House Bill hb0547

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    Florida House of Representatives - 2002                 HB 547

        By the Committee on Local Government & Veterans Affairs
    and Representatives Sorensen, Brummer, Davis, Gibson, Bowen,
    Littlefield, Green, Bilirakis, Detert, Farkas, Carassas,
    Needelman, Pickens, Bullard, Holloway, Jennings, Kilmer,
    (Additional Sponsors on Last Printed Page)


  1                      A bill to be entitled

  2         An act relating to affordable housing; amending

  3         s. 373.4141, F.S.; providing that processing of

  4         permit applications for affordable housing

  5         projects under pt. IV of ch. 373, F.S.,

  6         relating to management and storage of surface

  7         waters, shall be expedited; amending s.

  8         380.0552, F.S.; providing for carryover of

  9         unused residential permit units from one year

10         to a subsequent year in the Florida Keys Area;

11         amending s. 420.507, F.S.; providing that

12         projects for occupancy by commercial fishing

13         workers and the homeless are eligible for the

14         lowest interest rate mortgage loans under the

15         State Apartment Incentive Loan Program;

16         authorizing the Florida Housing Finance

17         Corporation to establish subsidiary

18         corporations for certain purposes and to

19         conduct and fund certain demonstration programs

20         and projects; amending s. 420.508, F.S.;

21         authorizing the corporation to establish a

22         procedure for evaluating and ranking

23         applications for private activity bond

24         allocation in connection with multifamily

25         projects and to establish terms of mortgage

26         loans; amending s. 420.5087, F.S.; providing

27         that a project located in a county that

28         includes or has included an area of critical

29         state concern for which the Legislature intends

30         to provide affordable housing and that meets

31         certain income criteria is eligible under the

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  1         State Apartment Incentive Loan Program;

  2         amending s. 420.526, F.S.; revising

  3         requirements relating to funding priorities

  4         under the Predevelopment Loan Program; amending

  5         s. 420.527, F.S.; revising requirements

  6         relating to the application procedure under the

  7         program and to evaluation of applicants;

  8         amending s. 420.9075, F.S.; revising

  9         requirements for monitoring and determining

10         tenant eligibility in connection with a local

11         housing assistance plan under the State Housing

12         Initiatives Partnership Program; revising

13         requirements for determining the average area

14         purchase price under such plans; exempting a

15         county or municipality that includes or has

16         included an area of critical state concern for

17         which the Legislature intends to provide

18         affordable housing from certain tenant income

19         requirements under such plans; revising

20         requirements for the annual report to the

21         corporation required under the program;

22         providing an effective date.

23

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

25

26         Section 1.  Subsection (3) is added to section

27  373.4141, Florida Statutes, to read:

28         373.4141  Permits; processing.--

29         (3)  Processing of applications for permits for

30  affordable housing projects shall be expedited to a greater

31  degree than other projects.

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  1         Section 2.  Subsection (10) is added to section

  2  380.0552, Florida Statutes, to read:

  3         380.0552  Florida Keys Area; protection and designation

  4  as area of critical state concern.--

  5         (10)  CARRYOVER OF UNUSED RESIDENTIAL PERMIT

  6  UNITS.--For any rate of growth ordinance adopted pursuant to

  7  this section, under which an annual unit cap for new

  8  residential development is established, any units not used

  9  during the year for which the unit cap applies shall be

10  carried over to the subsequent year and added to the unit cap

11  for the subsequent year.

12         Section 3.  Paragraph (a) of subsection (22) of section

13  420.507, Florida Statutes, is amended, and subsections (40)

14  and (41) are added to said section, to read:

15         420.507  Powers of the corporation.--The corporation

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

17  and effectuate the purposes and provisions of this part,

18  including the following powers which are in addition to all

19  other powers granted by other provisions of this part:

20         (22)  To develop and administer the State Apartment

21  Incentive Loan Program. In developing and administering that

22  program, the corporation may:

23         (a)  Make first, second, and other subordinated

24  mortgage loans including variable or fixed rate loans subject

25  to contingent interest.  The corporation shall make loans

26  exceeding 25 percent of project cost available only to

27  nonprofit organizations and public bodies which are able to

28  secure grants, donations of land, or contributions from other

29  sources and to projects meeting the criteria of subparagraph

30  1. Mortgage loans shall be made available at the following

31  rates of interest:

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  1         1.  Zero to 3 percent interest for sponsors of projects

  2  that maintain an 80 percent occupancy of residents qualifying

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

  4  fishing workers as defined in s. 420.503(5), or the homeless

  5  as defined in s. 420.621(4) over the life of the loan.

  6         2.  Three to 9 percent interest for sponsors of

  7  projects targeted at populations other than farmworkers,

  8  commercial fishing workers, and the homeless.

  9         (40)  To establish subsidiary corporations for the

10  purpose of taking title to and managing and disposing of

11  property acquired by the corporation. Such subsidiary

12  corporations shall be public corporations wholly owned by the

13  corporation; shall be entitled to own, mortgage, and sell

14  property on the same basis as the corporation; and shall be

15  deemed corporations primarily acting as agents of the state,

16  within the meaning of s. 768.28, on the same basis as the

17  corporation.

18         (41)  To conduct and fund demonstration programs and

19  projects which further the statutory purposes of the

20  corporation, including the power to establish selection

21  criteria by rule or by means of requests for proposals.

22         Section 4.  Subsections (6) and (7) are added to

23  section 420.508, Florida Statutes, to read:

24         420.508  Special powers; multifamily and single-family

25  projects.--The corporation shall have the special power to:

26         (6)  Establish, by rule, a procedure for evaluating,

27  scoring, and competitively ranking all applications for

28  private activity bond allocation in connection with

29  multifamily projects financed under this part.

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  1         (7)  Establish terms of mortgage loans funded pursuant

  2  to this part, including applicable security documents and

  3  limitations on sources and uses of funds.

  4         Section 5.  Subsection (2) of section 420.5087, Florida

  5  Statutes, is amended to read:

  6         420.5087  State Apartment Incentive Loan

  7  Program.--There is hereby created the State Apartment

  8  Incentive Loan Program for the purpose of providing first,

  9  second, or other subordinated mortgage loans or loan

10  guarantees to sponsors, including for-profit, nonprofit, and

11  public entities, to provide housing affordable to

12  very-low-income persons.

13         (2)  The corporation shall have the power to underwrite

14  and make state apartment incentive loans or loan guarantees to

15  sponsors, provided:

16         (a)  The sponsor uses tax-exempt financing for the

17  first mortgage and at least 20 percent of the units in the

18  project are set aside for persons or families who have incomes

19  which meet the income eligibility requirements of s. 8 of the

20  United States Housing Act of 1937, as amended;

21         (b)  The sponsor uses taxable financing for the first

22  mortgage and at least 20 percent of the units in the project

23  are set aside for persons or families who have incomes below

24  50 percent of the state or local median income, whichever is

25  higher, which shall be adjusted by the corporation for family

26  size; or

27         (c)  The sponsor uses the federal low-income housing

28  tax credit, and the project meets the tenant income

29  eligibility requirements of s. 42 of the Internal Revenue Code

30  of 1986, as amended; or.

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  1         (d)  The project is located in a county that includes,

  2  or has included within the previous 5 years, an area of

  3  critical state concern designated or ratified by the

  4  Legislature for which the Legislature has declared its intent

  5  to provide affordable housing, and 100 percent of the units in

  6  the project are set aside for persons or families who have

  7  incomes below 120 percent of the state or local median income,

  8  whichever is higher, which shall be adjusted by the

  9  corporation for family size.

10

11  This subsection does not prohibit a tenant from qualifying

12  under the income eligibility criteria of paragraph (a),

13  paragraph (b), or paragraph (c), or paragraph (d) due to the

14  tenant's participation in a job training program approved by

15  the corporation.  Compliance with the provisions of this

16  subsection must be contractually provided for the term of the

17  loan or 12 years, whichever is longer; however, this

18  subsection does not apply to loans made to housing communities

19  for the elderly to provide for lifesafety, building

20  preservation, health, sanitation, or security-related repairs

21  or improvements. Such loans shall be subject to tenant income

22  criteria established by corporation rule.

23         Section 6.  Subsection (3) of section 420.526, Florida

24  Statutes, is amended to read:

25         420.526  Predevelopment Loan Program; loans and grants

26  authorized; activities eligible for support.--

27         (3)  The corporation shall establish rules for the

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

29  need and demand for housing for the target population. Funds

30  shall be made available under the program on a first-come,

31  first-served basis, unless otherwise established by

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  1  corporation rule. Sponsors of farmworker housing, if any,

  2  shall receive first priority under this program, and further

  3  priorities shall be as established by rule of the corporation.

  4         Section 7.  Section 420.527, Florida Statutes, is

  5  amended to read:

  6         420.527  Application procedure.--

  7         (1)  Applications shall be submitted to the corporation

  8  in a form that it establishes by rule.

  9         (2)  Applications that propose linkage of

10  predevelopment funds with other financing offered through the

11  corporation shall receive preference in funding.

12         (3)  The corporation shall publish a notice of fund

13  availability in a publication of general circulation

14  throughout the state.  Such notice shall be published at least

15  60 days before the application deadline.

16         (2)(4)  By rule, the corporation shall establish the

17  criteria a review committee composed of representatives of the

18  corporation and a scoring system for determining threshold

19  compliance with corporation objectives evaluating and ranking

20  applications.  Final decisions regarding funding shall be

21  approved by the corporation board shall make the final ranking

22  and shall decide which applicants become program participants

23  based on the scores received in the ranking, further review of

24  applications, and the recommendations of the review committee.

25  The corporation board shall approve or reject applications for

26  loans and grants and shall determine the tentative loan or

27  grant amount available to each program participant.  The

28  actual loan or grant amount shall be determined pursuant to

29  rule specifying credit underwriting procedures.

30

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  1         (3)(5)  The criteria to be used to determine threshold

  2  compliance score applications shall include, but are not

  3  limited to, the following:

  4         (a)  Income target objectives of the corporation.

  5         (b)  Sponsor's agreement to reserve more than the

  6  minimum number of units for low-income households and

  7  very-low-income households.

  8         (c)  Projects requiring the least amount of

  9  predevelopment funds compared to total predevelopment costs.

10         (d)  Sponsor's prior experience.

11         (e)  Commitments of other financing.

12         (f)  Sponsor's ability to proceed.

13         (g)  Project's consistency with the local government

14  comprehensive plan.

15         Section 8.  Paragraph (e) of subsection (3), paragraphs

16  (c) and (d) of subsection (4), and paragraph (c) of subsection

17  (9) of section 420.9075, Florida Statutes, are amended to

18  read:

19         420.9075  Local housing assistance plans;

20  partnerships.--

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

22  the following criteria and administrative procedures:

23         (e)  The staff or entity that has administrative

24  authority for implementing a local housing assistance plan

25  assisting rental developments shall annually monitor and

26  determine tenant eligibility or, to the extent another

27  governmental entity the Florida Housing Finance Corporation

28  provides the same monitoring and determination, a

29  municipality, county, or local housing financing authority may

30  rely on such monitoring and determination of tenant

31  eligibility. However, any loan or grant in the original amount

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  1  of $3,000 or less shall not be subject to these annual

  2  monitoring and determination of tenant eligibility

  3  requirements.

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

  5  eligible sponsors or eligible persons for the purpose of

  6  providing eligible housing:

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

  8  eligible housing may not exceed 90 percent of the average area

  9  purchase price in the statistical area in which the eligible

10  housing is located, which housing was purchased during the

11  most recent 12-month period for which sufficient statistical

12  information is available or, as established by the United

13  States Department of Treasury. Such average area purchase

14  price may be that calculated for any 12-month period beginning

15  not earlier than the fourth calendar year prior to the year in

16  which the award occurs.

17         (d)1.  All units constructed, rehabilitated, or

18  otherwise assisted with the funds provided from the local

19  housing assistance trust fund must be occupied by

20  very-low-income persons, low-income persons, and

21  moderate-income persons.

22         2.  At least 30 percent of the funds deposited into the

23  local housing assistance trust fund must be reserved for

24  awards to very-low-income persons or eligible sponsors who

25  will serve very-low-income persons and at least an additional

26  30 percent of the funds deposited into the local housing

27  assistance trust fund must be reserved for awards to

28  low-income persons or eligible sponsors who will serve

29  low-income persons. This subparagraph does not apply to a

30  county or an eligible municipality that includes, or has

31  included within the previous 5 years, an area of critical

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  1  state concern designated or ratified by the Legislature for

  2  which the Legislature has declared its intent to provide

  3  affordable housing.

  4

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

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

  7  project and there is a conflict between the criteria

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

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

10  eligible municipality may resolve the conflict by giving

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

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

13  criteria prescribed in this subsection with the exception of

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

15         (9)  Each county or eligible municipality shall submit

16  to the corporation by September 15 of each year a report of

17  its affordable housing programs and accomplishments through

18  June 30 immediately preceding submittal of the report. The

19  report shall be certified as accurate and complete by the

20  local government's chief elected official or his or her

21  designee. Transmittal of the annual report by a county's or

22  eligible municipality's chief elected official, or his or her

23  designee, certifies that the local housing incentive

24  strategies, or, if applicable, the local housing incentive

25  plan, have been implemented or are in the process of being

26  implemented pursuant to the adopted schedule for

27  implementation. The report must include, but is not limited

28  to:

29         (c)  The average area purchase sales price or value of

30  a single-family units unit and the amount of rent charged for

31  a rental unit based on unit size.

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  1         Section 9.  This act shall take effect upon becoming a

  2  law.

  3

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

  5                          HOUSE SUMMARY

  6
      Provides that processing of permit applications for
  7    affordable housing projects under pt. IV of ch. 373,
      F.S., relating to management and storage of surface
  8    waters, shall be expedited.

  9
      Provides for carryover of unused residential permit units
10    from one year to a subsequent year in the Florida Keys
      Area.
11

12    Provides that projects for occupancy by commercial
      fishing workers and the homeless are eligible for the
13    lowest interest rate mortgage loans under the State
      Apartment Incentive Loan Program. Authorizes the Florida
14    Housing Finance Corporation to establish subsidiary
      corporations for certain purposes and to conduct and fund
15    certain demonstration programs and projects. Authorizes
      the corporation to establish a procedure for evaluating
16    and ranking applications for private activity bond
      allocation in connection with multifamily projects and to
17    establish terms of mortgage loans. Provides that a
      project located in a county that includes or has included
18    an area of critical state concern for which the
      Legislature intends to provide affordable housing and
19    that meets certain income criteria is eligible under the
      State Apartment Incentive Loan Program.
20

21    Revises requirements relating to funding priorities under
      the Predevelopment Loan Program, and requirements
22    relating to the application procedure under the program
      and to evaluation of applicants. Revises requirements for
23    monitoring and determining tenant eligibility in
      connection with a local housing assistance plan under the
24    State Housing Initiatives Partnership Program. Revises
      requirements for determining the average area purchase
25    price under such plans. Exempts a county or municipality
      that includes or has included an area of critical state
26    concern for which the Legislature intends to provide
      affordable housing from certain tenant income
27    requirements under such plans. Revises requirements for
      the annual report to the corporation required under the
28    program.

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  2                       ADDITIONAL SPONSORS

  3  Melvin, Trovillion, Maygarden, Goodlette, Diaz-Balart, Byrd,
    Flanagan, Paul, Kravitz, Simmons, Cantens, Heyman, Harrington,
  4  Ryan, Evers, Ausley, Sobel and Seiler

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