Florida Senate - 2012 (PROPOSED COMMITTEE BILL) SPB 7102
FOR CONSIDERATION By the Committee on Budget
576-01536F-12 20127102__
1 A bill to be entitled
2 An act relating to the Department of Economic
3 Opportunity; repealing s. 49 of ch. 2011-47, Laws of
4 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 ch.
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 amending s. 420.0005, F.S.; providing for the deposit
13 of loan repayments, penalties, and other fees and
14 charges into the State Housing Trust Fund in the State
15 Treasury; providing that expenditures from the State
16 Housing Fund for administrative and personnel costs
17 are subject to appropriation by the Legislature;
18 requiring that the interest received on investments of
19 moneys in the State Housing Fund in excess of the
20 amounts appropriated for the current fiscal year be
21 credited to the State Housing Trust Fund; prohibiting
22 funds received by the Florida Housing Finance
23 Corporation from the United States Treasury or any
24 other source for the Hardest-Hit Fund program from
25 being deposited into the State Treasury; providing
26 that such funds are not subject to appropriation by
27 the Legislature; amending s. 420.504, F.S.; creating
28 the Florida Housing Finance Agency within the
29 Department of Economic Opportunity as a state agency
30 and instrumentality; revising provisions to conform to
31 changes made by the act; amending s. 420.507, F.S.;
32 revising the powers of the Florida Housing Finance
33 Corporation; providing for certain moneys to be
34 deposited into the State Housing Trust Fund or the
35 Federal Grants Trust Fund, as appropriate; requiring
36 that the corporation expend funds from the Federal
37 Grants Trust Fund as appropriated by the Legislature;
38 deleting provisions that exempt the corporation from
39 certain state budgetary requirements; deleting a
40 provision that authorizes the corporation to retain
41 unused operational expenditures; amending s. 420.508,
42 F.S.; providing for the deposit of certain moneys into
43 the State Housing Trust Fund or the Federal Grants
44 Trust Fund, as appropriate; requiring that
45 expenditures from the Florida Housing Finance
46 Corporation Fund be included in the corporation’s
47 budget request and be subject to appropriation by the
48 Legislature; amending s. 420.5087, F.S.; revising
49 provisions relating to the State Apartment Incentive
50 Loan Program; conforming a cross-reference; deleting
51 an obsolete provision; requiring that loan repayments
52 and certain proceeds be accounted for by the
53 corporation and be deposited into the State Housing
54 Trust Fund; deleting a provision that prohibits loan
55 repayments and certain proceeds from reverting to the
56 General Revenue Fund; requiring that expenditures from
57 the State Apartment Incentive Loan Fund be included in
58 the corporation’s budget request and be subject to
59 appropriation by the Legislature; authorizing the use
60 of certain funds for construction in fiscal years
61 subsequent to the fiscal years for which the funds
62 were appropriated, upon approval by the Legislative
63 Budget Commission; requiring that the corporation
64 account for certain funds and deposit them into the
65 State Housing Trust Fund; prohibiting the corporation
66 from transferring funds for its loan loss insurance
67 reserve except upon approval of a budget amendment by
68 the Legislative Budget Commission; amending s.
69 420.5088, F.S.; revising provisions relating to the
70 Florida Homeownership Assistance Program; deleting an
71 obsolete provision; requiring that the corporation
72 account for certain moneys deposited into the State
73 Housing Trust Fund; requiring that expenditures from
74 the Florida Homeownership Assistance Fund be included
75 in the corporation’s budget request and be subject to
76 appropriation by the Legislature; amending s.
77 420.5089, F.S.; revising provisions relating to the
78 HOME Investment Partnership Program; deleting an
79 obsolete provision; requiring that the corporation
80 account for certain moneys deposited into the State
81 Housing Trust Fund; authorizing the corporation to use
82 certain funds for construction in fiscal years
83 subsequent to the fiscal years for which the funds
84 were appropriated, upon the approval of a budget
85 amendment by the Legislative Budget Commission;
86 providing for certain funds to be deposited into the
87 State Housing Trust Fund; amending s. 420.5091, F.S.;
88 revising provisions relating to the HOPE Program;
89 providing for the deposit of certain funds into the
90 State Housing Trust Fund; amending s. 420.5092, F.S.;
91 revising provisions relating to the Florida Affordable
92 Housing Guarantee Program; authorizing the use of
93 certain funds to support the Florida Affordable
94 Housing Guarantee Program; prohibiting the corporation
95 from issuing new guarantees for the payment of any
96 affordable housing project, beginning July 1, 2012;
97 requiring that all guarantee fund earnings,
98 recoveries, and other funds received in conjunction
99 with the guarantee fund be deposited into the
100 guarantee fund; providing that such funds are not
101 subject to appropriation by the Legislature; amending
102 s. 420.525, F.S.; revising provisions relating to the
103 Housing Predevelopment Fund; deleting an obsolete
104 provision; requiring that expenditures from the
105 Housing Predevelopment Fund be included in the
106 corporation’s budget request and be subject to
107 appropriation by the Legislature; authorizing the use
108 certain funds for predevelopment activities in fiscal
109 years subsequent to the fiscal years for which the
110 funds were appropriated, upon approval of a budget
111 amendment by the Legislative Budget Commission;
112 requiring that the corporation account for certain
113 moneys to be deposited into the State Housing Trust
114 Fund; deleting a provision that prohibits certain
115 funds, loan repayments, proceeds from reverting to the
116 General Revenue Fund; amending ss. 420.526 and
117 420.529, F.S.; requiring that the corporation account
118 for certain moneys to be repaid to or deposited into
119 the State Housing Trust Fund; amending s. 420.9079,
120 F.S.; providing for the deposit of certain moneys into
121 the Local Government Housing Trust Fund; requiring
122 that the interest on invested funds be credited to the
123 Local Government Housing Trust Fund; amending s.
124 443.036, F.S.; revising the definition of the term
125 “initial skills review” to correct a reference to the
126 agency that approves online education or training
127 programs as the Department of Economic Opportunity
128 rather than the Agency for Workforce Innovation;
129 amending s. 445.009, F.S.; deleting the future
130 expiration of provisions authorizing worker’s
131 compensation coverage for a participant in an adult or
132 youth work experience activity; repealing s. 445.06,
133 F.S., relating to the Florida Ready to Work
134 Certification Program; amending s. 1003.4285, F.S.;
135 deleting a provision that requires a standard high
136 school diploma to include a designation reflecting a
137 Florida Ready to Work Credential, to conform to
138 changes made by the act; directing the Department of
139 Economic Opportunity to prepare draft legislation to
140 conform the Florida Statutes to the provisions of the
141 act; requiring that the department submit the draft
142 legislation to the Governor and the Legislature by a
143 specified date; requiring that the proceeds of certain
144 admissions and sales taxes which are collected by a
145 dealer selling items at the Kennedy Space Center or
146 the Cape Canaveral Air Force Station be distributed to
147 the Florida Institute of Technology and used for
148 specified purposes; providing effective dates.
149
150 Be It Enacted by the Legislature of the State of Florida:
151
152 Section 1. Section 49 of chapter 2011-47, Laws of Florida,
153 is repealed.
154 Section 2. Section 51 of chapter 2011-47, Laws of Florida,
155 is repealed.
156 Section 3. Section 420.0005, Florida Statutes, is amended
157 to read:
158 420.0005 State Housing Trust Fund; State Housing Fund.—
159 (1) There is hereby established in the State Treasury a
160 separate trust fund to be named the “State Housing Trust Fund.”
161 There shall be deposited in the fund all moneys appropriated by
162 the Legislature, or moneys received from any other source, for
163 the purpose of this chapter, including all loan repayments,
164 penalties, and other fees and charges accruing to the fund under
165 this chapter, and all proceeds derived from the use of such
166 moneys. The fund shall be administered by the Florida Housing
167 Finance Corporation on behalf of the department, as specified in
168 this chapter. Money deposited to the fund and appropriated by
169 the Legislature must, notwithstanding the provisions of chapter
170 216 or s. 420.504(3), be transferred quarterly in advance, to
171 the extent available, or, if not so available, as soon as
172 received into the State Housing Trust Fund, and subject to the
173 provisions of s. 420.5092(6)(a) and (b) by the Chief Financial
174 Officer to the corporation upon certification by the executive
175 director of the Department of Economic Opportunity that the
176 corporation is in compliance with the requirements of s.
177 420.0006. The certification made by the executive director
178 secretary shall also include the split of funds among programs
179 administered by the corporation and the department as specified
180 in chapter 92-317, Laws of Florida, as amended. Moneys advanced
181 by the Chief Financial Officer must be deposited by the
182 corporation into a separate fund established with a qualified
183 public depository meeting the requirements of chapter 280 to be
184 named the “State Housing Fund,” or into the appropriate fund
185 established with a qualified public depository meeting the
186 requirements of chapter 280 as specified in the General
187 Appropriations Act, and used for the purposes of this chapter.
188 Administrative and personnel costs incurred in implementing this
189 chapter may be paid from the State Housing Fund, as appropriated
190 by the Legislature but such costs may not exceed 5 percent of
191 the moneys deposited into such fund. To the State Housing Fund
192 shall be credited all loan repayments, penalties, and other fees
193 and charges accruing to such fund under this chapter. It is the
194 intent of this chapter that all loan repayments, penalties, and
195 other fees and charges collected be credited in full to the
196 program account from which the loan originated. Moneys in the
197 State Housing Fund, or other funds specified in the General
198 Appropriations Act, which are in excess of the amounts
199 appropriated for the current fiscal year and are not
200 contractually obligated which are not currently needed for the
201 purposes of this chapter shall be deposited with the State
202 Treasury to the credit of the State Housing Trust Fund and may
203 be invested in such manner as is provided for by statute. The
204 interest received on any such investment shall be credited to
205 the State Housing Trust Fund.
206 (2) Notwithstanding subsection (1), all funds received by
207 the Florida Housing Finance Corporation from the United States
208 Treasury or from any other source for the Hardest-Hit Fund
209 program, established pursuant to the Emergency Economic
210 Stabilization Act of 2008, may not be deposited into the State
211 Treasury and are not subject to appropriation by the
212 Legislature.
213 Section 4. Effective July 1, 2013, section 420.504, Florida
214 Statutes, is amended to read:
215 420.504 Agency Public corporation; creation, membership,
216 terms, expenses.—
217 (1) There is created within the Department of Economic
218 Opportunity a state agency and instrumentality that shall be
219 public corporation and a public body corporate and politic, to
220 be known as the “Florida Housing Finance Agency Corporation.” It
221 is declared to be the intent of and constitutional construction
222 by the Legislature that the Florida Housing Finance Corporation
223 constitutes an entrepreneurial public corporation organized to
224 provide and promote the public welfare by administering the
225 governmental function of financing or refinancing housing and
226 related facilities in Florida and that the corporation is not a
227 department of the executive branch of state government within
228 the scope and meaning of s. 6, Art. IV of the State
229 Constitution, but is functionally related to the Department of
230 Economic Opportunity in which it is placed. The executive
231 function of state government to be performed by the executive
232 director of the Department of Economic Opportunity in the
233 conduct of the business of the Florida Housing Finance
234 Corporation must be performed pursuant to a contract to monitor
235 and set performance standards for the implementation of the
236 business plan for the provision of housing approved for the
237 corporation as provided in s. 420.0006. This contract shall
238 include the performance standards for the provision of
239 affordable housing in Florida established in the business plan
240 described in s. 420.511.
241 (2) The corporation is constituted as a public
242 instrumentality, and the exercise by the corporation of the
243 power conferred by this act is considered to be the performance
244 of an essential public function. The corporation is an agency
245 for the purposes of s. 120.52 and is a state agency for purposes
246 of s. 159.807(4). The corporation is subject to chapter 119,
247 subject to exceptions applicable to the corporation, and to the
248 provisions of chapter 286; however, the corporation shall be
249 entitled to provide notice of internal review committee meetings
250 for competitive proposals or procurement to applicants by mail,
251 facsimile, or publication on an Internet website, rather than by
252 means of publication. The corporation is not governed by chapter
253 607 or chapter 617, but by the provisions of this part. If for
254 any reason the establishment of the corporation is deemed in
255 violation of law, such provision is severable and the remainder
256 of this act remains in full force and effect.
257 (2)(3) The corporation is a separate budget entity and is
258 not subject to control, supervision, or direction by the
259 Department of Economic Opportunity in any manner, including, but
260 not limited to, personnel, purchasing, transactions involving
261 real or personal property, and budgetary matters. The agency
262 corporation shall consist of a board of directors composed of
263 the executive director of the Department of Economic Opportunity
264 as an ex officio and voting member, or a senior-level agency
265 employee designated by the director, and eight members appointed
266 by the Governor subject to confirmation by the Senate from the
267 following:
268 (a) One citizen actively engaged in the residential home
269 building industry.
270 (b) One citizen actively engaged in the banking or mortgage
271 banking industry.
272 (c) One citizen who is a representative of those areas of
273 labor engaged in home building.
274 (d) One citizen with experience in housing development who
275 is an advocate for low-income persons.
276 (e) One citizen actively engaged in the commercial building
277 industry.
278 (f) One citizen who is a former local government elected
279 official.
280 (g) Two citizens of the state who are not principally
281 employed as members or representatives of any of the groups
282 specified in paragraphs (a)-(f).
283 (3)(4)(a) Members of the agency’s board corporation shall
284 be appointed for terms of 4 years, except that any vacancy shall
285 be filled for the unexpired term.
286 (b) Subject to removal or reinstatement of the member by
287 the Senate, the Governor may suspend a member for cause,
288 including, but not limited to, failure to attend at least 3
289 meetings of the board during any 12-month period.
290 (4)(5) The chair and a vice chair shall be elected annually
291 by the members thereof. Any additional officers, who need not be
292 members, as may be deemed necessary by the members of the agency
293 corporation may be designated and elected by the members
294 thereof.
295 (5)(6) A member of the agency’s board may not of directors
296 of the corporation shall receive no compensation for his or her
297 services but is shall be entitled to the necessary expenses,
298 including per diem and travel expenses, incurred in the
299 discharge of his or her duties, as provided by law.
300 (6)(7) Each member of the agency’s board of directors of
301 the corporation shall file full and public disclosure of
302 financial interests at the times and places and in the same
303 manner required of elected constitutional officers under s. 8,
304 Art. II of the State Constitution and any law implementing s. 8,
305 Art. II of the State Constitution.
306 (7)(8) The agency corporation is an agency a corporation
307 primarily acting as an instrumentality of the state, within the
308 meaning of s. 768.28.
309 Section 5. Present subsections (32) through (47) of section
310 420.507, Florida Statutes, are redesignated as subsections (31)
311 through (46), respectively, subsections (10), (28), and (30) of
312 that section are amended, and present subsections (31) and (33)
313 of that section are amended, to read:
314 420.507 Powers of the corporation.—The corporation shall
315 have all the powers necessary or convenient to carry out and
316 effectuate the purposes and provisions of this part, including
317 the following powers which are in addition to all other powers
318 granted by other provisions of this part:
319 (10) To contract for and to accept gifts, grants, loans, or
320 other aid from the United States Government or any person or
321 corporation which, except as otherwise expressly provided by
322 law, shall be deposited into the State Housing Trust Fund or the
323 Federal Grants Trust Fund, as appropriate, for expenditure as
324 appropriated by the Legislature.
325 (28) To expend amounts appropriated by the Legislature
326 advanced from the State Housing Trust Fund for the purposes of
327 this part.
328 (30) To prepare and submit to the executive director
329 secretary of the department a budget request for purposes of the
330 corporation, which request shall, notwithstanding the provisions
331 of chapter 216 and in accordance with s. 216.351, contain a
332 request for operational expenditures and separate requests for
333 other authorized corporation programs. The request shall not be
334 required to contain information on the number of employees,
335 salaries, or any classification thereof, and the approved
336 operating budget therefor need not comply with s. 216.181(8)
337 (10). The executive director secretary is authorized to include
338 within the department’s budget request the corporation’s budget
339 request in the form as authorized by this section.
340 (31) Notwithstanding the provisions of s. 216.301, to
341 retain any unused operational expenditure appropriation for
342 other lawful purposes of the corporation.
343 (32)(33) To receive federal funding in connection with the
344 corporation’s programs directly from the Federal Government,
345 which, except as otherwise expressly provided by law, shall be
346 deposited into the Federal Grants Trust Fund for expenditure as
347 appropriated by the Legislature, and to receive federal funds
348 for which a no corresponding program has not been created in
349 statute and establish selection criteria for such funds by
350 request for proposals or other competitive solicitation.
351 Section 6. Subsection (5) of section 420.508, Florida
352 Statutes, is amended to read:
353 420.508 Special powers; multifamily and single-family
354 projects.—The corporation shall have the special power to:
355 (5) Establish with a qualified depository meeting the
356 requirements of chapter 280, a separate fund to be known as the
357 “Florida Housing Finance Corporation Fund,” to be administered
358 by the corporation in accordance with the purposes of this
359 chapter. All fees collected by the corporation directly from the
360 Federal Government for administration of the United States
361 Department of Housing and Urban Development Section 8 housing
362 program, all annual administrative fees collected by trustees
363 for bond programs and remitted to the corporation, all expense
364 fees related to costs of bond issuance collected by trustees and
365 remitted to the corporation, and all tax credit program fees
366 must be deposited into the State Housing Trust Fund or the
367 Federal Grants Trust Fund, as appropriate, in the State Treasury
368 fund. The Florida Housing Finance Corporation Fund shall be used
369 utilized for the purposes of the corporation, including payment
370 of administrative expenses. Expenditures from the Florida
371 Housing Finance Corporation Fund shall not be required to be
372 included in the corporation’s budget request and are or be
373 subject to appropriation by the Legislature.
374 Section 7. Paragraph (c) of subsection (6) and subsections
375 (7) and (8) of section 420.5087, Florida Statutes, are amended
376 to read:
377 420.5087 State Apartment Incentive Loan Program.—There is
378 hereby created the State Apartment Incentive Loan Program for
379 the purpose of providing first, second, or other subordinated
380 mortgage loans or loan guarantees to sponsors, including for
381 profit, nonprofit, and public entities, to provide housing
382 affordable to very-low-income persons.
383 (6) On all state apartment incentive loans, except loans
384 made to housing communities for the elderly to provide for
385 lifesafety, building preservation, health, sanitation, or
386 security-related repairs or improvements, the following
387 provisions shall apply:
388 (c) The corporation shall provide by rule for the
389 establishment of a review committee composed of the department
390 and corporation staff and shall establish by rule a scoring
391 system for evaluation and competitive ranking of applications
392 submitted in this program, including, but not limited to, the
393 following criteria:
394 1. Tenant income and demographic targeting objectives of
395 the corporation.
396 2. Targeting objectives of the corporation which will
397 ensure an equitable distribution of loans between rural and
398 urban areas.
399 3. Sponsor’s agreement to reserve the units for persons or
400 families who have incomes below 50 percent of the state or local
401 median income, whichever is higher, for a time period to exceed
402 the minimum required by federal law or the provisions of this
403 part.
404 4. Sponsor’s agreement to reserve more than:
405 a. Twenty percent of the units in the project for persons
406 or families who have incomes that do not exceed 50 percent of
407 the state or local median income, whichever is higher; or
408 b. Forty percent of the units in the project for persons or
409 families who have incomes that do not exceed 60 percent of the
410 state or local median income, whichever is higher, without
411 requiring a greater amount of the loans as provided in this
412 section.
413 5. Provision for tenant counseling.
414 6. Sponsor’s agreement to accept rental assistance
415 certificates or vouchers as payment for rent.
416 7. Projects requiring the least amount of a state apartment
417 incentive loan compared to overall project cost except that the
418 share of the loan attributable to units serving extremely-low
419 income persons shall be excluded from this requirement.
420 8. Local government contributions and local government
421 comprehensive planning and activities that promote affordable
422 housing.
423 9. Project feasibility.
424 10. Economic viability of the project.
425 11. Commitment of first mortgage financing.
426 12. Sponsor’s prior experience.
427 13. Sponsor’s ability to proceed with construction.
428 14. Projects that directly implement or assist welfare-to
429 work transitioning.
430 15. Projects that reserve units for extremely-low-income
431 persons.
432 16. Projects that include green building principles, storm
433 resistant construction, or other elements that reduce long-term
434 costs relating to maintenance, utilities, or insurance.
435 17. Job-creation rate of the developer and general
436 contractor, as provided in s. 420.507(46) s. 420.507(47).
437 (7) There is authorized to be established by the
438 corporation with a qualified public depository meeting the
439 requirements of chapter 280 a separate fund to be named the
440 “State Apartment Incentive Loan Fund,” which shall be
441 administered by the corporation according to the provisions of
442 this program. Any amounts held in the State Apartment Incentive
443 Loan Trust Fund for such purpose as of January 1, 1998, must be
444 transferred to the corporation for deposit in the State
445 Apartment Incentive Loan Fund and the State Apartment Incentive
446 Loan Trust Fund must be closed. There shall be deposited into
447 the fund moneys from the State Housing Trust Fund as created by
448 s. 420.0005, or moneys received from any other source, for the
449 purpose of this program and all proceeds derived from the use of
450 such moneys. However In addition, all loan repayments, proceeds
451 from the sale of any property, and any other proceeds that would
452 otherwise accrue pursuant to the activities conducted under the
453 provisions of the State Apartment Incentive Loan Program shall
454 be accounted for by the corporation and deposited into in the
455 State Housing Trust Fund in the State Treasury fund and shall
456 not revert to the General Revenue Fund. Expenditures from the
457 State Apartment Incentive Loan Fund shall not be required to be
458 included in the corporation’s budget request and are or be
459 subject to appropriation by the Legislature. If the construction
460 period extends beyond a loan commitment for program funds is
461 entered into during the state fiscal year for which the program
462 funds are were appropriated, or the fiscal year in which the
463 loan commitment is entered, the funds may shall continue to be
464 used in a subsequent fiscal year upon the approval of a budget
465 amendment for such funds by the Legislative Budget Commission
466 made available for use during the entire construction period,
467 even if it extends beyond the state fiscal year in which the
468 loan commitment was entered.
469 (8) If a default on a loan occurs, the corporation may
470 foreclose on any mortgage or security interest or commence any
471 legal action to protect the interest of the corporation or the
472 fund and recover the amount of the unpaid principal, accrued
473 interest, and fees on behalf of the fund. The corporation may
474 acquire real and personal property or any interest therein when
475 that acquisition is necessary or appropriate to protect any
476 loan; to sell, transfer, and convey any such property to a buyer
477 without regard to the provisions of chapters 253 and 270; and,
478 if that sale, transfer, or conveyance cannot be effected within
479 a reasonable time, to lease such property for occupancy by
480 eligible persons. All sums recovered from the sale, transfer,
481 conveyance, or lease of such property shall be accounted for by
482 the corporation and deposited into the State Housing Trust
483 Apartment Incentive Loan Fund in the State Treasury. The
484 corporation may not transfer funds for its loan loss insurance
485 reserve except upon approval of a budget amendment for such
486 funds by the Legislative Budget Commission.
487 Section 8. Subsection (4) of section 420.5088, Florida
488 Statutes, is amended to read:
489 420.5088 Florida Homeownership Assistance Program.—There is
490 created the Florida Homeownership Assistance Program for the
491 purpose of assisting low-income and moderate-income persons in
492 purchasing a home as their primary residence by reducing the
493 cost of the home with below-market construction financing, by
494 reducing the amount of down payment and closing costs paid by
495 the borrower to a maximum of 5 percent of the purchase price, or
496 by reducing the monthly payment to an affordable amount for the
497 purchaser. Loans shall be made available at an interest rate
498 that does not exceed 3 percent. The balance of any loan is due
499 at closing if the property is sold, refinanced, rented, or
500 transferred, unless otherwise approved by the corporation.
501 (4) There is authorized to be established by the
502 corporation with a qualified public depository meeting the
503 requirements of chapter 280 the Florida Homeownership Assistance
504 Fund to be administered by the corporation according to the
505 provisions of this program. Any amounts held in the Florida
506 Homeownership Assistance Trust Fund for such purposes as of
507 January 1, 1998, must be transferred to the corporation for
508 deposit in the Florida Homeownership Assistance Fund, whereupon
509 the Florida Homeownership Assistance Trust Fund must be closed.
510 There shall be deposited in the fund moneys from the State
511 Housing Trust Fund created by s. 420.0005, or moneys received
512 from any other source, for the purpose of this program and all
513 proceeds derived from the use of such moneys. However In
514 addition, all unencumbered funds, loan repayments, proceeds from
515 the sale of any property, and any other proceeds that would
516 otherwise accrue pursuant to the activities of the programs
517 described in this section shall be accounted for by the
518 corporation and deposited into the State Housing Trust Fund in
519 the State Treasury transferred to this fund. In addition, all
520 loan repayments, proceeds from the sale of any property, and any
521 other proceeds that would otherwise accrue pursuant to the
522 activities conducted under the provisions of the Florida
523 Homeownership Assistance Program shall be accounted for by the
524 corporation and deposited into in the State Housing Trust Fund
525 in the State Treasury fund and shall not revert to the General
526 Revenue Fund. Expenditures from the Florida Homeownership
527 Assistance Fund shall not be required to be included in the
528 corporation’s budget request and are or be subject to
529 appropriation by the Legislature.
530 Section 9. Subsections (1) and (10) of section 420.5089,
531 Florida Statutes, are amended to read:
532 420.5089 HOME Investment Partnership Program; HOME
533 Investment Partnership Fund.—
534 (1) There is authorized to be established by the
535 corporation with a qualified public depository meeting the
536 requirements of chapter 280 the HOME Investment Partnership
537 Fund, which shall be administered by the corporation according
538 to the provisions of the HOME Investment Partnership Program
539 which is hereby created. Any amounts held in the HOME
540 Partnership Trust Fund for such purposes as of January 1, 1998,
541 must be transferred to the corporation for deposit in the HOME
542 Investment Partnership Fund, whereupon the HOME Partnership
543 Trust Fund must be closed. There shall be deposited into the
544 fund moneys appropriated from the State Housing Trust Fund.
545 However or moneys received from any other source for the purpose
546 of this program, and all proceeds derived from the use of such
547 moneys. In addition, all loan repayments, proceeds from the sale
548 of any property, and any other proceeds that would otherwise
549 accrue pursuant to the activities conducted under the provisions
550 of the HOME Investment Partnership Program shall be accounted
551 for by the corporation and deposited into the State Housing
552 Trust Fund in the State Treasury fund and shall not revert to
553 the General Revenue Fund. Expenditures from the HOME Investment
554 Partnership Fund shall not be required to be included in the
555 corporation’s budget request and are or be subject to
556 appropriation by the Legislature. If the construction period
557 extends beyond the state fiscal year in which the funds are
558 appropriated, the funds may be used in a subsequent fiscal year
559 upon the approval of a budget amendment for such funds by the
560 Legislative Budget Commission.
561 (10) All sums recovered from the sale, transfer,
562 conveyance, or lease of such property shall be deposited into
563 the State Housing Trust HOME Investment Partnership Fund for
564 expenditure as appropriated by the Legislature.
565 Section 10. Subsection (1) of section 420.5091, Florida
566 Statutes, is amended to read:
567 420.5091 HOPE Program.—
568 (1) The corporation may adopt rules to implement the HOPE
569 Program, created by the 1990 National Affordable Housing Act, to
570 make loans and grants, foreclose on any mortgage or security
571 interest, or commence any legal action to protect the interest
572 of the corporation and recover the amount of the unpaid
573 principal, accrued interest, and fees. The corporation may
574 acquire real and personal property or any interest in the
575 property if that acquisition is necessary to protect any loan;
576 sell, transfer, and convey any such property to a buyer without
577 regard to the provisions of chapters 253 and 270; and, if that
578 sale, transfer, or conveyance cannot be effected within a
579 reasonable time, lease such property for occupancy by eligible
580 persons. All sums recovered from the sale, transfer, conveyance,
581 or lease of such property shall be deposited into the State
582 Housing Trust HOME Investment Partnership Fund in the State
583 Treasury.
584 Section 11. Subsection (3) of section 420.5092, Florida
585 Statutes, is amended, and subsections (12) and (13) are added to
586 that section, to read:
587 420.5092 Florida Affordable Housing Guarantee Program.—
588 (3) Amounts on deposit in the State Housing Trust Fund or
589 amounts received by the Florida Housing Finance Corporation as
590 program funds from loan programs funded by state moneys may also
591 be used to support the Florida Affordable Housing Guarantee
592 Program. Such use, if any, is in addition to those purposes for
593 which the State Housing Trust Fund was created, and such moneys
594 shall be obligated and committed in accordance with the
595 corporation certification provided for in subsection (6).
596 (12) Beginning July 1, 2012, the corporation may not issue
597 new guarantees for the payment of any obligation made to finance
598 or refinance the purchase, construction, or rehabilitation of
599 any affordable housing project.
600 (13) Notwithstanding s. 420.0005 or any other law to the
601 contrary, all guarantee fund earnings, recoveries, and other
602 funds received in conjunction with the guarantee fund pursuant
603 to this section shall be deposited into the guarantee fund and
604 are not subject to appropriation by the Legislature.
605 Section 12. Section 420.525, Florida Statutes, is amended
606 to read:
607 420.525 Housing Predevelopment Fund.—
608 (1) There is authorized to be established by the
609 corporation with a qualified public depository meeting the
610 requirements of chapter 280 a separate fund to be named the
611 “Housing Predevelopment Fund” which shall be administered by the
612 corporation according to the provisions of ss. 420.521-420.529.
613 Any amounts held in the Housing Predevelopment Trust Fund for
614 such purposes as of January 1, 1998, must be transferred to the
615 corporation for deposit in the Housing Predevelopment Fund,
616 whereupon the Housing Predevelopment Trust Fund must be closed.
617 There shall be deposited into the fund moneys appropriated from
618 the State Housing Trust Fund as created by s. 420.0005 or moneys
619 received from any other source, for the purpose of this program
620 and all proceeds derived from the use of such moneys.
621 Administrative and personnel costs incurred in implementing the
622 provisions of ss. 420.521-420.529 may be paid from the fund.
623 Expenditures from the Housing Predevelopment Fund shall not be
624 required to be included in the corporation’s budget request and
625 are or be subject to appropriation by the Legislature. If the
626 predevelopment period extends beyond the state fiscal year in
627 which the funds are appropriated, the funds may be used in a
628 subsequent fiscal year upon the approval of a budget amendment
629 for such funds by the Legislative Budget Commission.
630 (2) All unencumbered funds, loan repayments, proceeds from
631 the sale of any property, existing funds remaining in the
632 following programs, and any other proceeds that would otherwise
633 accrue pursuant to the activities conducted under this program
634 and the provisions of the following programs shall be accounted
635 for by the corporation and deposited into in the State Housing
636 Trust Fund in the State Treasury fund and shall not revert to
637 the General Revenue Fund:
638 (a) The Rural Housing Land Acquisition and Site Development
639 Act;
640 (b) The Farmworker Housing Assistance Act; and
641 (c) The Community-Based Organization Loan Program created
642 by the Affordable Housing Planning and Community Assistance Act.
643 Section 13. Subsection (5) of section 420.526, Florida
644 Statutes, is amended to read:
645 420.526 Predevelopment Loan Program; loans and grants
646 authorized; activities eligible for support.—
647 (5) Any funds paid out of the Housing Predevelopment Fund
648 for activities under ss. 420.521-420.529 which are reimbursed to
649 the sponsor from another source shall be accounted for by the
650 corporation and repaid to the State Housing Trust Fund in the
651 State Treasury for expenditure as appropriated by the
652 Legislature fund.
653 Section 14. Section 420.529, Florida Statutes, is amended
654 to read:
655 420.529 Default by sponsor.—If a default on a loan occurs,
656 the corporation may foreclose on any mortgage or security
657 interest or commence any legal action to protect the interest of
658 the corporation or the fund and recover the amount of the unpaid
659 principal, accrued interest, and fees on behalf of the fund. The
660 corporation may also acquire real and personal property or any
661 interest in the property if such acquisition is necessary or
662 appropriate to protect any loan; to sell, transfer, and convey
663 any such property to a buyer without regard to the provisions of
664 chapters 253 and 270; and, if such sale, transfer, or conveyance
665 cannot be effected within a reasonable time, to lease such
666 property for occupancy by eligible persons. All sums recovered
667 from the sale, transfer, conveyance, or lease of such property
668 shall be accounted for by the corporation and deposited into the
669 State Housing Trust Predevelopment Fund in the State Treasury
670 for expenditure as appropriated by the Legislature.
671 Section 15. Subsection (1) of section 420.9079, Florida
672 Statutes, is amended to read:
673 420.9079 Local Government Housing Trust Fund.—
674 (1) There is created in the State Treasury the Local
675 Government Housing Trust Fund, which shall be administered by
676 the corporation on behalf of the department according to the
677 provisions of ss. 420.907-420.9076 and this section. There shall
678 be deposited into the fund all moneys appropriated by the
679 Legislature, a portion of the documentary stamp tax revenues as
680 provided in s. 201.15, moneys received from any other source for
681 the purposes of ss. 420.907-420.9076 and this section, and all
682 proceeds derived from the investment of such moneys. Moneys in
683 the fund that are not currently needed for the purposes of the
684 programs administered pursuant to ss. 420.907-420.9076 and this
685 section shall be deposited in the State Treasury to the credit
686 of the fund and may be invested as provided by law. The interest
687 received on any such investment shall be credited to the Local
688 Government Housing Trust Fund.
689 Section 16. Subsection (26) of section 443.036, Florida
690 Statutes, is amended to read:
691 443.036 Definitions.—As used in this chapter, the term:
692 (26) “Initial skills review” means an online education or
693 training program, such as that established under s. 1004.99,
694 that is approved by the Department of Economic Opportunity
695 Agency for Workforce Innovation and designed to measure an
696 individual’s mastery level of workplace skills.
697 Section 17. Subsection (11) of section 445.009, Florida
698 Statutes, is amended to read:
699 445.009 One-stop delivery system.—
700 (11) A participant in an adult or youth work experience
701 activity administered under this chapter shall be deemed an
702 employee of the state for purposes of workers’ compensation
703 coverage. In determining the average weekly wage, all
704 remuneration received from the employer shall be considered a
705 gratuity, and the participant is shall not be entitled to any
706 benefits otherwise payable under s. 440.15, regardless of
707 whether the participant may be receiving wages and remuneration
708 from other employment with another employer and regardless of
709 his or her future wage-earning capacity. This subsection expires
710 July 1, 2012.
711 Section 18. Section 445.06, Florida Statutes, is repealed.
712 Section 19. Subsection (4) of section 1003.4285, Florida
713 Statutes, is amended to read:
714 1003.4285 Standard high school diploma designations.—Each
715 standard high school diploma shall include, as applicable:
716 (4) A designation reflecting a Florida Ready to Work
717 Credential in accordance with s. 445.06.
718 Section 20. The Legislature recognizes that there is a need
719 to conform the Florida Statutes to the policy decisions
720 reflected in this act. Therefore, the Department of Economic
721 Opportunity is directed to prepare draft legislation to conform
722 the Florida Statutes to the provisions of this act. The
723 department shall submit the draft legislation to the Governor,
724 the President of the Senate, and the Speaker of the House of
725 Representatives on or before October 1, 2012.
726 Section 21. The proceeds of taxes imposed under ss. 212.04
727 and 212.05, Florida Statutes, which are collected and remitted
728 by a dealer that is contracted or subcontracted by the National
729 Aeronautics and Space Administration to sell items subject to
730 the tax under s. 212.04 or s. 212.05, Florida Statutes, at the
731 Kennedy Space Center or at the Cape Canaveral Air Force Station
732 and that conducts business at these facilities shall be
733 distributed to the Florida Institute of Technology for the
734 purpose of operating a space exploration research institute.
735 Section 22. Except as otherwise expressly provided in this
736 act, this act shall take effect July 1, 2012.