ENROLLED 2013 Legislature SB 1852, 1st Engrossed 20131852er 1 2 An act relating to funding from the National Mortgage 3 Settlement; providing an appropriation from the 4 General Revenue Fund to the Florida Prepaid Tuition 5 Scholarship Program to purchase 2-year dormitory 6 residence advance payment contracts for certain 7 students; providing an appropriation from the General 8 Revenue Fund to the state courts system to provide 9 technology solutions to expedite foreclosure cases 10 through the judicial process; providing an 11 appropriation from the General Revenue Fund to the 12 state courts system to provide certain supplemental 13 resources; providing an appropriation from the General 14 Revenue Fund to the clerks of the court to assist and 15 support the courts in expediting the processing of 16 backlogged foreclosure cases; providing an 17 appropriation from the General Revenue Fund to the 18 Office of the Attorney General to provide legal aid 19 services to low- and moderate-income homeowners facing 20 foreclosure; providing an appropriation from the 21 General Revenue Fund to the Department of Children and 22 Families to fund capital improvement grants for 23 certified domestic violence centers; providing an 24 appropriation from the General Revenue Fund to the 25 Department of Economic Opportunity to provide a grant 26 to Habitat for Humanity of Florida for certain 27 purposes; providing requirements for Habitat for 28 Humanity of Florida; providing financial audit 29 reporting requirements; requiring certain funds to be 30 repaid by Habitat for Humanity of Florida to the 31 Department of Financial Services for deposit into the 32 State Housing Trust Fund; providing an appropriation 33 from the General Revenue Fund to the Florida Housing 34 Finance Corporation to provide funding to reduce rents 35 on new or existing rental units through the State 36 Apartment Incentive Loan Program; providing an 37 appropriation from the General Revenue Fund to the 38 Department of Economic Opportunity for specified 39 purposes; providing requirements for the expenditure, 40 disbursement, and transfer to the State Housing Trust 41 Fund of certain appropriated funds; providing a 42 contingent effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Notwithstanding the funding match provisions in 47 s. 1009.984(2), Florida Statutes, the nonrecurring sum of 48 $9,117,895 is appropriated from the General Revenue Fund to the 49 Florida Prepaid Tuition Scholarship Program as established in s. 50 1009.984, Florida Statutes, in order for Take Stock in Children, 51 Inc., to purchase 2-year dormitory residence advance payment 52 contracts for eligible students who are in grades 10 and 11 53 during the 2012-2013 school year and have been selected to 54 participate in the scholarship program. 55 Section 2. The nonrecurring sum of $5,262,579 is 56 appropriated from the General Revenue Fund to the state courts 57 system to provide technology solutions that expedite foreclosure 58 cases through the judicial process. Such technology solutions 59 must enable judges and staff to effectively use electronic 60 documents when disposing of foreclosure cases, produce orders 61 electronically, provide for electronic calendaring, serve orders 62 electronically, and generate case management reports. All 63 technology enhancements to expedite mortgage foreclosure cases 64 must be completed in accordance with the standards set by the 65 Florida Court Technology Commission regarding functionality as 66 outlined in the Case Processing Application Standards. 67 Section 3. The nonrecurring sum of $16 million is 68 appropriated from the General Revenue Fund to the state courts 69 system to provide supplemental resources, including, but not 70 limited to, additional senior judge days and temporary case 71 management staff in the trial courts to reduce the backlog of 72 pending foreclosure cases. 73 Section 4. The nonrecurring sum of $9.7 million is 74 appropriated from the General Revenue Fund to the clerks of the 75 court to enhance levels of service to assist and support the 76 courts in expediting the processing of backlogged foreclosure 77 cases. 78 Section 5. The nonrecurring sum of $10 million is 79 appropriated from the General Revenue Fund to the Office of the 80 Attorney General, who must contract directly with regional legal 81 aid service providers to provide legal aid services to low 82 income and moderate-income homeowners facing foreclosure. 83 Administrative costs or fees may not be collected or used by the 84 Office of the Attorney General, any association, or any 85 foundation for providing services with the funds appropriated in 86 this section. 87 Section 6. The nonrecurring sum of $10 million is 88 appropriated from the General Revenue Fund in a fixed capital 89 outlay appropriation category to the Department of Children and 90 Families for capital improvement grants to certified domestic 91 violence centers in accordance with s. 39.9055, Florida 92 Statutes. The Florida Coalition Against Domestic Violence shall 93 serve as the lead entity to create a competitive request for 94 proposals with the primary focus of increasing bed space and 95 expanding capacity of emergency shelter services. Award 96 decisions shall be completed within 60 days after the effective 97 date of this act. 98 Section 7. (1) The nonrecurring sum of $20 million is 99 appropriated from the General Revenue Fund to the Department of 100 Economic Opportunity to provide a grant to Habitat for Humanity 101 of Florida for the acquisition and rehabilitation or 102 reconstruction of existing housing stock to provide affordable 103 housing to low-income applicants. Habitat for Humanity of 104 Florida may use up to 1 percent of the grant award for direct 105 administrative costs. 106 (2) Habitat for Humanity of Florida shall provide 107 compliance and oversight for the grant award and shall: 108 (a) Provide to the Department of Economic Opportunity the 109 name and contact information for the Habitat for Humanity of 110 Florida compliance officer, to be updated within 10 business 111 days after any change. 112 (b) Develop a request for proposals to be released to the 113 58 Habitat for Humanity of Florida affiliates no later than 60 114 days after the effective date of this act. The request for 115 proposals shall be limited to projects that undertake the 116 acquisition and rehabilitation or reconstruction of existing 117 housing stock and provide affordable housing to low-income 118 applicants. 119 (c) Use the grant award within 2 years, the start date of 120 which is 30 days after the request for proposals is released to 121 the 58 Habitat for Humanity of Florida affiliates. 122 (d) Provide the 58 Habitat for Humanity of Florida 123 affiliates a minimum of 30 days to respond to the request for 124 proposals. 125 (e) Establish a volunteer committee of at least six members 126 from any of the 58 Habitat for Humanity of Florida affiliates to 127 evaluate and rank project proposals received and determine 128 project awards based on that evaluation and ranking. 129 1. Project awards shall be provided on a cost-reimbursement 130 basis for work completed and paid for by the Habitat for 131 Humanity of Florida affiliate for a qualifying home that was 132 acquired and rehabilitated or reconstructed for a low-income 133 applicant. 134 2. The Habitat for Humanity of Florida compliance officer 135 is responsible for verifying that all project work is completed 136 and has been paid for by the Habitat for Humanity of Florida 137 affiliate before a cost reimbursement. 138 3. A Habitat for Humanity of Florida affiliate may not 139 receive cost reimbursements in excess of 10 percent of the total 140 appropriation, except that an affiliate may receive cost 141 reimbursements in excess of 10 percent during the second year if 142 the only project proposals remaining are from Habitat for 143 Humanity of Florida affiliates that have reached the 10-percent 144 cap. 145 (f) Provide technical support and assistance for the use of 146 grant award funds by the Habitat for Humanity of Florida 147 affiliates, which shall not exceed 2 percent of the grant award. 148 (g) Submit a quarterly progress report to the Department of 149 Economic Opportunity within 30 days after the end of each 150 quarter until all grant award funds have been expended. The 151 quarterly progress report shall include, but need not be limited 152 to: 153 1. Events occurring during the quarter, or anticipated to 154 occur in the near future, which affect the ability of Habitat 155 for Humanity of Florida to use the grant award for the intended 156 purpose pursuant to this section. 157 2. Action plans for addressing any policy and 158 administrative issues. 159 3. Habitat for Humanity of Florida efforts related to 160 collecting and verifying data. 161 4. Data collected and verified, such as the number of 162 existing housing stock acquired and rehabilitated or 163 reconstructed for the quarter and to date, the number of 164 requests for proposals received, and income data on applicants 165 who are using the provided housing. 166 5. Grant award data disaggregated by recipient and 167 activity, such as technical support and assistance, direct 168 administrative costs, housing acquisition, and housing 169 rehabilitation or reconstruction. 170 6. Activities related to technical support and assistance. 171 7. The name of each volunteer committee member and his or 172 her Habitat for Humanity of Florida affiliate. 173 8. Progress toward meeting the goal of spending the full 174 grant award within 2 years, the start date of which is 30 days 175 after the request for proposals is released to the 58 Habitat 176 for Humanity of Florida affiliates. 177 (h) Submit annually by September 1 to the Department of 178 Economic Opportunity a financial audit performed by an 179 independent certified public accountant for the most recently 180 completed fiscal year which establishes that no material 181 weaknesses or instances of material noncompliance exist. 182 (3) The Department of Economic Opportunity shall submit a 183 copy of each financial audit from Habitat for Humanity of 184 Florida to the President of the Senate and the Speaker of the 185 House of Representatives within 15 days after its receipt. 186 (4) Any funds that are not expended or encumbered by June 187 30, 2015, and any funds that were deemed encumbered on June 30, 188 2015, and not expended by September 30, 2015, shall be repaid by 189 Habitat for Humanity of Florida to the Department of Financial 190 Services for deposit into the State Housing Trust Fund within 191 the Department of Economic Opportunity. A final audit shall be 192 submitted to the Department of Economic Opportunity by January 193 30, 2016, for any expenditures made after June 30, 2015. 194 Section 8. The nonrecurring sum of $50 million is 195 appropriated from the General Revenue Fund to the Department of 196 Economic Opportunity for transfer to the Florida Housing Finance 197 Corporation (FHFC) to provide funding to reduce rents on new or 198 existing rental units through the State Apartment Incentive Loan 199 Program created under s. 420.5087, Florida Statutes. 200 Notwithstanding s. 420.5087, Florida Statutes, $25 million of 201 these funds shall be reserved for rental units for the elderly 202 as defined in s. 420.0004, Florida Statutes, and $25 million 203 shall be reserved for rental units for extremely-low-income 204 persons as defined in s. 420.0004, Florida Statutes. 205 Section 9. (1) The nonrecurring sum of $10 million is 206 appropriated from the General Revenue Fund to the Department of 207 Economic Opportunity for transfer to the Florida Housing Finance 208 Corporation (FHFC) to fund the construction or rehabilitation of 209 units through the State Apartment Incentive Loan Program (SAIL). 210 (2) Each SAIL development that receives funds under this 211 section must include up to 25 percent, but not less than 10 212 percent, of its units designed, constructed, and targeted for 213 persons with developmental disabilities as defined in s. 214 393.063, Florida Statutes. Each development shall be required to 215 enter into an agreement with at least one designated supportive 216 services lead agency, such as the local Center for Independent 217 Living, the Agency for Persons with Disabilities, or any other 218 such agency approved by FHFC, for the purpose of coordinating 219 services and housing for persons with disabilities. 220 Section 10. (1) The nonrecurring sum of $40 million is 221 appropriated from the General Revenue Trust Fund to the 222 Department of Economic Opportunity for transfer to the Florida 223 Housing Finance Corporation (FHFC) to fund the State Housing 224 Initiative Program (SHIP). The FHFC shall allocate the funding 225 to all eligible counties and cities. Except as otherwise 226 specified in this section, local governments must use this 227 funding according to the SHIP statute and rules and within the 228 parameters of their adopted local housing assistance plan. 229 (2) All funding appropriated under this section must be 230 targeted for one or more of the following strategies: 231 (a) Rehabilitating or modifying owner-occupied houses, 232 including blighted homes or neighborhoods. 233 (b) Assisting with purchases of existing housing, with or 234 without rehabilitation. 235 (c) Providing housing counseling services. 236 (d) Providing lease-purchase assistance. 237 (e) Implementing strategies approved by FHFC which are 238 related to assisting households and communities impacted by 239 foreclosures, using existing housing stock. 240 (3) Of the funding provided in this section, each local 241 government must use a minimum of 20 percent of its allocation to 242 serve persons with special needs as defined in s. 420.0004, 243 Florida Statutes. Before this portion of the allocation is 244 released by FHFC, a local government must certify that it will 245 meet this requirement through existing approved strategies in 246 the local assistance plan or submit a new local housing 247 assistance plan strategy for this purpose to the FHFC for 248 approval to ensure that it meets these specifications. The first 249 priority of these special needs funds must be to use them for 250 persons with developmental disabilities as defined in s. 251 393.063, Florida Statutes, with an emphasis on home 252 modifications, including technological enhancements and devices, 253 which will allow homeowners to remain independent in their own 254 homes and maintain their homeownership. 255 (4) Local governments may not use more than 3 percent of 256 their allocations under this section for administrative costs. 257 Section 11. The nonrecurring sum of $10 million is 258 appropriated from the General Revenue Fund to the Department of 259 Economic Opportunity for transfer to the Florida Housing Finance 260 Corporation (FHFC) to fund a competitive grant program to 261 provide housing for homeless persons. The FHFC shall award funds 262 on a competitive basis to private nonprofit organizations to 263 purchase and renovate existing houses and to construct small 264 specialty housing of 15 units or fewer for homeless individuals 265 or families, with priority given to extremely-low-income 266 households. 267 Section 12. The nonrecurring sum of $10 million is 268 appropriated from the General Revenue Fund to the Department of 269 Economic Opportunity for transfer to the Florida Housing Finance 270 Corporation (FHFC) to fund a competitive grant program for 271 housing developments designed, constructed, and targeted for 272 persons with developmental disabilities as defined in s. 273 393.063, Florida Statutes. Private nonprofit organizations whose 274 primary mission includes serving persons with developmental 275 disabilities as defined in s. 393.063, Florida Statutes, shall 276 be eligible for these grant funds. Housing projects funded with 277 these grants may include community residential homes as defined 278 in s. 419.001, Florida Statutes, or individual housing units, 279 and may include new construction and renovation of existing 280 housing units. In evaluating proposals for these funds, the FHFC 281 shall consider: the extent to which funds from local and other 282 sources will be used by the applicant to leverage the grant 283 funds provided under this section; employment opportunities and 284 supports that will be available to residents of the proposed 285 housing; a plan for residents to effectively and efficiently 286 access community-based services, resources, and amenities; and 287 partnerships with other supportive services agencies. 288 Section 13. Except as otherwise provided in section 7 of 289 this act, notwithstanding s. 216.301, Florida Statutes, and 290 pursuant to s. 216.351, Florida Statutes, entities to which 291 funds are appropriated pursuant to this act may expend such 292 funds through the 2014-2015 fiscal year. Any funds that are 293 encumbered by June 30, 2015, must be disbursed by September 30, 294 2015. On September 30, 2015, any funds that remain undisbursed 295 must be transferred to the State Housing Trust Fund within the 296 Department of Economic Opportunity. 297 Section 14. This act shall take effect upon the deposit of 298 $200,080,474 into the General Revenue Fund from the escrow 299 account created as a result of the consent judgment entered into 300 by the Attorney General on April 4, 2012, in the case of United 301 States of America, et al. v. Bank of America Corp., et al., No. 302 12-0361-RMC, in the United States District Court for the 303 District of Columbia.