1 | A bill to be entitled |
2 | An act relating to affordable housing; amending s. |
3 | 420.5087, F.S.; specifying a percentage of moneys in the |
4 | State Apartment Incentive Loan Fund to be awarded as |
5 | subordinate loan financing for the new construction of |
6 | affordable rental housing developments; providing |
7 | eligibility requirements; providing duties of the Florida |
8 | Housing Development Corporation; prohibiting certain |
9 | persons from serving as financial beneficiaries for any |
10 | applicant or developer of any program funded in part with |
11 | moneys from the State Housing Trust Fund; providing an |
12 | effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Subsections (9) and (10) are added to section |
17 | 420.5087, Florida Statutes, to read: |
18 | 420.5087 State Apartment Incentive Loan Program.-There is |
19 | hereby created the State Apartment Incentive Loan Program for |
20 | the purpose of providing first, second, or other subordinated |
21 | mortgage loans or loan guarantees to sponsors, including for- |
22 | profit, nonprofit, and public entities, to provide housing |
23 | affordable to very-low-income persons. |
24 | (9) At least 70 percent of the moneys in the State |
25 | Apartment Incentive Loan Fund in each calendar year shall be |
26 | awarded as subordinate loan financing for the new construction |
27 | of affordable rental housing developments, for which the primary |
28 | source of financing is an allocation of tax-exempt private |
29 | activity bonds issued by the corporation or by a local or |
30 | regional housing finance authority pursuant to part VI of |
31 | chapter 159. Development projects located outside of a 2.5-mile |
32 | radius of a Florida Affordable Housing Guarantee Fund |
33 | development, which has a short-term subordinate mortgage issued |
34 | by the corporation, are eligible to receive subordinate loan |
35 | financing through the corporation. Such subordinate loan |
36 | financing shall be awarded as provided in subsection (6). Before |
37 | the receipt of competitive applications for the award of such |
38 | subordinate loan financing, the corporation shall generate and |
39 | distribute an estimate of the total amount of State Apartment |
40 | Incentive Loan Fund moneys available in the calendar year such |
41 | subordinate loan financing will be awarded. The moneys available |
42 | to be awarded under this subsection shall include program |
43 | income, including principal and interest. A rank-ordered list of |
44 | applications selected for receipt of subordinate loan financing |
45 | shall be presented to the corporation's board of directors. |
46 | (10) A financial beneficiary, which is any principal of |
47 | the developer or general partner of an applicant, of any |
48 | development financed in part by the guarantee fund authorized |
49 | under s. 420.5092 which has been foreclosed or is in foreclosure |
50 | or the developer or general partner of the applicant for which |
51 | has defaulted on or after July 1, 2011, on any guarantee fund |
52 | subordinate mortgage or a short-term subordinate mortgage issued |
53 | in accordance with the programs authorized by the corporation, |
54 | may not be a financial beneficiary for any applicant or |
55 | developer of any program funded in part with funds from the |
56 | State Housing Trust Fund for 3 years after the date of the |
57 | foreclosure or default, and must thereafter be approved to |
58 | participate as a financial beneficiary by the corporation's |
59 | board of directors. |
60 | Section 2. This act shall take effect July 1, 2011. |