Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1852 Barcode 535062 LEGISLATIVE ACTION Senate . House Comm: WD . 04/17/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Smith) recommended 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. (1) The nonrecurring sum of $50 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 (FHFC) to 47 fund the State Apartment Incentive Loan Program (SAIL). This 48 appropriation must be spent over the next 3 years for 49 administrative expenses associated with implementing this act, 50 as follows: $16.67 million in each of the first two years and 51 $16.66 million in the third year. 52 (2) Each SAIL development that receives funds under this 53 section must include up to 15 percent but not less than 5 54 percent of its units designed, constructed, and targeted for 55 individuals with developmental, hearing, visual, or mobility 56 disabilities. Each development shall be required to enter into 57 agreements with the local Center for Independent Living, Agency 58 for Persons with Disabilities, or other such agency approved by 59 FHFC, for the purpose of coordinating services and housing for 60 individuals with disabilities. 61 (3) Affordable housing units in each development which are 62 in addition to those required under subsection (2) shall provide 63 reduced-rent units to serve tenants who are elderly, as defined 64 in s. 420.0004, Florida Statutes, and tenants who are extremely 65 low-income persons (ELI), as defined in s. 420.0004, Florida 66 Statutes. To the extent possible, ELI units should be part of 67 FHFC’s existing Link Initiative in which developers set aside 68 units for special needs households, including households with 69 persons affected by foreclosure, persons with disabilities, 70 homeless families, youth aging out of foster care, frail elders, 71 and survivors of domestic violence who are receiving community 72 based supportive services and who are referred by a supportive 73 services agency in the community where the property is located. 74 Section 3. The nonrecurring sum of $9 million is 75 appropriated from the State Housing Trust Fund to the Department 76 of Economic Opportunity for the 2013-2014 fiscal year for 77 transfer to the Florida Housing Finance Corporation. This 78 appropriation must be spent in annual $3 million increments over 79 the next 3 years for administrative expenses associated with 80 implementing this act. 81 Section 4. The nonrecurring sum of $12 million is 82 appropriated from the State Housing Trust Fund to the Department 83 of Economic Opportunity for the 2013-2014 fiscal year for 84 transfer to the Florida Housing Finance Corporation for the 85 Florida Hardest-Hit Fund. This appropriation must be spent in 86 annual $4 million increments over the next 3 years for 87 administrative expenses associated with implementing this 88 section. 89 Section 5. The nonrecurring sum of $15 million is 90 appropriated from the State Housing Trust Fund to the Department 91 of Economic Opportunity for the 2013-2014 fiscal year for 92 transfer to the Florida Housing Finance Corporation (FHFC) to 93 fund a competitive grant program to provide housing for homeless 94 persons affected by the foreclosure crisis. The FHFC shall award 95 funds on a competitive basis to private nonprofit organizations 96 to purchase and renovate existing houses to be used by 97 extremely-low-income homeless persons who have been affected by 98 the foreclosure crisis. Funds may also be awarded to private 99 nonprofit organizations to construct small specialty housing of 100 10 units or fewer for homeless families affected by the 101 foreclosure crisis. This appropriation must be spent in annual 102 $5 million increments over the next 3 years for administrative 103 expenses associated with implementing this section. 104 Section 6. The nonrecurring sum of $18 million is 105 appropriated from the State Housing Trust Fund to the Department 106 of Economic Opportunity for the 2013-2014 fiscal year for 107 transfer to the Florida Housing Finance Corporation for 108 foreclosure counseling programs. This appropriation must be 109 spent in annual $6 million increments over the next 3 years. 110 Section 7. The nonrecurring sum of $36 million is 111 appropriated from the General Revenue Fund to the Department of 112 Legal Affairs, Office of the Attorney General, for the 2013-2014 113 fiscal year to contract with regional legal aid service 114 providers to provide legal aid services to low-income and 115 moderate-income homeowners facing foreclosure. Administrative 116 costs or fees may not be collected or used by the Office of the 117 Attorney General, any association, or any foundation for 118 providing such services with the funds appropriated in this 119 section. This appropriation must be spent in annual $12 million 120 increments over the next 3 years. 121 Section 8. The Legislature finds that there is a need for a 122 promotional campaign to increase consumer awareness of 123 affordable housing availability and housing assistance 124 opportunities as outlined in this act. To this end, the Office 125 of the Attorney General may establish, coordinate, and promote 126 such an advertising campaign, which may include public relations 127 activities and contracting with media representatives for the 128 purpose of dispersing promotional materials and providing 129 opportunities for consumer assistance. The nonrecurring sum of 130 $2 million is appropriated from the General Revenue Fund to the 131 Department of Legal Affairs, Office of the Attorney General, for 132 the 2013-2014 fiscal year for this purpose. 133 Section 9. The appropriations in this act are contingent 134 upon the deposit of $200,080,474 into the state treasury from 135 the escrow account created as a result of the consent judgment 136 entered into by the Florida Attorney General on April 4, 2012, 137 in the case of United States of America v. Bank of America 138 Corp., No. 305 12-0361-RMC, in the United States District Court 139 for the District of Columbia. Of the $200,080,474, the following 140 amounts shall be deposited into the specified funds in the state 141 treasury: $58,580,474 shall be deposited into the Local 142 Government Housing Trust Fund in the Department of Economic 143 Opportunity; $104 million shall be deposited into the State 144 Housing Trust Fund in the Department of Economic Opportunity; 145 and $38 million shall be deposited into the General Revenue 146 Fund. 147 Section 10. This act shall take effect upon becoming a law. 148 149 ================= T I T L E A M E N D M E N T ================ 150 And the title is amended as follows: 151 Delete everything before the enacting clause 152 and insert: 153 A bill to be entitled 154 An act relating to funding from the National Mortgage 155 Settlement; providing appropriations from the Local 156 Government Housing Trust Fund and the State Housing 157 Trust Fund to the Department of Economic Opportunity 158 for specified purposes; providing appropriations from 159 the General Revenue Fund to the Department of Legal 160 Affairs, Office of the Attorney General, for specified 161 purposes and providing legislative findings; providing 162 that the appropriations of this act are contingent 163 upon the deposit of a specified sum into the state 164 treasury as a result of a specified consent judgment; 165 providing an effective date.