Florida Senate - 2012 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 1996, 1st Eng.
Barcode 171672
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR .
03/09/2012 03:36 PM .
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The Conference Committee on SB 1996, 1st Eng. recommended the
following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 49 of chapter 2011-47, Laws of Florida,
7 is repealed.
8 Section 2. Section 51 of chapter 2011-47, Laws of Florida,
9 is repealed.
10 Section 3. The Auditor General and the Office of Program
11 Policy Analysis and Government Accountability shall conduct a
12 joint audit and review of the programs and operations of the
13 Florida Housing Finance Corporation, and shall jointly develop a
14 work plan for such audit and review to be submitted to the
15 President of the Senate and the Speaker of the House of
16 Representatives no later than July 1, 2012. The audit and review
17 shall encompass, at a minimum, a review of the corporation’s
18 assets, liabilities, income, and operating expenses; the
19 internal management, financial and operational controls
20 employed, and programmatic decisionmaking processes used; the
21 governance, direction, and oversight provided by the Florida
22 Housing Finance Corporation Board of Directors; and the
23 performance outcomes of the programs administered by the Florida
24 Housing Finance Corporation. The audit and review shall also
25 include formulation of recommendations to the Legislature for
26 changes to the structure, governance, and operational processes
27 of the Florida Housing Finance Corporation. Unless otherwise
28 directed in writing jointly by the President of the Senate and
29 the Speaker of the House of Representatives, a written report on
30 the audit and review shall be submitted to the President of the
31 Senate and the Speaker of the House of Representatives no later
32 than December 1, 2012. This section shall take effect upon this
33 act becoming a law.
34 Section 4. Subsection (48) is added to section 420.507,
35 Florida Statutes, to read:
36 420.507 Powers of the corporation.—The corporation shall
37 have all the powers necessary or convenient to carry out and
38 effectuate the purposes and provisions of this part, including
39 the following powers which are in addition to all other powers
40 granted by other provisions of this part:
41 (48) To use up to 10 percent of its annual allocation of
42 low-income housing tax credits, nontaxable revenue bonds, and
43 State Apartment Incentive Loan Program funds appropriated by the
44 Legislature and available to allocate by request for proposals
45 or other competitive solicitation funding for high-priority
46 affordable housing projects, such as housing to support economic
47 development and job-creation initiatives, housing for veterans
48 and their families, and other special needs populations in
49 communities throughout the state as determined by the
50 corporation on an annual basis.
51 Section 5. Subsections (9) and (10) are added to section
52 420.5087, Florida Statutes, to read:
53 420.5087 State Apartment Incentive Loan Program.—There is
54 hereby created the State Apartment Incentive Loan Program for
55 the purpose of providing first, second, or other subordinated
56 mortgage loans or loan guarantees to sponsors, including for
57 profit, nonprofit, and public entities, to provide housing
58 affordable to very-low-income persons.
59 (9) The corporation is authorized to accept payment of
60 deferred program interest at an interest rate that is consistent
61 with rates currently authorized under this section, if the
62 deferred interest is paid in not more than five equal annual
63 installments, subject to the qualifications contained in this
64 subsection.
65 (10) Funding under this subsection shall be to preserve
66 existing projects having financing guaranteed under the Florida
67 Affordable Housing Guarantee Program pursuant to s. 420.5092.
68 (a) A project shall be given priority for funding if:
69 1. It was approved by the corporation board in calendar
70 year 2011 to provide additional units for extremely-low-income
71 persons as defined in s. 420.0004;
72 2. The Guarantee Program mortgage note was executed and
73 recorded not later than September 30, 2003;
74 3. It commits to provide additional units for extremely
75 low-income persons; and
76 4. The shareholders, members, or partners of the project
77 owner have funded deficits in an amount that is not less than 20
78 percent of the State Apartment Incentive Loan not later than
79 closing of any financing made under this subsection.
80 (b) The maximum amount that may be funded under this
81 subsection is $2.5 million per project.
82 (c) This subsection expires June 30, 2013.
83 Section 6. Subsection (11) of section 445.009, Florida
84 Statutes, is amended to read:
85 445.009 One-stop delivery system.—
86 (11) A participant in an adult or youth work experience
87 activity administered under this chapter shall be deemed an
88 employee of the state for purposes of workers’ compensation
89 coverage. In determining the average weekly wage, all
90 remuneration received from the employer shall be considered a
91 gratuity, and the participant is shall not be entitled to any
92 benefits otherwise payable under s. 440.15, regardless of
93 whether the participant may be receiving wages and remuneration
94 from other employment with another employer and regardless of
95 his or her future wage-earning capacity. This subsection expires
96 July 1, 2012.
97 Section 7. The Legislature recognizes that there is a need
98 to conform the Florida Statutes to the policy decisions
99 reflected in this act. Therefore, the Department of Economic
100 Opportunity is directed to prepare draft legislation to conform
101 the Florida Statutes to the provisions of this act. The
102 department shall submit the draft legislation to the Governor,
103 the President of the Senate, and the Speaker of the House of
104 Representatives on or before October 1, 2012.
105 Section 8. If the governing body of an independent special
106 district that provides water, wastewater, and sanitation
107 services in a disproportionally affected county, as defined in
108 s. 288.106(8), Florida Statutes, determines that a new user or
109 the expansion of an existing user of one or more of its utility
110 systems will provide a significant benefit to the community in
111 terms of increased job opportunities, economies of scale, or
112 economic development in the area, the governing body may
113 authorize a reduction of its rates, fees, or charges for that
114 user for a specified period of time. A governing body that
115 exercises this power must do so by resolution that states the
116 anticipated economic benefit justifying the reduction as well as
117 the period of time that the reduction will remain in place.
118 Section 9. Except as otherwise expressly provided in this
119 act and except for this section, which shall take effect upon
120 this act becoming a law, this act shall take effect July 1,
121 2012.
122
123 ================= T I T L E A M E N D M E N T ================
124 And the title is amended as follows:
125 Delete everything before the enacting clause
126 and insert:
127 A bill to be entitled
128 An act relating to the Department of Economic
129 Opportunity; repealing s. 49 of chapter 2011-47, Laws
130 of Florida; abrogating the future expiration of an
131 amendment to s. 163.3247(3)(d), F.S., to nullify the
132 reversion of the text of that paragraph to that in
133 existence on June 30, 2010; repealing s. 51 of chapter
134 2011-47, Laws of Florida; abrogating the future
135 expiration of an amendment to s. 201.15(1)(c)2., F.S.,
136 to nullify the reversion of the text of that
137 subparagraph to that in existence on June 30, 2010;
138 requiring the Auditor General and the Office of
139 Program Policy Analysis and Government Accountability
140 to conduct a joint audit and review of the Florida
141 Housing Finance Corporation; amending s. 420.507,
142 F.S.; revising powers of the Florida Housing Finance
143 Corporation; amending s. 420.5087, F.S.; revising
144 provisions relating to the State Apartment Incentive
145 Loan Program; authorizing the corporation to accept
146 payment of deferred program interest under certain
147 circumstances; providing funding for projects that
148 meet certain criteria; providing for future
149 expiration; amending s. 445.009, F.S.; deleting the
150 future expiration of provisions authorizing workers’
151 compensation coverage for a participant in an adult or
152 youth work experience activity; directing the
153 Department of Economic Opportunity to prepare draft
154 legislation to conform the Florida Statutes to the
155 provisions of the act; requiring that the department
156 submit the draft legislation to the Governor and
157 Legislature by a specified date; authorizing a local
158 governmental entity that is an independent special
159 district providing certain utility services to reduce
160 its rates by resolution for a specified time for a
161 user that will provide a community benefit; providing
162 effective dates.