Florida Senate - 2013 SENATOR AMENDMENT Bill No. SB 1852 Barcode 290824 LEGISLATIVE ACTION Senate . House . . . Floor: 2/F/2R . 04/25/2013 11:41 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Soto moved the following: 1 Senate Substitute for Amendment (754392) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. (1) The nonrecurring sum of $58,080,474 is 7 appropriated from the Local Government Housing Trust Fund to the 8 Department of Economic Opportunity for the 2013-2014 fiscal year 9 for transfer to the Florida Housing Finance Corporation (FHFC) 10 to fund the State Housing Initiative Program (SHIP). The FHFC 11 shall allocate the funding to all eligible counties and cities. 12 Except as otherwise specified in this section, local governments 13 must use this funding according to the SHIP statute and rules 14 and within the parameters of their adopted local housing 15 assistance plan. 16 (2) All funding appropriated in this section must be used 17 for the following strategies that assist households and 18 communities that have been affected by foreclosures, using 19 existing housing stock: 20 (a) Approximately $28 million must be used in assisting 21 with purchases of existing housing, with or without 22 rehabilitation. 23 (b) Approximately $20 million must be used toward rental 24 deposit assistance for homeowners who have lost their home in 25 foreclosure. 26 (c) Approximately $10 million must be used toward providing 27 rental deposit assistance for seniors who have lost their home 28 due to foreclosure. 29 (3) Of the funding provided in this section, each local 30 government must use a minimum of 20 percent of its allocation to 31 serve persons with special needs as defined in s. 420.0004, 32 Florida Statutes. Before this portion of the allocation is 33 released by FHFC, a local government must submit an existing or 34 new local housing assistance plan strategy for this purpose to 35 the FHFC for approval to ensure that it meets these 36 specifications. The first priority of these special needs funds 37 must be to use them for persons with developmental, hearing, 38 visual, or mobility disabilities, with an emphasis on home 39 modifications, including technological enhancements and devices, 40 which will allow homeowners to remain independent in their own 41 homes and maintain their homeownership. 42 (4) Local governments may not use more than 3 percent of 43 their allocations under this section for administrative costs. 44 Section 2. The nonrecurring sum of $10 million is 45 appropriated from the State Housing Trust Fund to the Department 46 of Economic Opportunity for the 2013-2014 fiscal year for 47 transfer to the Florida Housing Finance Corporation to fund the 48 rehabilitation and preservation of public housing units provided 49 under chapter 421 and to specifically target the units of low 50 income and very-low-income persons affected by foreclosure for 51 upgrades and improvements. The funding must be administered as a 52 grant program. 53 Section 3. (1) The nonrecurring sum of $40 million is 54 appropriated from the State Housing Trust Fund to the Department 55 of Economic Opportunity for the 2013-2014 fiscal year for 56 transfer to the Florida Housing Finance Corporation (FHFC) to 57 fund the State Apartment Incentive Loan Program (SAIL). This 58 appropriation must be spent over the next 3 years for 59 administrative expenses associated with implementing this act, 60 as follows: $16.67 million in each of the first two years and 61 $16.66 million in the third year. 62 (2) Each SAIL development that receives funds under this 63 section must include up to 15 percent but not less than 5 64 percent of its units designed, constructed, and targeted for 65 individuals with developmental, hearing, visual, or mobility 66 disabilities. Each development shall be required to enter into 67 agreements with the local Center for Independent Living, Agency 68 for Persons with Disabilities, or other such agency approved by 69 FHFC, for the purpose of coordinating services and housing for 70 individuals with disabilities. 71 (3) Affordable housing units in each development which are 72 in addition to those required under subsection (2) shall provide 73 reduced-rent units to serve tenants who are elderly, as defined 74 in s. 420.0004, Florida Statutes, and tenants who are extremely 75 low-income persons (ELI), as defined in s. 420.0004, Florida 76 Statutes. To the extent possible, ELI units should be part of 77 FHFC’s existing Link Initiative in which developers set aside 78 units for special needs households, including households with 79 persons affected by foreclosure, persons with disabilities, 80 homeless families, youth aging out of foster care, frail elders, 81 and survivors of domestic violence who are receiving community 82 based supportive services and who are referred by a supportive 83 services agency in the community where the property is located. 84 Section 4. The nonrecurring sum of $9 million is 85 appropriated from the State Housing Trust Fund to the Department 86 of Economic Opportunity for the 2013-2014 fiscal year for 87 transfer to the Florida Housing Finance Corporation. This 88 appropriation must be spent in annual $3 million increments over 89 the next 3 years for administrative expenses associated with 90 implementing this act. 91 Section 5. The nonrecurring sum of $12 million is 92 appropriated from the State Housing Trust Fund to the Department 93 of Economic Opportunity for the 2013-2014 fiscal year for 94 transfer to the Florida Housing Finance Corporation for the 95 Florida Hardest-Hit Fund. This appropriation must be spent in 96 annual $4 million increments over the next 3 years for 97 administrative expenses associated with implementing this 98 section. 99 Section 6. The nonrecurring sum of $15 million is 100 appropriated from the State Housing Trust Fund to the Department 101 of Economic Opportunity for the 2013-2014 fiscal year for 102 transfer to the Florida Housing Finance Corporation (FHFC) to 103 fund a competitive grant program to provide housing for homeless 104 persons affected by the foreclosure crisis. The FHFC shall award 105 funds on a competitive basis to private nonprofit organizations 106 to purchase and renovate existing houses to be used by 107 extremely-low-income homeless persons who have been affected by 108 the foreclosure crisis. Funds may also be awarded to private 109 nonprofit organizations to construct small specialty housing of 110 10 units or fewer for homeless families affected by the 111 foreclosure crisis. This appropriation must be spent in annual 112 $5 million increments over the next 3 years for administrative 113 expenses associated with implementing this section. 114 Section 7. The nonrecurring sum of $18 million is 115 appropriated from the State Housing Trust Fund to the Department 116 of Economic Opportunity for the 2013-2014 fiscal year for 117 transfer to the Florida Housing Finance Corporation for 118 foreclosure counseling programs. This appropriation must be 119 spent in annual $6 million increments over the next 3 years. 120 Section 8. The nonrecurring sum of $36 million is 121 appropriated from the General Revenue Fund to the Department of 122 Legal Affairs, Office of the Attorney General, for the 2013-2014 123 fiscal year to contract with regional legal aid service 124 providers to provide legal aid services to low-income and 125 moderate-income homeowners facing foreclosure. Administrative 126 costs or fees may not be collected or used by the Office of the 127 Attorney General, any association, or any foundation for 128 providing such services with the funds appropriated in this 129 section. This appropriation must be spent in annual $12 million 130 increments over the next 3 years. 131 Section 9. The Legislature finds that there is a need for a 132 promotional campaign to increase consumer awareness of 133 affordable housing availability and housing assistance 134 opportunities as outlined in this act. To this end, the Office 135 of the Attorney General may establish, coordinate, and promote 136 such an advertising campaign, which may include public relations 137 activities and contracting with media representatives for the 138 purpose of dispersing promotional materials and providing 139 opportunities for consumer assistance. The nonrecurring sum of 140 $2 million is appropriated from the General Revenue Fund to the 141 Department of Legal Affairs, Office of the Attorney General, for 142 the 2013-2014 fiscal year for this purpose. 143 Section 10. The appropriations in this act are contingent 144 upon the deposit of $200,080,474 into the state treasury from 145 the escrow account created as a result of the consent judgment 146 entered into by the Florida Attorney General on April 4, 2012, 147 in the case of United States of America v. Bank of America 148 Corp., No. 305 12-0361-RMC, in the United States District Court 149 for the District of Columbia. Of the $200,080,474, the following 150 amounts shall be deposited into the specified funds in the state 151 treasury: $58,080,474 shall be deposited into the Local 152 Government Housing Trust Fund in the Department of Economic 153 Opportunity; $104 million shall be deposited into the State 154 Housing Trust Fund in the Department of Economic Opportunity; 155 and $38 million shall be deposited into the General Revenue 156 Fund. 157 Section 11. This act shall take effect upon becoming a law. 158 159 ================= T I T L E A M E N D M E N T ================ 160 And the title is amended as follows: 161 Delete everything before the enacting clause 162 and insert: 163 A bill to be entitled 164 An act relating to funding from the National Mortgage 165 Settlement; providing appropriations from the Local 166 Government Housing Trust Fund and the State Housing 167 Trust Fund to the Department of Economic Opportunity 168 for specified purposes; providing appropriations from 169 the General Revenue Fund to the Department of Legal 170 Affairs, Office of the Attorney General, for specified 171 purposes and providing legislative findings; providing 172 that the appropriations of this act are contingent 173 upon the deposit of a specified sum into the state 174 treasury as a result of a specified consent judgment; 175 providing an effective date.