit

12  corporation established under chapter 617, Florida Statutes,

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

14  to assist the corporation in establishing and implementing the

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

16  research report that includes a needs assessment and strategic

17  plan for agricultural labor housing in this state.  The

18  research report shall be submitted to the Governor, the

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

20  Representatives.  The report shall:

21         (a)  Identify localities throughout this state having

22  the greatest need for newly-constructed or rehabilitated

23  agricultural labor housing.

24         (b)  Identify successful project prototypes to provide

25  safe, decent, and affordable agricultural housing.

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

27  the development of agricultural housing.

28         (d)  Profile successful state and local government

29  programs within and without this state that address

30  agricultural housing needs.

31

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  1         (8)  Any balance of funds appropriated to fund the

  2  State Farmworker Housing Pilot Loan Program which are

  3  unencumbered at the end of the fiscal year shall be

  4  transferred by the corporation to the Department of Children

  5  and Family Services to distribute to local coalitions for the

  6  homeless pursuant to s. 420.625.

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

  8  Statutes, is amended to read:

  9         220.02  Legislative intent.--

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

11  against either the corporate income tax or the franchise tax

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

13  220.18, those enumerated in s. 631.828, those enumerated in s.

14  220.191, those enumerated in s. 220.181, those enumerated in

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

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

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

18  those enumerated in s. 220.188, those enumerated in s.

19  220.1845, and those enumerated in s. 220.19, and those

20  enumerated in s. 220.185.

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

22  220.13, Florida Statutes, is amended to read:

23         220.13  "Adjusted federal income" defined.--

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

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

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

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

28  adjusted as follows:

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

30  income:

31

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

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

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

  4  state of the United States which is deductible from gross

  5  income in the computation of taxable income for the taxable

  6  year.

  7         2.  The amount of interest which is excluded from

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

  9  any other federal law, less the associated expenses disallowed

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

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

12  of any amounts included in alternative minimum taxable income,

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

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

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

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

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

18  amount of the capital gain dividends attributable to the

19  taxable year.

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

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

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

23  The provisions of this subparagraph shall expire and be void

24  on June 30, 2005.

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

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

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

28  The provisions of this subparagraph shall expire and be void

29  on June 30, 2005.

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

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

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  1  deductible from gross income in the computation of taxable

  2  income for the taxable year.

  3         7.  That portion of assessments to fund a guaranty

  4  association incurred for the taxable year which is equal to

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

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

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

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

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

10  over the attributable expenses for the taxable year.

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

12  under s. 220.1895.

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

14  designated project which is equal to the credit allowable for

15  the taxable year under s. 220.185.

16         Section 20.  Sections 220.185 and 420.5093, Florida

17  Statutes, are repealed.

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

19  this act shall take effect July 1, 2000.

20

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                            CS/SB 2310

23

24  The committee substitute limits ad valorem tax exemptions to
    housing for persons with low and very low incomes, removing
25  moderate-income persons from the list of eligible occupants.

26

27

28

29

30

31

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