Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for SB 482

300242

CHAMBER ACTION

Senate

Floor: 3/AD/2R

4/29/2008 11:19 AM

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House



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Senator Garcia moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 971-1017

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and insert:

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     Section 10.  Section 420.9079, Florida Statutes, is amended

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to read:

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     420.9079  Local Government Housing Trust Fund.--

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     (1)  There is created in the State Treasury the Local

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Government Housing Trust Fund, which shall be administered by the

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corporation on behalf of the department according to the

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provisions of ss. 420.907-420.9076 420.907-420.9078 and this

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section. There shall be deposited into the fund a portion of the

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documentary stamp tax revenues as provided in s. 201.15, moneys

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received from any other source for the purposes of ss. 420.907-

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420.9076 420.907-420.9078 and this section, and all proceeds

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derived from the investment of such moneys. Moneys in the fund

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that are not currently needed for the purposes of the programs

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administered pursuant to ss. 420.907-420.9076 420.907-420.9078

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and this section shall be deposited to the credit of the fund and

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may be invested as provided by law. The interest received on any

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such investment shall be credited to the fund.

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     (2)  The corporation shall administer the fund exclusively

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for the purpose of implementing the programs described in ss.

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420.907-420.9076 420.907-420.9078 and this section. With the

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exception of monitoring the activities of counties and eligible

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municipalities to determine local compliance with program

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requirements, the corporation shall not receive appropriations

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from the fund for administrative or personnel costs. For the

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purpose of implementing the compliance monitoring provisions of

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s. 420.9075(9), the corporation may request a maximum of one-

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quarter of 1 percent of the annual appropriation per state fiscal

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year. When such funding is appropriated, the corporation shall

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deduct the amount appropriated prior to calculating the local

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housing distribution pursuant to ss. 420.9072 and 420.9073.

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     Section 11.  Subsection (6) of section 421.08, Florida

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Statutes, is amended to read:

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     421.08  Powers of authority.--An authority shall constitute

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a public body corporate and politic, exercising the public and

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essential governmental functions set forth in this chapter, and

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having all the powers necessary or convenient to carry out and

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effectuate the purpose and provisions of this chapter, including

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the following powers in addition to others herein granted:

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     (6)  Within its area of operation: to investigate into

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living, dwelling, and housing conditions and into the means and

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methods of improving such conditions; to determine where slum

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areas exist or where there is a shortage of decent, safe, and

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sanitary dwelling accommodations for persons of low income; to

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make studies and recommendations relating to the problem of

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clearing, replanning, and reconstruction of slum areas and the

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problem of providing dwelling accommodations for persons of low

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income; to administer fair housing ordinances and other

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ordinances as adopted by cities, counties, or other authorities

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who wish to contract for administrative services and to cooperate

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with the city, the county, the state or any political subdivision

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thereof in action taken in connection with such problems; and to

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engage in research, studies, and experimentation on the subject

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of housing. However, the housing authority may not take action to

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prohibit access to a housing project by a state or local elected

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official or a candidate for state or local government office.

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     Section 12.  Subsection (12) of section 1001.43, Florida

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Statutes, is amended to read:

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     1001.43  Supplemental powers and duties of district school

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board.--The district school board may exercise the following

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supplemental powers and duties as authorized by this code or

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State Board of Education rule.

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     (12)  AFFORDABLE HOUSING.--A district school board may use

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portions of school sites purchased within the guidelines of the

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State Requirements for Educational Facilities, land deemed not

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usable for educational purposes because of location or other

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factors, or land declared as surplus by the board to provide

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sites for affordable housing for teachers and other district

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personnel and, in areas of critical state concern, for other

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essential services personnel as defined by local affordable

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housing eligibility requirements, independently or in conjunction

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with other agencies as described in subsection (5).

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     Section 13.  Subsection (4) of section 159.807, Florida

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Statutes, is amended to read:

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     159.807  State allocation pool.--

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     (4)(a)  The state allocation pool shall also be used to

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provide written confirmations for private activity bonds that are

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to be issued by state agencies, which bonds, notwithstanding any

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other provisions of this part, shall receive priority in the use

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of the pool available at the time the notice of intent to issue

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such bonds is filed with the division.

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     (b) Notwithstanding the provisions of paragraph (a), on or

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before November 15 of each year, the Florida Housing Finance

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Corporation's access to the state allocation pool is limited to

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the amount of the corporation's initial allocation under s.

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159.804. Thereafter, the corporation may not receive more than 80

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percent of the amount in the state allocation pool on November 16

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of each year, and may not receive more than 80 percent of any

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additional amounts that become available each year. This

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subsection does not apply to the Florida Housing Finance

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Corporation:

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     1. Until its allocation pursuant to s. 159.804(3) has been

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exhausted, is unavailable, or is inadequate to provide an

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allocation pursuant to s. 159.804(3) and any carryforwards of

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volume limitation from prior years for the same carryforward

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purpose, as that term is defined in s. 146 of the Code, as the

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bonds it intends to issue have been completely utilized or have

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expired.

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     2. Prior to July 1 of any year, when housing bonds for

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which the Florida Housing Finance Corporation has made an

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assignment of its allocation permitted by s. 159.804(3)(c) have

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not been issued.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 57-59

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and insert:

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Government Housing Trust Fund; amending s. 420.9079, F.S.;

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conforming cross-references; amending s. 421.08, F.S.;

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limiting the authority of housing authorities in certain

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circumstances; amending s. 1001.43, F.S.; revising

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district school board powers and duties in relation to use

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of land for affordable housing in certain areas for

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certain personnel; amending s. 159.807, F.S.; revising an

4/28/2008  10:06:00 AM     CA.40.08810

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