Florida Senate - 2019                                    SB 1770
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01514-19                                           20191770__
    1                        A bill to be entitled                      
    2         An act relating to housing trust funds; amending ss.
    3         420.0005 and 420.9079, F.S.; prohibiting the transfer
    4         of money deposited to the State Housing Trust Fund and
    5         Local Government Housing Trust Fund; adding programs
    6         for which the Florida Housing Finance Corporation
    7         shall administer funds from the Local Government
    8         Housing Trust Fund; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) of section 420.0005, Florida
   13  Statutes, is amended to read:
   14         420.0005 State Housing Trust Fund; State Housing Fund.—
   15         (1) There is established in the State Treasury a separate
   16  trust fund to be named the “State Housing Trust Fund.” There
   17  shall be deposited in the fund all moneys appropriated by the
   18  Legislature, or moneys received from any other source, for the
   19  purpose of this chapter, and all proceeds derived from the use
   20  of such moneys. The fund shall be administered by the Florida
   21  Housing Finance Corporation on behalf of the department, as
   22  specified in this chapter, and money deposited to the fund may
   23  not be transferred or used for any other purpose. Money
   24  deposited to the fund and appropriated by the Legislature must,
   25  notwithstanding the provisions of chapter 216 or s. 420.504(3),
   26  be transferred quarterly in advance, to the extent available,
   27  or, if not so available, as soon as received into the State
   28  Housing Trust Fund, and subject to the provisions of s.
   29  420.5092(6)(a) and (b) by the Chief Financial Officer to the
   30  corporation upon certification by the executive director of the
   31  Department of Economic Opportunity that the corporation is in
   32  compliance with the requirements of s. 420.0006. The
   33  certification made by the executive director shall also include
   34  the split of funds among programs administered by the
   35  corporation and the department as specified in chapter 92-317,
   36  Laws of Florida, as amended. Moneys advanced by the Chief
   37  Financial Officer must be deposited by the corporation into a
   38  separate fund established with a qualified public depository
   39  meeting the requirements of chapter 280 to be named the “State
   40  Housing Fund” and used for the purposes of this chapter.
   41  Administrative and personnel costs incurred in implementing this
   42  chapter may be paid from the State Housing Fund, but such costs
   43  may not exceed 5 percent of the moneys deposited into such fund.
   44  To the State Housing Fund shall be credited all loan repayments,
   45  penalties, and other fees and charges accruing to such fund
   46  under this chapter. It is the intent of this chapter that all
   47  loan repayments, penalties, and other fees and charges collected
   48  be credited in full to the program account from which the loan
   49  originated. Moneys in the State Housing Fund which are not
   50  currently needed for the purposes of this chapter shall be
   51  invested in such manner as is provided for by statute. The
   52  interest received on any such investment shall be credited to
   53  the State Housing Fund.
   54         Section 2. Subsections (1) and (2) of section 420.9079,
   55  Florida Statutes, are amended to read:
   56         420.9079 Local Government Housing Trust Fund.—
   57         (1) There is created in the State Treasury the Local
   58  Government Housing Trust Fund, which shall be administered by
   59  the corporation on behalf of the department according to the
   60  provisions of ss. 420.907-420.9076; ss. 420.531, 420.606,
   61  420.622; and this section. There shall be deposited into the
   62  fund a portion of the documentary stamp tax revenues as provided
   63  in s. 201.15, moneys received from any other source for the
   64  purposes of ss. 420.907-420.9076; ss. 420.531, 420.606, 420.622;
   65  and this section, and all proceeds derived from the investment
   66  of such moneys. Moneys in the fund that are not currently needed
   67  for the purposes of the programs administered pursuant to ss.
   68  420.907-420.9076; ss. 420.531, 420.606, 420.622; and this
   69  section shall be deposited to the credit of the fund and may be
   70  invested as provided by law. The interest received on any such
   71  investment shall be credited to the fund.
   72         (2) The corporation shall administer the fund exclusively
   73  for the purpose of implementing the programs described in ss.
   74  420.907-420.9076; ss. 420.531, 420.606, 420.622; and this
   75  section and money deposited to the fund may not be transferred
   76  or used for any other purpose. With the exception of monitoring
   77  the activities of counties and eligible municipalities to
   78  determine local compliance with program requirements, the
   79  corporation shall not receive appropriations from the fund for
   80  administrative or personnel costs. For the purpose of
   81  implementing the compliance monitoring provisions of s.
   82  420.9075(9), the corporation may request a maximum of one
   83  quarter of 1 percent of the annual appropriation per state
   84  fiscal year. When such funding is appropriated, the corporation
   85  shall deduct the amount appropriated prior to calculating the
   86  local housing distribution pursuant to ss. 420.9072 and
   87  420.9073.
   88         Section 3. This act shall take effect July 1, 2019.