Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 962
Ì9170384Î917038
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/03/2022 .
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The Committee on Rules (Brandes) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Before line 13
4 insert:
5 Section 1. Paragraphs (a) and (n) of subsection (5) of
6 section 420.9075, Florida Statutes, are amended to read:
7 420.9075 Local housing assistance plans; partnerships.—
8 (5) The following criteria apply to awards made to eligible
9 sponsors or eligible persons for the purpose of providing
10 eligible housing:
11 (a) At least 65 percent of the funds made available in each
12 county and eligible municipality from the local housing
13 distribution must be reserved for home ownership for eligible
14 persons.
15 (m)(n) Funds from the local housing distribution not used
16 to meet the criteria established in paragraph (a) or paragraph
17 (b) (c) or not used for the administration of a local housing
18 assistance plan must be used for housing production and finance
19 activities, including, but not limited to, financing
20 preconstruction activities or the purchase of existing units,
21 providing rental housing, and providing home ownership training
22 to prospective home buyers and owners of homes assisted through
23 the local housing assistance plan.
24 1. Notwithstanding paragraph (b) the provisions of
25 paragraphs (a) and (c), program income as defined in s.
26 420.9071(26) may also be used to fund activities described in
27 this paragraph.
28 2. When preconstruction due-diligence activities conducted
29 as part of a preservation strategy show that preservation of the
30 units is not feasible and will not result in the production of
31 an eligible unit, such costs shall be deemed a program expense
32 rather than an administrative expense if such program expenses
33 do not exceed 3 percent of the annual local housing
34 distribution.
35 3. If both an award under the local housing assistance plan
36 and federal low-income housing tax credits are used to assist a
37 project and there is a conflict between the criteria prescribed
38 in this subsection and the requirements of s. 42 of the Internal
39 Revenue Code of 1986, as amended, the county or eligible
40 municipality may resolve the conflict by giving precedence to
41 the requirements of s. 42 of the Internal Revenue Code of 1986,
42 as amended, in lieu of following the criteria prescribed in this
43 subsection with the exception of paragraph (f) paragraphs (a)
44 and (g) of this subsection.
45 4. Each county and each eligible municipality may award
46 funds as a grant for construction, rehabilitation, or repair as
47 part of disaster recovery or emergency repairs or to remedy
48 accessibility or health and safety deficiencies. Any other
49 grants must be approved as part of the local housing assistance
50 plan.
51 Section 2. Subsection (27) of section 420.9071, Florida
52 Statutes, is amended to read:
53 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
54 term:
55 (27) “Recaptured funds” means funds that are recouped by a
56 county or eligible municipality in accordance with the recapture
57 provisions of its local housing assistance plan pursuant to s.
58 420.9075(5)(i) s. 420.9075(5)(j) from eligible persons or
59 eligible sponsors, which funds were not used for assistance to
60 an eligible household for an eligible activity, when there is a
61 default on the terms of a grant award or loan award.
62
63 ================= T I T L E A M E N D M E N T ================
64 And the title is amended as follows:
65 Delete lines 2 - 3
66 and insert:
67 An act relating to affordable housing; amending s.
68 420.9075, F.S.; deleting a criterion for awards made
69 to eligible sponsors or eligible persons for the
70 purpose of providing eligible housing under the State
71 Housing Initiatives Partnership Program; amending s.
72 420.9071, F.S.; conforming a cross-reference; amending
73 ss. 125.01055 and