Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7200
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-02235A-11                                         20117200__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Housing Finance
    3         Corporation; amending s. 201.15, F.S.; deleting
    4         provisions on the distributions of documentary stamp
    5         tax revenues to the State Housing Trust Fund and the
    6         Local Government Housing Trust Fund; conforming cross
    7         references; amending ss. 420.0003 and 420.0004, F.S.;
    8         replacing references to the Department of Community
    9         Affairs with Jobs Florida; amending s. 420.0005, F.S.;
   10         providing for the deposit of certain moneys into the
   11         State Housing Trust Fund within the State Treasury;
   12         replacing references to the Secretary of the
   13         Department of Community Affairs with the Commissioner
   14         of Jobs Florida; subjecting expenditures from the
   15         State Housing Fund for administrative and personnel
   16         costs to appropriation by the Legislature; providing
   17         for the interest received on investments of moneys of
   18         the State Housing Fund in excess of the amounts
   19         appropriated for the current fiscal year to be
   20         credited to the General Revenue Fund; amending ss.
   21         420.101, 420.111, 420.36, 420.424, 420.503, 420.504,
   22         and 420.506, F.S.; replacing references to the
   23         Department of Community Affairs with Jobs Florida and
   24         replacing references to the Secretary of the
   25         Department of Community Affairs with the Commissioner
   26         of Jobs Florida; amending s. 420.507, F.S.; providing
   27         for certain moneys to be deposited into the State
   28         Housing Trust Fund; subjecting expenditures of funds
   29         to appropriation by the Legislature; deleting
   30         provisions exempting the corporation from certain
   31         state budgetary requirements; deleting the provision
   32         that authorize the corporation to retain unused
   33         operational expenditures; amending s. 420.508, F.S.;
   34         providing for the deposit of certain moneys into the
   35         State Housing Trust Fund; providing that expenditures
   36         from the Florida Housing Finance Corporation Fund are
   37         subject to appropriation by the Legislature; amending
   38         s. 420.5087, F.S.; conforming a cross-reference;
   39         requiring that loan repayments and certain proceeds be
   40         accounted for by the corporation and be deposited into
   41         the State Housing Trust Fund; deleting a provision
   42         that prohibits loan repayments and certain proceeds
   43         from reverting to the General Revenue Fund; requiring
   44         that expenditures from the State Apartment Incentive
   45         Loan Fund be subject to appropriation by the
   46         Legislature; authorizing the corporation to seek a
   47         budget amendment to use certain funds for construction
   48         in fiscal years subsequent to the fiscal years for
   49         which the funds were appropriated; requiring the
   50         corporation to account for certain funds and to
   51         deposit them into the State Housing Trust Fund;
   52         requiring the corporation to seek a budget amendment
   53         to transfer funds for its loan loss insurance reserve;
   54         amending s. 420.5088, F.S.; revising provisions
   55         relating to the Florida Homeownership Assistance
   56         Program; requiring the corporation to account for
   57         certain monies deposited into the State Housing Trust
   58         Fund; subjecting expenditures from the Florida
   59         Homeownership Assistance Fund to appropriation by the
   60         Legislature; amending s. 420.5089, F.S.; revising
   61         provisions relating to the HOME Investment Partnership
   62         Program; requiring the corporation to account for
   63         certain monies deposited into the State Housing Trust
   64         Fund; authorizing the corporation to seek a budget
   65         amendment to use certain funds for construction in
   66         fiscal years subsequent to the fiscal years for which
   67         the funds were appropriated; providing for certain
   68         funds to be deposited into the State Housing Trust
   69         Fund; amending s. 420.5091, F.S.; revising provisions
   70         relating to the HOPE Program; providing for the
   71         deposit of certain funds into the State Housing Trust
   72         Fund; amending s. 420.5092, F.S.; revising provisions
   73         relating to the Florida Affordable Housing Guarantee
   74         Program; authorizing certain funds to be used to
   75         support the Florida Affordable Housing Guarantee
   76         Program; conforming cross-references; amending s.
   77         420.5095, F.S.; replacing a reference to the
   78         Department of Community Affairs with Jobs Florida;
   79         amending s. 420.525, F.S.; requiring that expenditures
   80         from the Housing Predevelopment Fund be subject to
   81         appropriation by the Legislature; authorizing the
   82         corporation to seek a budget amendment to use certain
   83         funds for predevelopment activities in fiscal years
   84         subsequent to the fiscal years for which the funds
   85         were appropriated; providing for certain monies to be
   86         accounted by the corporation and deposited into the
   87         State Housing Trust Fund; deleting a provision that
   88         prohibits certain funds, loan repayments, proceeds
   89         from reverting to the General Revenue Fund; amending
   90         ss. 420.526 and 420.529, F.S.; providing for certain
   91         monies to be accounted by the corporation and repaid
   92         to, or deposited into, the State Housing Trust Fund;
   93         amending s. 420.602, F.S.; redefining definitions;
   94         amending ss. 420.606, 420.609, 420.622, and 420.631,
   95         F.S.; replacing references to the Department of
   96         Community Affairs with Jobs Florida and replacing
   97         references to the Secretary of the Department of
   98         Community Affairs with the Commissioner of Jobs
   99         Florida; amending s. 420.9073, F.S.; revising local
  100         housing distribution provisions under the State
  101         Housing Initiatives Partnership Program; amending s.
  102         420.9079, F.S.; providing for the deposit of certain
  103         monies into the Local Government Housing Trust Fund;
  104         providing for the interest on certain investments of
  105         the Local Government Housing Trust Fund to be credited
  106         to the General Revenue Fund; amending s. 201.0205,
  107         F.S.; changing the source of funding for certain local
  108         housing programs; providing an effective date.
  109  
  110  Be It Enacted by the Legislature of the State of Florida:
  111  
  112         Section 1. Subsections (9) through (17) of section 201.15,
  113  Florida Statutes, are amended to read:
  114         201.15 Distribution of taxes collected.—All taxes collected
  115  under this chapter are subject to the service charge imposed in
  116  s. 215.20(1). Prior to distribution under this section, the
  117  Department of Revenue shall deduct amounts necessary to pay the
  118  costs of the collection and enforcement of the tax levied by
  119  this chapter. Such costs and the service charge may not be
  120  levied against any portion of taxes pledged to debt service on
  121  bonds to the extent that the costs and service charge are
  122  required to pay any amounts relating to the bonds. After
  123  distributions are made pursuant to subsection (1), all of the
  124  costs of the collection and enforcement of the tax levied by
  125  this chapter and the service charge shall be available and
  126  transferred to the extent necessary to pay debt service and any
  127  other amounts payable with respect to bonds authorized before
  128  January 1, 2010, secured by revenues distributed pursuant to
  129  subsection (1). All taxes remaining after deduction of costs and
  130  the service charge shall be distributed as follows:
  131         (9) The lesser of 7.53 percent of the remaining taxes or
  132  $107 million in each fiscal year shall be paid into the State
  133  Treasury to the credit of the State Housing Trust Fund and used
  134  as follows:
  135         (a) Half of that amount shall be used for the purposes for
  136  which the State Housing Trust Fund was created and exists by
  137  law.
  138         (b) Half of that amount shall be paid into the State
  139  Treasury to the credit of the Local Government Housing Trust
  140  Fund and used for the purposes for which the Local Government
  141  Housing Trust Fund was created and exists by law.
  142         (10) The lesser of 8.66 percent of the remaining taxes or
  143  $136 million in each fiscal year shall be paid into the State
  144  Treasury to the credit of the State Housing Trust Fund and used
  145  as follows:
  146         (a) Twelve and one-half percent of that amount shall be
  147  deposited into the State Housing Trust Fund and be expended by
  148  the Department of Community Affairs and by the Florida Housing
  149  Finance Corporation for the purposes for which the State Housing
  150  Trust Fund was created and exists by law.
  151         (b) Eighty-seven and one-half percent of that amount shall
  152  be distributed to the Local Government Housing Trust Fund and
  153  used for the purposes for which the Local Government Housing
  154  Trust Fund was created and exists by law. Funds from this
  155  category may also be used to provide for state and local
  156  services to assist the homeless.
  157         (9)(11) The distribution of proceeds deposited into the
  158  Water Management Lands Trust Fund and the Conservation and
  159  Recreation Lands Trust Fund, pursuant to subsections (4) and
  160  (5), may not be used for land acquisition but may be used for
  161  preacquisition costs associated with land purchases. The
  162  Legislature intends that the Florida Forever program supplant
  163  the acquisition programs formerly authorized under ss. 259.032
  164  and 373.59.
  165         (10)(12) Amounts distributed pursuant to subsections (5),
  166  (6), (7), and (8) are subject to the payment of debt service on
  167  outstanding Conservation and Recreation Lands revenue bonds.
  168         (11)(13) In each fiscal year that the remaining taxes
  169  exceed collections in the prior fiscal year, the stated maximum
  170  dollar amounts provided in subsections (2), (4), (6), and (7),
  171  (9), and (10) shall each be increased by an amount equal to 10
  172  percent of the increase in the remaining taxes collected under
  173  this chapter multiplied by the applicable percentage provided in
  174  those subsections.
  175         (12)(14) If the payment requirements in any year for bonds
  176  outstanding on July 1, 2007, or bonds issued to refund such
  177  bonds, exceed the limitations of this section, distributions to
  178  the trust fund from which the bond payments are made must be
  179  increased to the lesser of the amount needed to pay bond
  180  obligations or the limit of the applicable percentage
  181  distribution provided in subsections (1)-(8) subsections (1)
  182  (10).
  183         (13)(15)Distributions to the State Housing Trust Fund
  184  pursuant to subsections (9) and (10) must be sufficient to cover
  185  Amounts required to be transferred to the Florida Affordable
  186  Housing Guarantee Program’s annual debt service reserve and
  187  guarantee fund pursuant to s. 420.5092(6)(a) and (b) up to the
  188  amount required to be transferred to such reserve and fund based
  189  on the percentage distribution of documentary stamp tax revenues
  190  to the State Housing Trust Fund which was is in effect in the
  191  2004-2005 fiscal year shall be distributed to the State Housing
  192  Trust Fund.
  193         (14)(16) If amounts necessary to pay debt service or any
  194  other amounts payable with respect to Preservation 2000 bonds,
  195  Florida Forever bonds, or Everglades Restoration bonds
  196  authorized before January 1, 2010, exceed the amounts
  197  distributable pursuant to subsection (1), all moneys
  198  distributable pursuant to this section are available for such
  199  obligations and transferred in the amounts necessary to pay such
  200  obligations when due. However, amounts distributable pursuant to
  201  subsection (2), subsection (3), subsection (4), subsection (5),
  202  or subsection (13) paragraph (9)(a), or paragraph (10)(a) are
  203  not available to pay such obligations to the extent that such
  204  moneys are necessary to pay debt service on bonds secured by
  205  revenues pursuant to those provisions.
  206         (15)(17) After the distributions provided in the preceding
  207  subsections, any remaining taxes shall be paid into the State
  208  Treasury to the credit of the General Revenue Fund.
  209         Section 2. Paragraph (e) of subsection (3) and subsection
  210  (4) of section 420.0003, Florida Statutes, are amended to read:
  211         420.0003 State housing strategy.—
  212         (3) POLICIES.—
  213         (e) Housing production or rehabilitation programs.—New
  214  programs for housing production or rehabilitation shall be
  215  developed in accordance with the following general guidelines as
  216  appropriate for the purpose of the specific program:
  217         1. State and local governments shall provide incentives to
  218  encourage the private sector to be the primary delivery vehicle
  219  for the development of affordable housing.
  220         2. State funds should be heavily leveraged to achieve the
  221  maximum local and private commitment of funds while achieving
  222  the program objectives.
  223         3. To the maximum extent possible, state funds should be
  224  expended to provide housing units rather than to support program
  225  administration.
  226         4. State money should be used, when possible, as loans
  227  rather than grants.
  228         5. State funds should be available only to local
  229  governments that provide incentives or financial assistance for
  230  housing.
  231         6. State funds should be made available only for projects
  232  that which are consistent with the local government
  233  comprehensive plan.
  234         7. State funding for housing should not be made available
  235  to local governments whose comprehensive plans have been found
  236  not in compliance with chapter 163 and who have not entered into
  237  a stipulated settlement agreement with Jobs Florida the
  238  Department of Community Affairs to bring the plan into
  239  compliance.
  240         8. Mixed income projects should be encouraged, to avoid a
  241  concentration of low-income residents in one area or project.
  242         9. Distribution of state housing funds should be flexible
  243  and consider the regional and local needs, resources, and
  244  capabilities of housing producers.
  245         10. Income levels used to determine program eligibility
  246  should be adjusted for family size in determining the
  247  eligibility of specific beneficiaries.
  248         11. To the maximum extent possible, state-owned lands that
  249  are appropriate for the development of affordable housing shall
  250  be made available for that purpose.
  251         (4) IMPLEMENTATION.—Jobs Florida The Department of
  252  Community Affairs and the Florida Housing Finance Corporation in
  253  carrying out the strategy articulated herein shall have the
  254  following duties:
  255         (a) The fiscal resources of Jobs Florida the Department of
  256  Community Affairs shall be directed to achieve the following
  257  programmatic objectives:
  258         1. Effective technical assistance and capacity-building
  259  programs shall be established at the state and local levels.
  260         2. The Shimberg Center for Affordable Housing at the
  261  University of Florida shall develop and maintain statewide data
  262  on housing needs and production, provide technical assistance
  263  relating to real estate development and finance, operate an
  264  information clearinghouse on housing programs, and coordinate
  265  state housing initiatives with local government and federal
  266  programs.
  267         (b) The agency strategic plan of Jobs Florida the
  268  Department of Community Affairs shall include specific goals,
  269  objectives, and strategies that implement the housing policies
  270  in this section and shall include the strategic plan for housing
  271  production prepared by the corporation pursuant to s. 420.511.
  272         (c) The Shimberg Center for Affordable Housing, in
  273  consultation with Jobs Florida the Department of Community
  274  Affairs and the Florida Housing Finance Corporation, shall
  275  review and evaluate existing housing rehabilitation, production,
  276  and finance programs to determine their consistency with
  277  relevant policies in this section and identify the needs of
  278  specific populations, including, but not limited to, elderly and
  279  handicapped persons, and shall recommend statutory modifications
  280  where appropriate. The Shimberg Center for Affordable Housing,
  281  in consultation with Jobs Florida the Department of Community
  282  Affairs and the corporation, shall also evaluate the degree of
  283  coordination between state housing programs, and between state,
  284  federal, and local housing activities, and shall recommend
  285  improved program linkages. The recommendations required above
  286  and a report of any programmatic modifications made as a result
  287  of these policies shall be included in the housing report
  288  required by s. 420.6075, beginning December 31, 1991, and every
  289  5 years thereafter.
  290         (d) The department and the corporation are anticipated to
  291  conform the administrative rules for each housing program to the
  292  policies stated in this section, provided that such changes in
  293  the rules are consistent with the statutory intent or
  294  requirements for the program. This authority applies only to
  295  programs offering loans, grants, or tax credits and only to the
  296  extent that state policies are consistent with applicable
  297  federal requirements.
  298         Section 3. Subsection (6) of section 420.0004, Florida
  299  Statutes, is amended to read:
  300         420.0004 Definitions.—As used in this part, unless the
  301  context otherwise indicates:
  302         (6) “Department” means Jobs Florida the Department of
  303  Community Affairs.
  304         Section 4. Section 420.0005, Florida Statutes, is amended
  305  to read:
  306         420.0005 State Housing Trust Fund; State Housing Fund.
  307  There is hereby established in the State Treasury a separate
  308  trust fund to be named the “State Housing Trust Fund.” There
  309  shall be deposited in the fund all moneys appropriated by the
  310  Legislature, or moneys received from any other source, for the
  311  purpose of this chapter, including all loan repayments,
  312  penalties, and other fees and charges accruing to such fund
  313  under this chapter, and all proceeds derived from the use of
  314  such moneys. The fund shall be administered by the Florida
  315  Housing Finance Corporation on behalf of the department, as
  316  specified in this chapter. Money deposited to the fund and
  317  appropriated by the Legislature must, notwithstanding the
  318  provisions of chapter 216 or s. 420.504(3), be transferred
  319  quarterly in advance, to the extent available, or, if not so
  320  available, as soon as received into the State Housing Trust
  321  Fund, and subject to the provisions of s. 420.5092(6)(a) and (b)
  322  by the Chief Financial Officer to the corporation upon
  323  certification by the Commissioner Secretary of Jobs Florida
  324  Community Affairs that the corporation is in compliance with the
  325  requirements of s. 420.0006. The certification made by the
  326  commissioner secretary shall also include the split of funds
  327  among programs administered by the corporation and the
  328  department as specified in chapter 92-317, Laws of Florida, as
  329  amended. Moneys advanced by the Chief Financial Officer must be
  330  deposited by the corporation into a separate fund established
  331  with a qualified public depository meeting the requirements of
  332  chapter 280 to be named the “State Housing Fund” and used for
  333  the purposes of this chapter. Administrative and personnel costs
  334  incurred in implementing this chapter may be paid from the State
  335  Housing Fund, as appropriated by the Legislature but such costs
  336  may not exceed 5 percent of the moneys deposited into such fund.
  337  To the State Housing Fund shall be credited all loan repayments,
  338  penalties, and other fees and charges accruing to such fund
  339  under this chapter. It is the intent of this chapter that all
  340  loan repayments, penalties, and other fees and charges collected
  341  be credited in full to the program account from which the loan
  342  originated. Moneys in the State Housing Fund in excess of the
  343  amounts appropriated for the current fiscal year which are not
  344  currently needed for the purposes of this chapter shall be
  345  deposited with the Treasury to the credit of the State Housing
  346  Trust Fund and may be invested in such manner as is provided for
  347  by statute. The interest received on any such investment shall
  348  be credited to the General Revenue State Housing Fund.
  349         Section 5. Paragraph (d) of subsection (1) of section
  350  420.101, Florida Statutes, is amended to read:
  351         420.101 Housing Development Corporation of Florida;
  352  creation, membership, and purposes.—
  353         (1) Twenty-five or more persons, a majority of whom shall
  354  be residents of this state, who may desire to create a housing
  355  development corporation under the provisions of this part for
  356  the purpose of promoting and developing housing and advancing
  357  the prosperity and economic welfare of the state and, to that
  358  end, to exercise the powers and privileges hereinafter provided,
  359  may be incorporated by filing in the Department of State, as
  360  hereinafter provided, articles of incorporation. The articles of
  361  incorporation shall contain:
  362         (d) The names and post office addresses of the members of
  363  the first board of directors. The first board of directors shall
  364  be elected by and from the stockholders of the corporation and
  365  shall consist of 21 members. However, five of such members shall
  366  consist of the following persons, who shall be nonvoting
  367  members: the Commissioner secretary of Jobs Florida the
  368  Department of Community Affairs or her or his designee; the head
  369  of the Department of Financial Services or her or his designee
  370  with expertise in banking matters; a designee of the head of the
  371  Department of Financial Services with expertise in insurance
  372  matters; one state senator appointed by the President of the
  373  Senate; and one representative appointed by the Speaker of the
  374  House of Representatives.
  375         Section 6. Subsection (8) of section 420.111, Florida
  376  Statutes, is amended to read:
  377         420.111 Housing Development Corporation of Florida;
  378  additional powers.—In furtherance of its purposes and in
  379  addition to the powers now or hereafter conferred on business
  380  corporations by chapter 607, the corporation shall, subject to
  381  the restrictions and limitations herein contained, have the
  382  following powers:
  383         (8) To cooperate with, and avail itself of the facilities
  384  of, the United States Department of Housing and Urban
  385  Development, Jobs Florida the Department of Community Affairs,
  386  and any other similar local, state, or Federal Government
  387  agency; and to cooperate with and assist, and otherwise
  388  encourage, organizations in the various communities of the state
  389  on the promotion, assistance, and development of the housing and
  390  economic welfare of such communities or of this state or any
  391  part thereof.
  392         Section 7. Section 420.36, Florida Statutes, is amended to
  393  read:
  394         420.36 Low-income Emergency Home Repair Program.—There is
  395  established within Jobs Florida the Department of Community
  396  Affairs the Low-income Emergency Home Repair Program to assist
  397  low-income persons, especially the elderly and physically
  398  disabled, in making emergency repairs which directly affect
  399  their health and safety.
  400         (1) As used in this section, the term:
  401         (a) “Grantee” means a local public or private nonprofit
  402  agency currently receiving funds from the department to conduct
  403  a weatherization assistance program in one or more counties or a
  404  public or nonprofit agency chosen as outlined in subparagraph
  405  (4)(c)4.
  406         (b) “Subgrantee” means a local public or private nonprofit
  407  agency experienced in weatherization, emergency repairs, or
  408  rehabilitation of housing.
  409         (2) A person is eligible to receive assistance if that
  410  person has an income in relation to that person’s family size
  411  which is at or below 125 percent of the poverty level as
  412  specified annually in the federal Office of Management and
  413  Budget Poverty Guidelines. Eligible persons over 60 years of age
  414  and eligible persons who are physically disabled shall be given
  415  priority in the program.
  416         (3)(a) Allowable repairs, including materials and labor,
  417  which may be charged under the program include:
  418         1. Correcting deficiencies in support beams, load-bearing
  419  walls, and floor joists.
  420         2. Repair or replacement of unsafe or nonfunctional space
  421  heating or water heating systems.
  422         3. Egress or physically disabled accessibility repairs,
  423  improvements, or assistive devices, including wheelchair ramps,
  424  steps, porches, handrails, or other health and safety measures.
  425         4. Plumbing, pump, well, and line repairs to ensure safe
  426  drinking water and sanitary sewage.
  427         5. Electrical repairs.
  428         6. Repairs to deteriorating walls, floors, and roofs.
  429         7. Other interior and exterior repairs as necessary for the
  430  health and safety of the resident.
  431         (b) Administrative expenses may not exceed 10 percent of
  432  the total grant funds.
  433         (c) Each grantee shall be required to provide an in-kind or
  434  cash match of at least 20 percent of the funds granted. Grantees
  435  and subgrantees shall be encouraged to use community resources
  436  to provide such match, including family, church, and
  437  neighborhood volunteers and materials provided by local groups
  438  and businesses. Grantees shall coordinate with local governments
  439  through their community development block grant entitlement
  440  programs and other housing programs, local housing partnerships,
  441  and agencies under contract to a lead agency for the provisions
  442  of services under the Community Care for the Elderly Act, ss.
  443  430.201-430.207.
  444         (4)(a) Funds appropriated to the department for the program
  445  shall be deposited in the Energy Consumption Trust Fund.
  446  Administrative and personnel costs incurred by the department in
  447  implementing the provisions of this section may be paid from the
  448  fund.
  449         (b) The grantee may subgrant these funds to a subgrantee if
  450  the grantee is unable to serve all of the county or the target
  451  population. Grantee and subgrantee eligibility shall be
  452  determined by the department.
  453         (c) Funds shall be distributed to grantees and subgrantees
  454  as follows:
  455         1. For each county, a base amount of at least $3,000 shall
  456  be set aside from the total funds available, and such amount
  457  shall be deducted from the total amount appropriated by the
  458  Legislature.
  459         2. The balance of the funds appropriated by the Legislature
  460  shall be divided by the total poverty population of the state,
  461  and this quotient shall be multiplied by each county’s share of
  462  the poverty population. That amount plus the base of at least
  463  $3,000 shall constitute each county’s share. A grantee which
  464  serves more than one county shall receive the base amount plus
  465  the poverty population share for each county to be served.
  466  Contracts with grantees may be renewed annually.
  467         3. The funds allocated to each county shall be offered
  468  first to an existing weatherization assistance program grantee
  469  in good standing, as determined by the department, that can
  470  provide services to the target population of low-income persons,
  471  low-income elderly persons, and low-income physically disabled
  472  persons throughout the county.
  473         4. If a weatherization assistance program grantee is not
  474  available to serve the entire county area, the funds shall be
  475  distributed through the following process:
  476         a. An announcement of funding availability shall be
  477  provided to the county. The county may elect to administer the
  478  program.
  479         b. If the county elects not to administer the program, the
  480  department shall establish rules to address the selection of one
  481  or more public or private not-for-profit agencies that are
  482  experienced in weatherization, rehabilitation, or emergency
  483  repair to administer the program.
  484         5. If no eligible agency agrees to serve a county, the
  485  funds for that county shall be distributed to grantees having
  486  the best performance record as determined by department rule. At
  487  the end of the contract year, any uncontracted or unexpended
  488  funds shall be returned to the Energy Consumption Trust Fund and
  489  reallocated under the next year’s contracting cycle.
  490         (5) The department may perform all actions appropriate and
  491  necessary to carry out the purposes of this section, including,
  492  but not limited to:
  493         (a) Entering into contracts and agreements with the Federal
  494  Government, agencies of the state, local governments, or any
  495  person, association, corporation, or entity.
  496         (b) Seeking and accepting funding from any public or
  497  private source.
  498         (c) Adopting and enforcing rules consistent with this
  499  section.
  500         Section 8. Subsections (1) and (2) of section 420.424,
  501  Florida Statutes, are amended to read:
  502         420.424 Definitions.—As used in ss. 420.421-420.429:
  503         (2)(1) “Department” means Jobs Florida the Department of
  504  Community Affairs.
  505         (1)(2) “Commissioner Secretary” means the Commissioner
  506  Secretary of Jobs Florida Community Affairs.
  507         Section 9. Subsection (12) of section 420.503, Florida
  508  Statutes, is amended to read:
  509         420.503 Definitions.—As used in this part, the term:
  510         (12) “Department” means Jobs Florida the Department of
  511  Community Affairs.
  512         Section 10. Subsections (1) and (3) of section 420.504,
  513  Florida Statutes, are amended to read:
  514         420.504 Public corporation; creation, membership, terms,
  515  expenses.—
  516         (1) There is created within Jobs Florida the Department of
  517  Community Affairs a public corporation and a public body
  518  corporate and politic, to be known as the “Florida Housing
  519  Finance Corporation.” It is declared to be the intent of and
  520  constitutional construction by the Legislature that the Florida
  521  Housing Finance Corporation constitutes an entrepreneurial
  522  public corporation organized to provide and promote the public
  523  welfare by administering the governmental function of financing
  524  or refinancing housing and related facilities in Florida and
  525  that the corporation is not a department of the executive branch
  526  of state government within the scope and meaning of s. 6, Art.
  527  IV of the State Constitution, but is functionally related to
  528  Jobs Florida the Department of Community Affairs in which it is
  529  placed. The executive function of state government to be
  530  performed by the Commissioner of Jobs Florida secretary of the
  531  department in the conduct of the business of the Florida Housing
  532  Finance Corporation must be performed pursuant to a contract to
  533  monitor and set performance standards for the implementation of
  534  the business plan for the provision of housing approved for the
  535  corporation as provided in s. 420.0006. This contract shall
  536  include the performance standards for the provision of
  537  affordable housing in Florida established in the business plan
  538  described in s. 420.511.
  539         (3) The corporation is a separate budget entity and is not
  540  subject to control, supervision, or direction by Jobs Florida
  541  the Department of Community Affairs in any manner, including,
  542  but not limited to, personnel, purchasing, transactions
  543  involving real or personal property, and budgetary matters. The
  544  corporation shall consist of a board of directors composed of
  545  the Commissioner Secretary of Jobs Florida Community Affairs as
  546  an ex officio and voting member and eight members appointed by
  547  the Governor subject to confirmation by the Senate from the
  548  following:
  549         (a) One citizen actively engaged in the residential home
  550  building industry.
  551         (b) One citizen actively engaged in the banking or mortgage
  552  banking industry.
  553         (c) One citizen who is a representative of those areas of
  554  labor engaged in home building.
  555         (d) One citizen with experience in housing development who
  556  is an advocate for low-income persons.
  557         (e) One citizen actively engaged in the commercial building
  558  industry.
  559         (f) One citizen who is a former local government elected
  560  official.
  561         (g) Two citizens of the state who are not principally
  562  employed as members or representatives of any of the groups
  563  specified in paragraphs (a)-(f).
  564         Section 11. Section 420.506, Florida Statutes, is amended
  565  to read:
  566         420.506 Executive director; agents and employees.—The
  567  appointment and removal of an executive director shall be by the
  568  Commissioner Secretary of Jobs Florida Community Affairs, with
  569  the advice and consent of the corporation’s board of directors.
  570  The executive director shall employ legal and technical experts
  571  and such other agents and employees, permanent and temporary, as
  572  the corporation may require, and shall communicate with and
  573  provide information to the Legislature with respect to the
  574  corporation’s activities. The board is authorized,
  575  notwithstanding the provisions of s. 216.262, to develop and
  576  implement rules regarding the employment of employees of the
  577  corporation and service providers, including legal counsel. The
  578  board of directors of the corporation is entitled to establish
  579  travel procedures and guidelines for employees of the
  580  corporation. The executive director’s office and the
  581  corporation’s files and records must be located in Leon County.
  582         Section 12. Subsections (10) and (28) of section 420.507,
  583  Florida Statutes, are amended, present subsections (32) through
  584  (47) of that section are renumbered as subsections (31) through
  585  (46), respectively, and present subsections (31) and (32) of
  586  that section are amended, to read:
  587         420.507 Powers of the corporation.—The corporation shall
  588  have all the powers necessary or convenient to carry out and
  589  effectuate the purposes and provisions of this part, including
  590  the following powers which are in addition to all other powers
  591  granted by other provisions of this part:
  592         (10) To contract for and to accept gifts, grants, loans, or
  593  other aid from the United States Government or any person or
  594  corporation for deposit into the State Housing Trust Fund and to
  595  expend such funds as appropriated by the Legislature.
  596         (28) To expend amounts appropriated by the Legislature
  597  advanced from the State Housing Trust Fund for the purposes of
  598  this part.
  599         (30) To prepare and submit to the commissioner secretary of
  600  the department a budget request for purposes of the corporation,
  601  which request shall, notwithstanding the provisions of chapter
  602  216 and in accordance with s. 216.351, contain a request for
  603  operational expenditures and separate requests for other
  604  authorized corporation programs. The request shall not be
  605  required to contain information on the number of employees,
  606  salaries, or any classification thereof, and the approved
  607  operating budget therefor need not comply with s. 216.181(8)
  608  (10). The commissioner secretary is authorized to include within
  609  the department’s budget request the corporation’s budget request
  610  in the form as authorized by this section.
  611         (31) Notwithstanding the provisions of s. 216.301, to
  612  retain any unused operational expenditure appropriation for
  613  other lawful purposes of the corporation.
  614         (32)(33) To receive federal funding in connection with the
  615  corporation’s programs directly from the Federal Government for
  616  deposit into the State Housing Trust Fund and to expend such
  617  funds as appropriated by the Legislature.
  618         Section 13. Subsection (5) of section 420.508, Florida
  619  Statutes, is amended to read:
  620         420.508 Special powers; multifamily and single-family
  621  projects.—The corporation shall have the special power to:
  622         (5) Establish with a qualified depository meeting the
  623  requirements of chapter 280, a separate fund to be known as the
  624  “Florida Housing Finance Corporation Fund,” to be administered
  625  by the corporation in accordance with the purposes of this
  626  chapter. All fees collected by the corporation directly from the
  627  Federal Government for administration of the United States
  628  Department of Housing and Urban Development Section 8 housing
  629  program, all annual administrative fees collected by trustees
  630  for bond programs and remitted to the corporation, all expense
  631  fees related to costs of bond issuance collected by trustees and
  632  remitted to the corporation, and all tax credit program fees
  633  must be deposited into the State Housing Trust Fund in the State
  634  Treasury. The Florida Housing Finance Corporation Fund shall be
  635  utilized for the purposes of the corporation, including payment
  636  of administrative expenses. Expenditures from the Florida
  637  Housing Finance Corporation Fund shall not be required to be
  638  included in the corporation’s budget request or be subject to
  639  appropriation by the Legislature.
  640         Section 14. Paragraph (c) of subsection (6) and subsections
  641  (7) and (8) of section 420.5087, Florida Statutes, are amended
  642  to read:
  643         420.5087 State Apartment Incentive Loan Program.—There is
  644  hereby created the State Apartment Incentive Loan Program for
  645  the purpose of providing first, second, or other subordinated
  646  mortgage loans or loan guarantees to sponsors, including for
  647  profit, nonprofit, and public entities, to provide housing
  648  affordable to very-low-income persons.
  649         (6) On all state apartment incentive loans, except loans
  650  made to housing communities for the elderly to provide for
  651  lifesafety, building preservation, health, sanitation, or
  652  security-related repairs or improvements, the following
  653  provisions shall apply:
  654         (c) The corporation shall provide by rule for the
  655  establishment of a review committee composed of the department
  656  and corporation staff and shall establish by rule a scoring
  657  system for evaluation and competitive ranking of applications
  658  submitted in this program, including, but not limited to, the
  659  following criteria:
  660         1. Tenant income and demographic targeting objectives of
  661  the corporation.
  662         2. Targeting objectives of the corporation which will
  663  ensure an equitable distribution of loans between rural and
  664  urban areas.
  665         3. Sponsor’s agreement to reserve the units for persons or
  666  families who have incomes below 50 percent of the state or local
  667  median income, whichever is higher, for a time period to exceed
  668  the minimum required by federal law or the provisions of this
  669  part.
  670         4. Sponsor’s agreement to reserve more than:
  671         a. Twenty percent of the units in the project for persons
  672  or families who have incomes that do not exceed 50 percent of
  673  the state or local median income, whichever is higher; or
  674         b. Forty percent of the units in the project for persons or
  675  families who have incomes that do not exceed 60 percent of the
  676  state or local median income, whichever is higher, without
  677  requiring a greater amount of the loans as provided in this
  678  section.
  679         5. Provision for tenant counseling.
  680         6. Sponsor’s agreement to accept rental assistance
  681  certificates or vouchers as payment for rent.
  682         7. Projects requiring the least amount of a state apartment
  683  incentive loan compared to overall project cost except that the
  684  share of the loan attributable to units serving extremely-low
  685  income persons shall be excluded from this requirement.
  686         8. Local government contributions and local government
  687  comprehensive planning and activities that promote affordable
  688  housing.
  689         9. Project feasibility.
  690         10. Economic viability of the project.
  691         11. Commitment of first mortgage financing.
  692         12. Sponsor’s prior experience, including whether the
  693  developer and general contractor have substantial experience, as
  694  provided in s. 420.507(46) s. 420.507(47).
  695         13. Sponsor’s ability to proceed with construction.
  696         14. Projects that directly implement or assist welfare-to
  697  work transitioning.
  698         15. Projects that reserve units for extremely-low-income
  699  persons.
  700         16. Projects that include green building principles, storm
  701  resistant construction, or other elements that reduce long-term
  702  costs relating to maintenance, utilities, or insurance.
  703         17. Domicile of the developer and general contractor, as
  704  provided in s. 420.507(46) s. 420.507(47).
  705         (7) There is authorized to be established by the
  706  corporation with a qualified public depository meeting the
  707  requirements of chapter 280 a separate fund to be named the
  708  “State Apartment Incentive Loan Fund,” which shall be
  709  administered by the corporation according to the provisions of
  710  this program. Any amounts held in the State Apartment Incentive
  711  Loan Trust Fund for such purpose as of January 1, 1998, must be
  712  transferred to the corporation for deposit in the State
  713  Apartment Incentive Loan Fund and the State Apartment Incentive
  714  Loan Trust Fund must be closed. There shall be deposited into
  715  the fund moneys from the State Housing Trust Fund as created by
  716  s. 420.0005, or moneys received from any other source, for the
  717  purpose of this program and all proceeds derived from the use of
  718  such moneys. However In addition, all loan repayments, proceeds
  719  from the sale of any property, and any other proceeds that would
  720  otherwise accrue pursuant to the activities conducted under the
  721  provisions of the State Apartment Incentive Loan Program shall
  722  be accounted for by the corporation and deposited into in the
  723  State Housing Trust Fund in the Treasury and shall not revert to
  724  the General Revenue Fund. Expenditures from the State Apartment
  725  Incentive Loan Fund shall not be required to be included in the
  726  corporation’s budget request or be subject to appropriation by
  727  the Legislature. If the construction period extends beyond a
  728  loan commitment for program funds is entered into during the
  729  state fiscal year for which the program funds are were
  730  appropriated, or the fiscal year in which the loan commitment is
  731  entered, the funds may shall continue to be used in a subsequent
  732  fiscal year upon the approval of a budget amendment for such
  733  funds from the Legislative Budget Commission made available for
  734  use during the entire construction period, even if it extends
  735  beyond the state fiscal year in which the loan commitment was
  736  entered.
  737         (8) If a default on a loan occurs, the corporation may
  738  foreclose on any mortgage or security interest or commence any
  739  legal action to protect the interest of the corporation or the
  740  fund and recover the amount of the unpaid principal, accrued
  741  interest, and fees on behalf of the fund. The corporation may
  742  acquire real and personal property or any interest therein when
  743  that acquisition is necessary or appropriate to protect any
  744  loan; to sell, transfer, and convey any such property to a buyer
  745  without regard to the provisions of chapters 253 and 270; and,
  746  if that sale, transfer, or conveyance cannot be effected within
  747  a reasonable time, to lease such property for occupancy by
  748  eligible persons. All sums recovered from the sale, transfer,
  749  conveyance, or lease of such property shall be accounted for by
  750  the corporation and deposited into the State Housing Trust
  751  Apartment Incentive Loan Fund in the Treasury. The corporation
  752  may not transfer funds for its loan loss insurance reserve
  753  except upon approval of a budget amendment for such funds by the
  754  Legislative Budget Commission.
  755         Section 15. Subsection (4) of section 420.5088, Florida
  756  Statutes, is amended to read:
  757         420.5088 Florida Homeownership Assistance Program.—There is
  758  created the Florida Homeownership Assistance Program for the
  759  purpose of assisting low-income and moderate-income persons in
  760  purchasing a home as their primary residence by reducing the
  761  cost of the home with below-market construction financing, by
  762  reducing the amount of down payment and closing costs paid by
  763  the borrower to a maximum of 5 percent of the purchase price, or
  764  by reducing the monthly payment to an affordable amount for the
  765  purchaser. Loans shall be made available at an interest rate
  766  that does not exceed 3 percent. The balance of any loan is due
  767  at closing if the property is sold, refinanced, rented, or
  768  transferred, unless otherwise approved by the corporation.
  769         (4) There is authorized to be established by the
  770  corporation with a qualified public depository meeting the
  771  requirements of chapter 280 the Florida Homeownership Assistance
  772  Fund to be administered by the corporation according to the
  773  provisions of this program. Any amounts held in the Florida
  774  Homeownership Assistance Trust Fund for such purposes as of
  775  January 1, 1998, must be transferred to the corporation for
  776  deposit in the Florida Homeownership Assistance Fund, whereupon
  777  the Florida Homeownership Assistance Trust Fund must be closed.
  778  There shall be deposited in the fund moneys from the State
  779  Housing Trust Fund created by s. 420.0005, or moneys received
  780  from any other source, for the purpose of this program and all
  781  proceeds derived from the use of such moneys. However In
  782  addition, all unencumbered funds, loan repayments, proceeds from
  783  the sale of any property, and any other proceeds that would
  784  otherwise accrue pursuant to the activities of the programs
  785  described in this section shall be accounted for by the
  786  corporation and deposited into the State Housing Trust
  787  transferred to this Fund in the State Treasury. In addition, all
  788  loan repayments, proceeds from the sale of any property, and any
  789  other proceeds that would otherwise accrue pursuant to the
  790  activities conducted under the provisions of the Florida
  791  Homeownership Assistance Program shall be accounted for by the
  792  corporation and deposited into in the State Housing Trust Fund
  793  in the Treasury and shall not revert to the General Revenue
  794  Fund. Expenditures from the Florida Homeownership Assistance
  795  Fund shall not be required to be included in the corporation’s
  796  budget request or be subject to appropriation by the
  797  Legislature.
  798         Section 16. Subsections (1) and (10) of section 420.5089,
  799  Florida Statutes, are amended to read:
  800         420.5089 HOME Investment Partnership Program; HOME
  801  Investment Partnership Fund.—
  802         (1) There is authorized to be established by the
  803  corporation with a qualified public depository meeting the
  804  requirements of chapter 280 the HOME Investment Partnership
  805  Fund, which shall be administered by the corporation according
  806  to the provisions of the HOME Investment Partnership Program
  807  which is hereby created. Any amounts held in the HOME
  808  Partnership Trust Fund for such purposes as of January 1, 1998,
  809  must be transferred to the corporation for deposit in the HOME
  810  Investment Partnership Fund, whereupon the HOME Partnership
  811  Trust Fund must be closed. There shall be deposited into the
  812  fund moneys appropriated from the State Housing Trust Fund.
  813  However or Moneys received from any other source for the purpose
  814  of this program, and all proceeds derived from the use of such
  815  moneys. In addition, all loan repayments, proceeds from the sale
  816  of any property, and any other proceeds that would otherwise
  817  accrue pursuant to the activities conducted under the provisions
  818  of the HOME Investment Partnership Program shall be accounted
  819  for by the corporation and deposited into the State Housing
  820  Trust Fund in the Treasury and shall not revert to the General
  821  Revenue Fund. Expenditures from the HOME Investment Partnership
  822  Fund shall not be required to be included in the corporation’s
  823  budget request or be subject to appropriation by the
  824  Legislature. If the construction period extends beyond the state
  825  fiscal year in which the funds are appropriated, the funds may
  826  be used in a subsequent fiscal year upon the approval of a
  827  budget amendment for such funds by the Legislative Budget
  828  Commission.
  829         (10) All sums recovered from the sale, transfer,
  830  conveyance, or lease of such property shall be deposited into
  831  the State Housing Trust HOME Investment Partnership Fund for
  832  expenditure as appropriated by the Legislature.
  833         Section 17. Section 420.5091, Florida Statutes, is amended
  834  to read:
  835         420.5091 HOPE Program.—
  836         (1) The corporation may adopt rules to implement the HOPE
  837  Program, created by the 1990 National Affordable Housing Act, to
  838  make loans and grants, foreclose on any mortgage or security
  839  interest, or commence any legal action to protect the interest
  840  of the corporation and recover the amount of the unpaid
  841  principal, accrued interest, and fees. The corporation may
  842  acquire real and personal property or any interest in the
  843  property if that acquisition is necessary to protect any loan;
  844  sell, transfer, and convey any such property to a buyer without
  845  regard to the provisions of chapters 253 and 270; and, if that
  846  sale, transfer, or conveyance cannot be effected within a
  847  reasonable time, lease such property for occupancy by eligible
  848  persons. All sums recovered from the sale, transfer, conveyance,
  849  or lease of such property shall be deposited into the State
  850  Housing Trust HOME Investment Partnership Fund in the Treasury.
  851         (2) The corporation shall monitor all projects funded under
  852  this section to ensure compliance with federal and state
  853  requirements. The corporation may inspect such projects or
  854  records pertaining to those projects at any reasonable time.
  855         Section 18. Subsections (3), (5), and (6) of section
  856  420.5092, Florida Statutes, are amended to read:
  857         420.5092 Florida Affordable Housing Guarantee Program.—
  858         (3) Amounts on deposit in the State Housing Trust Fund or
  859  amounts received by the Florida Housing Finance Corporation as
  860  program funds from loan programs funded with state moneys may
  861  also be used to support the Florida Affordable Housing Guarantee
  862  Program. Such use, if any, is in addition to those purposes for
  863  which the State Housing Trust Fund was created, and such moneys
  864  shall be obligated and committed in accordance with the
  865  corporation certification provided for in subsection (6).
  866         (5) Pursuant to s. 16, Art. VII of the State Constitution,
  867  the corporation may issue, in accordance with s. 420.509,
  868  revenue bonds of the corporation to establish the guarantee
  869  fund. Such revenue bonds shall be primarily payable from and
  870  secured by annual debt service reserves, from interest earned on
  871  funds on deposit in the guarantee fund, from fees, charges, and
  872  reimbursements established by the corporation for the issuance
  873  of affordable housing guarantees, and from any other revenue
  874  sources received by the corporation and deposited by the
  875  corporation into the guarantee fund for the issuance of
  876  affordable housing guarantees. To the extent such primary
  877  revenue sources are considered insufficient by the corporation,
  878  pursuant to the certification provided in subsection (6), to
  879  fully fund the annual debt service reserve, the certified
  880  deficiency in such reserve shall be additionally payable from
  881  the first proceeds of the documentary stamp tax moneys deposited
  882  into the State Housing Trust Fund pursuant to s. 201.15(13) s.
  883  201.15(9)(a) and (10)(a) during the ensuing state fiscal year.
  884         (6)(a) If the primary revenue sources to be used for
  885  repayment of revenue bonds used to establish the guarantee fund
  886  are insufficient for such repayment, the annual principal and
  887  interest due on each series of revenue bonds shall be payable
  888  from funds in the annual debt service reserve. The corporation
  889  shall, before June 1 of each year, perform a financial audit to
  890  determine whether at the end of the state fiscal year there will
  891  be on deposit in the guarantee fund an annual debt service
  892  reserve from interest earned pursuant to the investment of the
  893  guarantee fund, fees, charges, and reimbursements received from
  894  issued affordable housing guarantees and other revenue sources
  895  available to the corporation. Based upon the findings in such
  896  guarantee fund financial audit, the corporation shall certify to
  897  the Chief Financial Officer the amount of any projected
  898  deficiency in the annual debt service reserve for any series of
  899  outstanding bonds as of the end of the state fiscal year and the
  900  amount necessary to maintain such annual debt service reserve.
  901  Upon receipt of such certification, the Chief Financial Officer
  902  shall transfer to the annual debt service reserve, from the
  903  first available taxes distributed to the State Housing Trust
  904  Fund pursuant to s. 201.15(13) s. 201.15(9)(a) and (10)(a)
  905  during the ensuing state fiscal year, the amount certified as
  906  necessary to maintain the annual debt service reserve.
  907         (b) If the claims payment obligations under affordable
  908  housing guarantees from amounts on deposit in the guarantee fund
  909  would cause the claims paying rating assigned to the guarantee
  910  fund to be less than the third-highest rating classification of
  911  any nationally recognized rating service, which classifications
  912  being consistent with s. 215.84(3) and rules adopted thereto by
  913  the State Board of Administration, the corporation shall certify
  914  to the Chief Financial Officer the amount of such claims payment
  915  obligations. Upon receipt of such certification, the Chief
  916  Financial Officer shall transfer to the guarantee fund, from the
  917  first available taxes distributed to the State Housing Trust
  918  Fund pursuant to s. 201.15(13) s. 201.15(9)(a) and (10)(a)
  919  during the ensuing state fiscal year, the amount certified as
  920  necessary to meet such obligations, such transfer to be
  921  subordinate to any transfer referenced in paragraph (a) and not
  922  to exceed 50 percent of the amounts distributed to the State
  923  Housing Trust Fund pursuant to s. 201.15(9)(a) and (10)(a)
  924  during the preceding state fiscal year.
  925         Section 19. Paragraph (e) of subsection (12) of section
  926  420.5095, Florida Statutes, is amended to read:
  927         420.5095 Community Workforce Housing Innovation Pilot
  928  Program.—
  929         (12) All eligible applications shall:
  930         (e) Demonstrate how the applicant will use the regulatory
  931  incentives and financial strategies outlined in subsection (8)
  932  from the local jurisdiction in which the proposed project is to
  933  be located. The corporation may consult with Jobs Florida the
  934  Department of Community Affairs in evaluating the use of
  935  regulatory incentives by applicants.
  936         Section 20. Section 420.525, Florida Statutes, is amended
  937  to read:
  938         420.525 Housing Predevelopment Fund.—
  939         (1) There is authorized to be established by the
  940  corporation with a qualified public depository meeting the
  941  requirements of chapter 280 a separate fund to be named the
  942  “Housing Predevelopment Fund” which shall be administered by the
  943  corporation according to the provisions of ss. 420.521-420.529.
  944  Any amounts held in the Housing Predevelopment Trust Fund for
  945  such purposes as of January 1, 1998, must be transferred to the
  946  corporation for deposit in the Housing Predevelopment Fund,
  947  whereupon the Housing Predevelopment Trust Fund must be closed.
  948  There shall be deposited into the fund moneys appropriated from
  949  the State Housing Trust Fund as created by s. 420.0005 or moneys
  950  received from any other source, for the purpose of this program
  951  and all proceeds derived from the use of such moneys.
  952  Administrative and personnel costs incurred in implementing the
  953  provisions of ss. 420.521-420.529 may be paid from the fund.
  954  Expenditures from the Housing Predevelopment Fund shall not be
  955  required to be included in the corporation’s budget request or
  956  be subject to appropriation by the Legislature. If the
  957  predevelopment period extends beyond the state fiscal year in
  958  which the funds are appropriated, the funds may be used in a
  959  subsequent fiscal year upon the approval of a budget amendment
  960  for such funds by the Legislative Budget Commission.
  961         (2) All unencumbered funds, loan repayments, proceeds from
  962  the sale of any property, existing funds remaining in the
  963  following programs, and any other proceeds that would otherwise
  964  accrue pursuant to the activities conducted under this program
  965  and the provisions of the following programs shall be accounted
  966  for by the corporation and deposited into in the State Housing
  967  Trust Fund in the Treasury and shall not revert to the General
  968  Revenue Fund:
  969         (a) The Rural Housing Land Acquisition and Site Development
  970  Act;
  971         (b) The Farmworker Housing Assistance Act; and
  972         (c) The Community-Based Organization Loan Program created
  973  by the Affordable Housing Planning and Community Assistance Act.
  974         Section 21. Subsection (5) of section 420.526, Florida
  975  Statutes, is amended to read:
  976         420.526 Predevelopment Loan Program; loans and grants
  977  authorized; activities eligible for support.—
  978         (5) Any funds paid out of the Housing Predevelopment Fund
  979  for activities under ss. 420.521-420.529 which are reimbursed to
  980  the sponsor from another source shall be accounted for by the
  981  corporation and repaid to the State Housing Trust Fund in the
  982  Treasury for expenditure as appropriated by the Legislature.
  983         Section 22. Section 420.529, Florida Statutes, is amended
  984  to read:
  985         420.529 Default by sponsor.—If a default on a loan occurs,
  986  the corporation may foreclose on any mortgage or security
  987  interest or commence any legal action to protect the interest of
  988  the corporation or the fund and recover the amount of the unpaid
  989  principal, accrued interest, and fees on behalf of the fund. The
  990  corporation may also acquire real and personal property or any
  991  interest in the property if such acquisition is necessary or
  992  appropriate to protect any loan; to sell, transfer, and convey
  993  any such property to a buyer without regard to the provisions of
  994  chapters 253 and 270; and, if such sale, transfer, or conveyance
  995  cannot be effected within a reasonable time, to lease such
  996  property for occupancy by eligible persons. All sums recovered
  997  from the sale, transfer, conveyance, or lease of such property
  998  shall be accounted for by the corporation and deposited into the
  999  State Housing Trust Predevelopment Fund in the Treasury for
 1000  expenditure as appropriated by the Legislature.
 1001         Section 23. Subsections (4) through (10) of section
 1002  420.602, Florida Statutes, are amended to read:
 1003         420.602 Definitions.—As used in this part, the following
 1004  terms shall have the following meanings, unless the context
 1005  otherwise requires:
 1006         (4) “Commissioner” means the Commissioner of Jobs Florida.
 1007         (5)(4) “Community-based organization” means a private
 1008  corporation organized under chapter 617 to assist in the
 1009  provision of housing and related services on a not-for-profit
 1010  basis within a designated area, including a municipality,
 1011  county, or area of more than one municipality or county.
 1012         (6)(5) “Corporation” means the Florida Housing Finance
 1013  Corporation as created in s. 420.504.
 1014         (7)(6) “Department” means Jobs Florida the Department of
 1015  Community Affairs.
 1016         (8)(7) “Fund” means the Florida Affordable Housing Trust
 1017  Fund as created in this part.
 1018         (9)(8) “Low-income persons” means one or more natural
 1019  persons or a family, the total annual adjusted gross household
 1020  income of which does not exceed 80 percent of the median annual
 1021  adjusted gross income for households within the state, or 80
 1022  percent of the median annual adjusted gross income for
 1023  households within the metropolitan statistical area (MSA) or, if
 1024  not within an MSA, within the county in which the person or
 1025  family resides, whichever is greater.
 1026         (10)(9) “Moderate-income persons” means one or more natural
 1027  persons or a family, the total annual adjusted gross household
 1028  income of which is less than 120 percent of the median annual
 1029  adjusted gross income for households within the state, or 120
 1030  percent of the median annual adjusted gross income for
 1031  households within the metropolitan statistical area (MSA) or, if
 1032  not within an MSA, within the county in which the household is
 1033  located, whichever is greater.
 1034         (10) “Secretary” means the Secretary of Community Affairs.
 1035         Section 24. Subsections (3) and (4) of section 420.606,
 1036  Florida Statutes, are amended to read:
 1037         420.606 Training and technical assistance program.—
 1038         (3) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.—Jobs Florida
 1039  The Department of Community Affairs shall be responsible for
 1040  securing the necessary expertise to provide training and
 1041  technical assistance to staff of local governments, to staff of
 1042  state agencies, as appropriate, and to community-based
 1043  organizations, and to persons forming such organizations, which
 1044  are formed for the purpose of developing new housing and
 1045  rehabilitating existing housing which is affordable for very
 1046  low-income persons, low-income persons, and moderate-income
 1047  persons.
 1048         (a) The training component of the program shall be designed
 1049  to build the housing development capacity of community-based
 1050  organizations and local governments as a permanent resource for
 1051  the benefit of communities in this state.
 1052         1. The scope of training shall include, but not be limited
 1053  to, real estate development skills related to affordable
 1054  housing, including the construction process and property
 1055  management and disposition, the development of public-private
 1056  partnerships to reduce housing costs, model housing projects,
 1057  and management and board responsibilities of community-based
 1058  organizations.
 1059         2. Training activities may include, but are not limited to,
 1060  materials for self-instruction, workshops, seminars,
 1061  internships, coursework, and special programs developed in
 1062  conjunction with state universities and community colleges.
 1063         (b) The technical assistance component of the program shall
 1064  be designed to assist applicants for state-administered programs
 1065  in developing applications and in expediting project
 1066  implementation. Technical assistance activities for the staffs
 1067  of community-based organizations and local governments who are
 1068  directly involved in the production of affordable housing may
 1069  include, but are not limited to, workshops for program
 1070  applicants, onsite visits, guidance in achieving project
 1071  completion, and a newsletter to community-based organizations
 1072  and local governments.
 1073         (4) POWERS.—Jobs Florida The Department of Community
 1074  Affairs may do all things necessary or appropriate to carry out
 1075  the purposes of this section, including exercising the power to:
 1076         (a) Enter into contracts and agreements with the Federal
 1077  Government or with other agencies of the state, with local
 1078  governments, or with any other person, association, corporation,
 1079  or entity;
 1080         (b) Seek and accept funding from any public or private
 1081  source; and
 1082         (c) Adopt and enforce rules consistent with this section.
 1083         Section 25. Subsection (5) of section 420.609, Florida
 1084  Statutes, is amended to read:
 1085         420.609 Affordable Housing Study Commission.—Because the
 1086  Legislature firmly supports affordable housing in Florida for
 1087  all economic classes:
 1088         (5) The commission shall review, evaluate, and make
 1089  recommendations regarding existing and proposed housing programs
 1090  and initiatives. The commission shall provide these and any
 1091  other housing recommendations to the Commissioner secretary of
 1092  Jobs Florida the Department of Community Affairs and the
 1093  executive director of the corporation.
 1094         Section 26. Subsection (2) of section 420.622, Florida
 1095  Statutes, is amended to read:
 1096         420.622 State Office on Homelessness; Council on
 1097  Homelessness.—
 1098         (2) The Council on Homelessness is created to consist of a
 1099  17-member council of public and private agency representatives
 1100  who shall develop policy and advise the State Office on
 1101  Homelessness. The council members shall be: the Secretary of
 1102  Children and Family Services, or his or her designee; the
 1103  Commissioner Secretary of Jobs Florida Community Affairs, or his
 1104  or her designee, to advise the council on issues related to
 1105  rural development; the State Surgeon General, or his or her
 1106  designee; the Executive Director of Veterans’ Affairs, or his or
 1107  her designee; the Secretary of Corrections, or his or her
 1108  designee; the Secretary of Health Care Administration, or his or
 1109  her designee; the Commissioner of Education, or his or her
 1110  designee; the Director of Workforce Florida, Inc., or his or her
 1111  designee; one representative of the Florida Association of
 1112  Counties; one representative from the Florida League of Cities;
 1113  one representative of the Florida Supportive Housing Coalition;
 1114  the Executive Director of the Florida Housing Finance
 1115  Corporation, or his or her designee; one representative of the
 1116  Florida Coalition for the Homeless; and four members appointed
 1117  by the Governor. The council members shall be volunteer, nonpaid
 1118  persons and shall be reimbursed for travel expenses only. The
 1119  appointed members of the council shall be appointed to staggered
 1120  2-year terms, and the council shall meet at least four times per
 1121  year. The importance of minority, gender, and geographic
 1122  representation must be considered when appointing members to the
 1123  council.
 1124         Section 27. Subsections (2) and (7) of section 420.631,
 1125  Florida Statutes, are amended to read:
 1126         420.631 Definitions relating to Urban Homesteading Act.—As
 1127  used in ss. 420.630-420.635:
 1128         (2) “Department” means Jobs Florida the Department of
 1129  Community Affairs.
 1130         (7) “Office” means the Office of Urban Opportunity within
 1131  Jobs Florida the Department of Community Affairs.
 1132         Section 28. Section 420.9073, Florida Statutes, is amended
 1133  to read:
 1134         420.9073 Local housing distributions.—
 1135         (1) Distributions calculated in this section shall be
 1136  disbursed on a quarterly or more frequent basis by the
 1137  corporation pursuant to s. 420.9072, subject to availability of
 1138  funds. One-third Each county’s share of the funds appropriated
 1139  to the corporation to be distributed from the portion of the
 1140  funds in the Local Government Housing Trust Fund received
 1141  pursuant to s. 201.15(9) shall be distributed calculated by the
 1142  corporation for each fiscal year as follows:
 1143         (a) Each county other than a county that has implemented
 1144  the provisions of chapter 83-220, Laws of Florida, as amended by
 1145  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
 1146  receive the guaranteed amount for each fiscal year.
 1147         (b) Each county other than a county that has implemented
 1148  the provisions of chapter 83-220, Laws of Florida, as amended by
 1149  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
 1150  receive an additional share calculated as follows:
 1151         1. Multiply each county’s percentage of the total state
 1152  population excluding the population of any county that has
 1153  implemented the provisions of chapter 83-220, Laws of Florida,
 1154  as amended by chapters 84-270, 86-152, and 89-252, Laws of
 1155  Florida, by the total funds to be distributed.
 1156         2. If the result in subparagraph 1. is less than the
 1157  guaranteed amount as determined in subsection (3), that county’s
 1158  additional share shall be zero.
 1159         3. For each county in which the result in subparagraph 1.
 1160  is greater than the guaranteed amount as determined in
 1161  subsection (3), the amount calculated in subparagraph 1. shall
 1162  be reduced by the guaranteed amount. The result for each such
 1163  county shall be expressed as a percentage of the amounts so
 1164  determined for all counties. Each such county shall receive an
 1165  additional share equal to such percentage multiplied by one
 1166  third of the total funds appropriated to the corporation from
 1167  received by the Local Government Housing Trust Fund pursuant to
 1168  s. 201.15(9) reduced by the guaranteed amount paid to all
 1169  counties.
 1170         (2) Distributions calculated in this section shall be
 1171  disbursed on a quarterly or more frequent basis by the
 1172  corporation pursuant to s. 420.9072, subject to availability of
 1173  funds. Two-thirds Each county’s share of the funds appropriated
 1174  to the corporation to be distributed from the portion of the
 1175  funds in the Local Government Housing Trust Fund received
 1176  pursuant to s. 201.15(10) shall be distributed calculated by the
 1177  corporation for each fiscal year as follows:
 1178         (a) Each county shall receive the guaranteed amount for
 1179  each fiscal year.
 1180         (b) Each county may receive an additional share calculated
 1181  as follows:
 1182         1. Multiply each county’s percentage of the total state
 1183  population, by the total funds to be distributed.
 1184         2. If the result in subparagraph 1. is less than the
 1185  guaranteed amount as determined in subsection (3), that county’s
 1186  additional share shall be zero.
 1187         3. For each county in which the result in subparagraph 1.
 1188  is greater than the guaranteed amount, the amount calculated in
 1189  subparagraph 1. shall be reduced by the guaranteed amount. The
 1190  result for each such county shall be expressed as a percentage
 1191  of the amounts so determined for all counties. Each such county
 1192  shall receive an additional share equal to this percentage
 1193  multiplied by two-thirds of the total funds appropriated from
 1194  received by the Local Government Housing Trust Fund pursuant to
 1195  s. 201.15(10) as reduced by the guaranteed amount paid to all
 1196  counties.
 1197         (3) Calculation of guaranteed amounts:
 1198         (a) The guaranteed amount under subsection (1) shall be
 1199  $116,667. calculated for each state fiscal year by multiplying
 1200  $350,000 by a fraction, the numerator of which is the amount of
 1201  funds distributed to the Local Government Housing Trust Fund
 1202  pursuant to s. 201.15(9) and the denominator of which is the
 1203  total amount of funds distributed to the Local Government
 1204  Housing Trust Fund pursuant to s. 201.15.
 1205         (b) The guaranteed amount under subsection (2) shall be
 1206  $233,333. calculated for each state fiscal year by multiplying
 1207  $350,000 by a fraction, the numerator of which is the amount of
 1208  funds distributed to the Local Government Housing Trust Fund
 1209  pursuant to s. 201.15(10) and the denominator of which is the
 1210  total amount of funds distributed to the Local Government
 1211  Housing Trust Fund pursuant to s. 201.15.
 1212         (4) Funds distributed pursuant to this section may not be
 1213  pledged to pay debt service on any bonds.
 1214         (5) Notwithstanding subsections (1)-(4), the corporation
 1215  may withhold up to $5 million of the total amount distributed
 1216  each fiscal year from the Local Government Housing Trust Fund to
 1217  provide additional funding to counties and eligible
 1218  municipalities where a state of emergency has been declared by
 1219  the Governor pursuant to chapter 252. Any portion of the
 1220  withheld funds not distributed by the end of the fiscal year
 1221  shall be distributed as provided in subsections (1) and (2).
 1222         (6) Notwithstanding subsections (1)-(4), the corporation
 1223  may withhold up to $5 million from the total amount distributed
 1224  each fiscal year from the Local Government Housing Trust Fund to
 1225  provide funding to counties and eligible municipalities to
 1226  purchase properties subject to a State Housing Initiative
 1227  Partnership Program lien and on which foreclosure proceedings
 1228  have been initiated by any mortgagee. Each county and eligible
 1229  municipality that receives funds under this subsection shall
 1230  repay such funds to the corporation not later than the
 1231  expenditure deadline for the fiscal year in which the funds were
 1232  awarded. Amounts not repaid shall be withheld from the
 1233  subsequent year’s distribution. Any portion of such funds not
 1234  distributed under this subsection by the end of the fiscal year
 1235  shall be distributed as provided in subsections (1) and (2).
 1236         (7) A county receiving local housing distributions under
 1237  this section or an eligible municipality that receives local
 1238  housing distributions under an interlocal agreement shall expend
 1239  those funds in accordance with the provisions of ss. 420.907
 1240  420.9079, rules of the corporation, and the county’s local
 1241  housing assistance plan.
 1242         Section 29. Section 420.9079, Florida Statutes, is amended
 1243  to read:
 1244         420.9079 Local Government Housing Trust Fund.—
 1245         (1) There is created in the State Treasury the Local
 1246  Government Housing Trust Fund, which shall be administered by
 1247  the corporation on behalf of the department according to the
 1248  provisions of ss. 420.907-420.9076 and this section. There shall
 1249  be deposited into the fund all moneys appropriated by the
 1250  Legislature a portion of the documentary stamp tax revenues as
 1251  provided in s. 201.15, moneys received from any other source for
 1252  the purposes of ss. 420.907-420.9076 and this section, and all
 1253  proceeds derived from the investment of such moneys. Moneys in
 1254  the fund that are not currently needed for the purposes of the
 1255  programs administered pursuant to ss. 420.907-420.9076 and this
 1256  section shall be deposited with the Treasury to the credit of
 1257  the fund and may be invested as provided by law. The interest
 1258  received on any such investment shall be credited to the General
 1259  Revenue Fund.
 1260         (2) The corporation shall administer the fund exclusively
 1261  for the purpose of implementing the programs described in ss.
 1262  420.907-420.9076 and this section. With the exception of
 1263  monitoring the activities of counties and eligible
 1264  municipalities to determine local compliance with program
 1265  requirements, the corporation shall not receive appropriations
 1266  from the fund for administrative or personnel costs. For the
 1267  purpose of implementing the compliance monitoring provisions of
 1268  s. 420.9075(9), the corporation may request a maximum of one
 1269  quarter of 1 percent of the annual appropriation per state
 1270  fiscal year. When such funding is appropriated, the corporation
 1271  shall deduct the amount appropriated prior to calculating the
 1272  local housing distribution pursuant to ss. 420.9072 and
 1273  420.9073.
 1274         Section 30. Section 201.0205, Florida Statutes, is amended
 1275  to read:
 1276         201.0205 Counties that have implemented ch. 83-220;
 1277  inapplicability of 10-cent tax increase by s. 2, ch. 92-317,
 1278  Laws of Florida.—The 10-cent tax increase in the documentary
 1279  stamp tax levied by s. 2, chapter 92-317, does not apply to
 1280  deeds and other taxable instruments relating to real property
 1281  located in any county that has implemented the provisions of
 1282  chapter 83-220, Laws of Florida, as amended by chapters 84-270,
 1283  86-152, and 89-252, Laws of Florida. Each such county and each
 1284  eligible jurisdiction within such county shall not be eligible
 1285  to participate in programs funded pursuant to s. 420.9073(1) s.
 1286  201.15(9). However, each such county and each eligible
 1287  jurisdiction within such county shall be eligible to participate
 1288  in programs funded pursuant to s. 420.9073(2) s. 201.15(10).
 1289         Section 31. This act shall take effect July 1, 2011.