Florida Senate - 2008 (Reformatted) SB 1020
By Senator Geller
31-02556A-08 20081020__
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A bill to be entitled
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An act relating to affordable housing for veterans;
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amending s. 201.15, F.S.; increasing the amount of the
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documentary tax distributed to the State Housing Trust
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Fund; providing that the increased amount is to be used to
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fund loans to veterans for affordable housing through the
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Florida Homeownership Assistance Program; amending s.
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420.5092, F.S.; conforming cross-references; providing an
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appropriation; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (10) of section 201.15, Florida
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Statutes, is amended to read:
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201.15 Distribution of taxes collected.--All taxes
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collected under this chapter shall be distributed as follows and
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shall be subject to the service charge imposed in s. 215.20(1),
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except that such service charge shall not be levied against any
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portion of taxes pledged to debt service on bonds to the extent
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that the amount of the service charge is required to pay any
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amounts relating to the bonds:
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(10) The lesser of eight and sixty-six hundredths percent
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of the remaining taxes collected under this chapter or $156 $136
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million in each fiscal year shall be paid into the State Treasury
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to the credit of the State Housing Trust Fund and shall be used
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as follows:
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(a) Twenty million shall be expended to provide affordable
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housing to veterans who qualify for loan assistance available
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through the Florida Homeownership Assistance Program.
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(b)(a) Twelve and one-half percent of the that amount
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remaining after the required payment in paragraph (a) shall be
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deposited into the State Housing Trust Fund and be expended by
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the Department of Community Affairs and by the Florida Housing
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Finance Corporation for the purposes for which the State Housing
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Trust Fund was created and exists by law.
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(c)(b) Eighty-seven and one-half percent of the that amount
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remaining after the required payment in paragraph (a) shall be
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distributed to the Local Government Housing Trust Fund and shall
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be used for the purposes for which the Local Government Housing
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Trust Fund was created and exists by law. Funds from this
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category may also be used to provide for state and local services
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to assist the homeless.
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Section 2. Subsection (5) and paragraph (a) of subsection
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(6) of section 420.5092, Florida Statutes, are amended to read:
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420.5092 Florida Affordable Housing Guarantee Program.--
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(5) Pursuant to s. 16, Art. VII of the State Constitution,
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the corporation may issue, in accordance with s. 420.509, revenue
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bonds of the corporation to establish the guarantee fund. The
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Such revenue bonds shall be primarily payable from and secured by
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annual debt service reserves, from interest earned on funds on
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deposit in the guarantee fund, from fees, charges, and
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reimbursements established by the corporation for the issuance of
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affordable housing guarantees, and from any other revenue source
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sources received by the corporation and deposited by the
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corporation into the guarantee fund for the issuance of
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affordable housing guarantees. To the extent such primary revenue
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sources are considered insufficient by the corporation, pursuant
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to the certification provided in subsection (6), to fully fund
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the annual debt service reserve, the certified deficiency in the
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such reserve shall be additionally payable from the first
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proceeds of the documentary stamp tax moneys deposited into the
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State Housing Trust Fund pursuant to s. 201.15(9)(a) and (10)(b)
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(10)(a) during the ensuing state fiscal year.
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(6)(a) If the primary revenue sources to be used for the
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repayment of revenue bonds used to establish the guarantee fund
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are insufficient for such repayment, the annual principal and
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interest due on each series of revenue bonds shall be payable
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from funds in the annual debt service reserve. The corporation
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shall, before June 1 of each year, perform a financial audit to
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determine whether, at the end of the state fiscal year, there
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will be on deposit in the guarantee fund an annual debt service
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reserve from interest earned pursuant to the investment of the
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guarantee fund, fees, charges, and reimbursements received from
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issued affordable housing guarantees and other revenue sources
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available to the corporation. Based upon the findings in the such
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guarantee fund financial audit, the corporation shall certify to
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the Chief Financial Officer the amount of any projected
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deficiency in the annual debt service reserve for any series of
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outstanding bonds as of the end of the state fiscal year and the
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amount necessary to maintain the such annual debt service
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reserve. Upon receipt of the such certification, the Chief
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Financial Officer shall transfer to the annual debt service
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reserve, from the first available taxes distributed to the State
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Housing Trust Fund pursuant to s. 201.15(9)(a) and (10)(b)
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(10)(a) during the ensuing state fiscal year, the amount
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certified as necessary to maintain the annual debt service
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reserve.
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Section 3. The sum of $20 million in recurring funds is
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appropriated from the State Housing Trust Fund to the Florida
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Housing Finance Corporation for the 2008-2009 fiscal year, and
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for each fiscal year thereafter, to provide affordable housing to
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veterans who qualify for loan assistance available through the
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Florida Homeownership Assistance Program.
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Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.