1 | A bill to be entitled |
2 | An act relating to affordable housing for veterans; |
3 | amending s. 201.15, F.S.; increasing the amount of the |
4 | documentary tax distributed to the State Housing Trust |
5 | Fund; providing that the increased amount is to be used to |
6 | fund loans to veterans for affordable housing through the |
7 | Florida Homeownership Assistance Program; amending s. |
8 | 420.5092, F.S.; conforming cross-references; providing an |
9 | appropriation; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Subsection (10) of section 201.15, Florida |
14 | Statutes, is amended to read: |
15 | 201.15 Distribution of taxes collected.--All taxes |
16 | collected under this chapter shall be distributed as follows and |
17 | shall be subject to the service charge imposed in s. 215.20(1), |
18 | except that such service charge shall not be levied against any |
19 | portion of taxes pledged to debt service on bonds to the extent |
20 | that the amount of the service charge is required to pay any |
21 | amounts relating to the bonds: |
22 | (10) The lesser of eight and sixty-six hundredths percent |
23 | of the remaining taxes collected under this chapter or $156 $136 |
24 | million in each fiscal year shall be paid into the State |
25 | Treasury to the credit of the State Housing Trust Fund and shall |
26 | be used as follows: |
27 | (a) Twenty million shall be expended to provide affordable |
28 | housing to veterans who qualify for loan assistance available |
29 | through the Florida Homeownership Assistance Program. |
30 | (b)(a) Twelve and one-half percent of the that amount |
31 | remaining after the required payment in paragraph (a) shall be |
32 | deposited into the State Housing Trust Fund and be expended by |
33 | the Department of Community Affairs and by the Florida Housing |
34 | Finance Corporation for the purposes for which the State Housing |
35 | Trust Fund was created and exists by law. |
36 | (c)(b) Eighty-seven and one-half percent of the that |
37 | amount remaining after the required payment in paragraph (a) |
38 | shall be distributed to the Local Government Housing Trust Fund |
39 | and shall be used for the purposes for which the Local |
40 | Government Housing Trust Fund was created and exists by law. |
41 | Funds from this category may also be used to provide for state |
42 | and local services to assist the homeless. |
43 | Section 2. Subsections (5) and (6) of section 420.5092, |
44 | Florida Statutes, are amended to read: |
45 | 420.5092 Florida Affordable Housing Guarantee Program.-- |
46 | (5) Pursuant to s. 16, Art. VII of the State Constitution, |
47 | the corporation may issue, in accordance with s. 420.509, |
48 | revenue bonds of the corporation to establish the guarantee |
49 | fund. The Such revenue bonds shall be primarily payable from and |
50 | secured by annual debt service reserves, from interest earned on |
51 | funds on deposit in the guarantee fund, from fees, charges, and |
52 | reimbursements established by the corporation for the issuance |
53 | of affordable housing guarantees, and from any other revenue |
54 | source sources received by the corporation and deposited by the |
55 | corporation into the guarantee fund for the issuance of |
56 | affordable housing guarantees. To the extent such primary |
57 | revenue sources are considered insufficient by the corporation, |
58 | pursuant to the certification provided in subsection (6), to |
59 | fully fund the annual debt service reserve, the certified |
60 | deficiency in the such reserve shall be additionally payable |
61 | from the first proceeds of the documentary stamp tax moneys |
62 | deposited into the State Housing Trust Fund pursuant to s. |
63 | 201.15(9)(a) and (10)(b) (10)(a) during the ensuing state fiscal |
64 | year. |
65 | (6)(a) If the primary revenue sources to be used for the |
66 | repayment of revenue bonds used to establish the guarantee fund |
67 | are insufficient for such repayment, the annual principal and |
68 | interest due on each series of revenue bonds shall be payable |
69 | from funds in the annual debt service reserve. The corporation |
70 | shall, before June 1 of each year, perform a financial audit to |
71 | determine whether, at the end of the state fiscal year, there |
72 | will be on deposit in the guarantee fund an annual debt service |
73 | reserve from interest earned pursuant to the investment of the |
74 | guarantee fund, fees, charges, and reimbursements received from |
75 | issued affordable housing guarantees and other revenue sources |
76 | available to the corporation. Based upon the findings in the |
77 | such guarantee fund financial audit, the corporation shall |
78 | certify to the Chief Financial Officer the amount of any |
79 | projected deficiency in the annual debt service reserve for any |
80 | series of outstanding bonds as of the end of the state fiscal |
81 | year and the amount necessary to maintain the such annual debt |
82 | service reserve. Upon receipt of the such certification, the |
83 | Chief Financial Officer shall transfer to the annual debt |
84 | service reserve, from the first available taxes distributed to |
85 | the State Housing Trust Fund pursuant to s. 201.15(9)(a) and |
86 | (10)(b) (10)(a) during the ensuing state fiscal year, the amount |
87 | certified as necessary to maintain the annual debt service |
88 | reserve. |
89 | (b) If the claims payment obligations under affordable |
90 | housing guarantees from amounts on deposit in the guarantee fund |
91 | would cause the claims paying rating assigned to the guarantee |
92 | fund to be less than the third-highest rating classification of |
93 | any nationally recognized rating service, which classifications |
94 | being consistent with s. 215.84(3) and rules adopted thereto by |
95 | the State Board of Administration, the corporation shall certify |
96 | to the Chief Financial Officer the amount of such claims payment |
97 | obligations. Upon receipt of such certification, the Chief |
98 | Financial Officer shall transfer to the guarantee fund, from the |
99 | first available taxes distributed to the State Housing Trust |
100 | Fund pursuant to s. 201.15(9)(a) and (10)(b) (10)(a) during the |
101 | ensuing state fiscal year, the amount certified as necessary to |
102 | meet such obligations, such transfer to be subordinate to any |
103 | transfer referenced in paragraph (a) and not to exceed 50 |
104 | percent of the amounts distributed to the State Housing Trust |
105 | Fund pursuant to s. 201.15(9)(a) and (10)(b) (10)(a) during the |
106 | preceding state fiscal year. |
107 | Section 3. The sum of $20 million in recurring funds is |
108 | appropriated from the State Housing Trust Fund to the Florida |
109 | Housing Finance Corporation for the 2008-2009 fiscal year, and |
110 | for each fiscal year thereafter, to provide affordable housing |
111 | to veterans who qualify for loan assistance available through |
112 | the Florida Homeownership Assistance Program. |
113 | Section 4. This act shall take effect July 1, 2008. |