Florida Senate - 2013 SENATOR AMENDMENT Bill No. SB 1852 Barcode 224500 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/25/2013 11:22 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Soto moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. (1) The nonrecurring sum of $58,580,474 is 6 appropriated from the Local Government Housing Trust Fund to the 7 Department of Economic Opportunity for the 2013-2014 fiscal year 8 for transfer to the Florida Housing Finance Corporation (FHFC) 9 to fund the State Housing Initiative Program (SHIP). The FHFC 10 shall allocate the funding to all eligible counties and cities. 11 Except as otherwise specified in this section, local governments 12 must use this funding according to the SHIP statute and rules 13 and within the parameters of their adopted local housing 14 assistance plan. 15 (2) All funding appropriated in this section must be used 16 for the following strategies that assist households and 17 communities that have been affected by foreclosures, using 18 existing housing stock: 19 (a) Approximately $28 million must be used in assisting 20 with purchases of existing housing, with or without 21 rehabilitation. 22 (b) Approximately $20 million must be used toward rental 23 deposit assistance for homeowners who have lost their home in 24 foreclosure. 25 (c) Approximately $10 million must be used toward providing 26 rental deposit assistance for seniors who have lost their home 27 due to foreclosure. 28 (3) Of the funding provided in this section, each local 29 government must use a minimum of 20 percent of its allocation to 30 serve persons with special needs as defined in s. 420.0004, 31 Florida Statutes. Before this portion of the allocation is 32 released by FHFC, a local government must submit an existing or 33 new local housing assistance plan strategy for this purpose to 34 the FHFC for approval to ensure that it meets these 35 specifications. The first priority of these special needs funds 36 must be to use them for persons with developmental, hearing, 37 visual, or mobility disabilities, with an emphasis on home 38 modifications, including technological enhancements and devices, 39 which will allow homeowners to remain independent in their own 40 homes and maintain their homeownership. 41 (4) Local governments may not use more than 3 percent of 42 their allocations under this section for administrative costs. 43 Section 2. The nonrecurring sum of $10 million is 44 appropriated from the State Housing Trust Fund to the Department 45 of Economic Opportunity for the 2013-2014 fiscal year for 46 transfer to the Florida Housing Finance Corporation to fund the 47 rehabilitation and preservation of public housing units provided 48 under chapter 421 and to specifically target the units of low 49 income and very-low-income persons affected by foreclosure for 50 upgrades and improvements. The funding must be administered as a 51 grant program. 52 Section 3. (1) The nonrecurring sum of $40 million is 53 appropriated from the State Housing Trust Fund to the Department 54 of Economic Opportunity for the 2013-2014 fiscal year for 55 transfer to the Florida Housing Finance Corporation (FHFC) to 56 fund the State Apartment Incentive Loan Program (SAIL). This 57 appropriation must be spent over the next 3 years for 58 administrative expenses associated with implementing this act, 59 as follows: $16.67 million in each of the first two years and 60 $16.66 million in the third year. 61 (2) Each SAIL development that receives funds under this 62 section must include up to 15 percent but not less than 5 63 percent of its units designed, constructed, and targeted for 64 individuals with developmental, hearing, visual, or mobility 65 disabilities. Each development shall be required to enter into 66 agreements with the local Center for Independent Living, Agency 67 for Persons with Disabilities, or other such agency approved by 68 FHFC, for the purpose of coordinating services and housing for 69 individuals with disabilities. 70 (3) Affordable housing units in each development which are 71 in addition to those required under subsection (2) shall provide 72 reduced-rent units to serve tenants who are elderly, as defined 73 in s. 420.0004, Florida Statutes, and tenants who are extremely 74 low-income persons (ELI), as defined in s. 420.0004, Florida 75 Statutes. To the extent possible, ELI units should be part of 76 FHFC’s existing Link Initiative in which developers set aside 77 units for special needs households, including households with 78 persons affected by foreclosure, persons with disabilities, 79 homeless families, youth aging out of foster care, frail elders, 80 and survivors of domestic violence who are receiving community 81 based supportive services and who are referred by a supportive 82 services agency in the community where the property is located. 83 Section 4. The nonrecurring sum of $9 million is 84 appropriated from the State Housing Trust Fund to the Department 85 of Economic Opportunity for the 2013-2014 fiscal year for 86 transfer to the Florida Housing Finance Corporation. This 87 appropriation must be spent in annual $3 million increments over 88 the next 3 years for administrative expenses associated with 89 implementing this act. 90 Section 5. The nonrecurring sum of $12 million is 91 appropriated from the State Housing Trust Fund to the Department 92 of Economic Opportunity for the 2013-2014 fiscal year for 93 transfer to the Florida Housing Finance Corporation for the 94 Florida Hardest-Hit Fund. This appropriation must be spent in 95 annual $4 million increments over the next 3 years for 96 administrative expenses associated with implementing this 97 section. 98 Section 6. The nonrecurring sum of $15 million is 99 appropriated from the State Housing Trust Fund to the Department 100 of Economic Opportunity for the 2013-2014 fiscal year for 101 transfer to the Florida Housing Finance Corporation (FHFC) to 102 fund a competitive grant program to provide housing for homeless 103 persons affected by the foreclosure crisis. The FHFC shall award 104 funds on a competitive basis to private nonprofit organizations 105 to purchase and renovate existing houses to be used by 106 extremely-low-income homeless persons who have been affected by 107 the foreclosure crisis. Funds may also be awarded to private 108 nonprofit organizations to construct small specialty housing of 109 10 units or fewer for homeless families affected by the 110 foreclosure crisis. This appropriation must be spent in annual 111 $5 million increments over the next 3 years for administrative 112 expenses associated with implementing this section. 113 Section 7. The nonrecurring sum of $18 million is 114 appropriated from the State Housing Trust Fund to the Department 115 of Economic Opportunity for the 2013-2014 fiscal year for 116 transfer to the Florida Housing Finance Corporation for 117 foreclosure counseling programs. This appropriation must be 118 spent in annual $6 million increments over the next 3 years. 119 Section 8. The nonrecurring sum of $36 million is 120 appropriated from the General Revenue Fund to the Department of 121 Legal Affairs, Office of the Attorney General, for the 2013-2014 122 fiscal year to contract with regional legal aid service 123 providers to provide legal aid services to low-income and 124 moderate-income homeowners facing foreclosure. Administrative 125 costs or fees may not be collected or used by the Office of the 126 Attorney General, any association, or any foundation for 127 providing such services with the funds appropriated in this 128 section. This appropriation must be spent in annual $12 million 129 increments over the next 3 years. 130 Section 9. The Legislature finds that there is a need for a 131 promotional campaign to increase consumer awareness of 132 affordable housing availability and housing assistance 133 opportunities as outlined in this act. To this end, the Office 134 of the Attorney General may establish, coordinate, and promote 135 such an advertising campaign, which may include public relations 136 activities and contracting with media representatives for the 137 purpose of dispersing promotional materials and providing 138 opportunities for consumer assistance. The nonrecurring sum of 139 $2 million is appropriated from the General Revenue Fund to the 140 Department of Legal Affairs, Office of the Attorney General, for 141 the 2013-2014 fiscal year for this purpose. 142 Section 10. The appropriations in this act are contingent 143 upon the deposit of $200,080,474 into the state treasury from 144 the escrow account created as a result of the consent judgment 145 entered into by the Florida Attorney General on April 4, 2012, 146 in the case of United States of America v. Bank of America 147 Corp., No. 305 12-0361-RMC, in the United States District Court 148 for the District of Columbia. Of the $200,080,474, the following 149 amounts shall be deposited into the specified funds in the state 150 treasury: $58,580,474 shall be deposited into the Local 151 Government Housing Trust Fund in the Department of Economic 152 Opportunity; $104 million shall be deposited into the State 153 Housing Trust Fund in the Department of Economic Opportunity; 154 and $38 million shall be deposited into the General Revenue 155 Fund. 156 Section 11. This act shall take effect upon becoming a law. 157 158 ================= T I T L E A M E N D M E N T ================ 159 And the title is amended as follows: 160 Delete everything before the enacting clause 161 and insert: 162 A bill to be entitled 163 An act relating to funding from the National Mortgage 164 Settlement; providing appropriations from the Local 165 Government Housing Trust Fund and the State Housing 166 Trust Fund to the Department of Economic Opportunity 167 for specified purposes; providing appropriations from 168 the General Revenue Fund to the Department of Legal 169 Affairs, Office of the Attorney General, for specified 170 purposes and providing legislative findings; providing 171 that the appropriations of this act are contingent 172 upon the deposit of a specified sum into the state 173 treasury as a result of a specified consent judgment; 174 providing an effective date.