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