Florida Senate - 2013                                    SB 1852
       
       
       
       By the Committee on Appropriations
       
       
       
       
       576-03532-13                                          20131852__
    1                        A bill to be entitled                      
    2         An act relating to funding from the National Mortgage
    3         Settlement; providing an appropriation from the Local
    4         Government Housing Trust Fund and the State Housing
    5         Trust Fund to the Department of Economic Opportunity
    6         for specified purposes; providing appropriations from
    7         the General Revenue Fund to the State Court System for
    8         specified purposes; providing appropriations from the
    9         General Revenue Fund to the Department of Legal
   10         Affairs, Office of the Attorney General, for specified
   11         purposes and providing legislative findings; providing
   12         that the appropriations of this act are contingent
   13         upon the deposit of a specified sum into the state
   14         treasury as a result of a specified consent judgment;
   15         providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. (1) The nonrecurring sum of $70 million is
   20  appropriated from the Local Government Housing Trust Fund to the
   21  Department of Economic Opportunity for the 2013-2014 fiscal year
   22  for transfer to the Florida Housing Finance Corporation (FHFC)
   23  to fund the State Housing Initiative Program (SHIP). The FHFC
   24  shall allocate the funding to all eligible counties and cities.
   25  Except as otherwise specified in this section, local governments
   26  must use this funding according to the SHIP statute and rules
   27  and within the parameters of their adopted local housing
   28  assistance plan.
   29         (2) All funding appropriated in this section must be
   30  targeted for one or more of the following strategies:
   31         (a) Rehabilitating or modifying owner-occupied houses,
   32  including blighted homes or neighborhoods.
   33         (b) Assisting with purchases of existing housing, with or
   34  without rehabilitation.
   35         (c) Providing housing counseling services.
   36         (d) Providing lease-purchase assistance.
   37         (e) Implementing strategies approved by FHFC which are
   38  related to assisting households and communities impacted by
   39  foreclosures, using existing housing stock.
   40         (3) Of the funding provided in this section, each local
   41  government must use a minimum of 20 percent of its allocation to
   42  serve persons with special needs as defined in s. 420.0004,
   43  Florida Statutes. Before this portion of the allocation is
   44  released by FHFC, a local government must submit an existing or
   45  new local housing assistance plan strategy for this purpose to
   46  the FHFC for approval to ensure that it meets these
   47  specifications. The first priority of these special needs funds
   48  must be to use them for persons with developmental, hearing,
   49  visual, or mobility disabilities, with an emphasis on home
   50  modifications, including technological enhancements and devices,
   51  which will allow homeowners to remain independent in their own
   52  homes and maintain their homeownership.
   53         (4) Local governments may not use more than 3 percent of
   54  their allocations under this section for administrative costs.
   55         Section 2. (1) The nonrecurring sum of $65 million is
   56  appropriated from the State Housing Trust Fund to the Department
   57  of Economic Opportunity for the 2013-2014 fiscal year for
   58  transfer to the Florida Housing Finance Corporation (FHFC) to
   59  fund the State Apartment Incentive Loan Program (SAIL).
   60         (2) Each SAIL development that receives funds under this
   61  section must include up to 15 percent but not less than 5
   62  percent of its units designed, constructed, and targeted for
   63  individuals with developmental, hearing, visual, or mobility
   64  disabilities. Each development shall be required to enter into
   65  agreements with the local Center for Independent Living, Agency
   66  for Persons with Disabilities, or other such agency approved by
   67  FHFC, for the purpose of coordinating services and housing for
   68  individuals with disabilities.
   69         (3) Affordable housing units in each development which are
   70  in addition to those required under subsection (2) shall provide
   71  reduced-rent units to serve tenants who are elderly, as defined
   72  in s. 420.0004, Florida Statutes, and tenants who are extremely
   73  low-income persons (ELI), as defined in s. 420.0004, Florida
   74  Statutes. To the extent possible, ELI units should be part of
   75  FHFC’s existing Link Initiative in which developers set aside
   76  units for special needs households, including households with
   77  persons with disabilities, homeless families, youth aging out of
   78  foster care, frail elders, and survivors of domestic violence
   79  who are receiving community-based supportive services and who
   80  are referred by a supportive services agency in the community
   81  where the property is located.
   82         Section 3. The nonrecurring sum of $3 million is
   83  appropriated from the State Housing Trust Fund to the Department
   84  of Economic Opportunity for the 2013-2014 fiscal year for
   85  transfer to the Florida Housing Finance Corporation for
   86  administrative expenses associated with implementing the
   87  provisions of this act.
   88         Section 4. The nonrecurring sum of $10 million is
   89  appropriated from the State Housing Trust Fund to the Department
   90  of Economic Opportunity for the 2013-2014 fiscal year for
   91  transfer to the Florida Housing Finance Corporation (FHFC) to
   92  fund a competitive grant program to provide housing for homeless
   93  persons. The FHFC shall award funds on a competitive basis to
   94  private nonprofit organizations to purchase and renovate
   95  existing houses to be used by extremely-low-income homeless
   96  individuals. Funds may also be awarded to private nonprofit
   97  organizations to construct small specialty housing of 10 units
   98  or fewer for homeless families.
   99         Section 5. The nonrecurring sum of $5,262,579 is
  100  appropriated from the General Revenue Fund to the State Court
  101  System for the 2013-2014 fiscal year to provide technology
  102  solutions that expedite foreclosure cases through the judicial
  103  process. Such technology solutions must enable judges and staff
  104  to effectively use electronic documents when disposing of
  105  foreclosure cases, produce orders electronically, provide for
  106  electronic calendaring, serve orders electronically, and
  107  generate case management reports. All technology enhancements to
  108  expedite the mortgage foreclosure cases must be completed in
  109  accordance with standards set by the Florida Court Technology
  110  Commission regarding functionality as outlined in the Case
  111  Processing Application Standards.
  112         Section 6. The nonrecurring sum of $9,908,948 is
  113  appropriated from the General Revenue Fund to the State Court
  114  System for the 2013-2014 fiscal year to provide supplemental
  115  resources, including, but not limited to, additional senior
  116  judge days and temporary case management staff in the trial
  117  courts to reduce the backlog of pending foreclosure cases. The
  118  nonrecurring sum of $9,908,947 is appropriated from the General
  119  Revenue Fund to the State Court System for the 2014-2015 fiscal
  120  year for the same purpose.
  121         Section 7. The nonrecurring sum of $7.5 million is
  122  appropriated from the General Revenue Fund to the State Court
  123  System for the clerks of the court for the 2013-2014 fiscal year
  124  to enhance levels of service to assist and support the courts in
  125  expediting the processing of backlogged foreclosure cases. The
  126  nonrecurring sum of $7.5 million is appropriated from the
  127  General Revenue Fund to the State Court System for the clerks of
  128  the court for the 2014-2015 fiscal year for the same purpose.
  129         Section 8. The nonrecurring sum of $10 million is
  130  appropriated from the General Revenue Fund to the Department of
  131  Legal Affairs, Office of the Attorney General, for the 2013-2014
  132  fiscal year to contract with regional legal aid service
  133  providers to provide legal aid services to low-income and
  134  moderate-income homeowners facing foreclosure. Administrative
  135  costs or fees may not be collected or used by the Office of the
  136  Attorney General, any association, or any foundation for
  137  providing such services with the funds appropriated in this
  138  section.
  139         Section 9. The Legislature finds that there is a need for a
  140  promotional campaign to increase consumer awareness of
  141  affordable housing availability and housing assistance
  142  opportunities as outlined in this act. To this end, the Office
  143  of the Attorney General may establish, coordinate, and promote
  144  such an advertising campaign, which may include public relations
  145  activities and contracting with media representatives for the
  146  purpose of dispersing promotional materials and providing
  147  opportunities for consumer assistance. The nonrecurring sum of
  148  $2 million is appropriated from the General Revenue Fund to the
  149  Department of Legal Affairs, Office of the Attorney General, for
  150  the 2013-2014 fiscal year for this purpose.
  151         Section 10. The appropriations in this act are contingent
  152  upon the deposit of $200,080,474 into the state treasury from
  153  the escrow account created as a result of the consent judgment
  154  entered into by the Florida Attorney General on April 4, 2012,
  155  in the case of United States of America v. Bank of America
  156  Corp., No. 305 12-0361-RMC, in the United States District Court
  157  for the District of Columbia. Of the $200,080,474, the following
  158  amounts shall be deposited into the specified funds in the state
  159  treasury: $70 million shall be deposited into the Local
  160  Government Housing Trust Fund in the Department of Economic
  161  Opportunity; $78 million shall be deposited into the State
  162  Housing Trust Fund in the Department of Economic Opportunity;
  163  and $52,080,474 shall be deposited into the General Revenue
  164  Fund.
  165         Section 11. This act shall take effect upon becoming a law.