Senate Bill sb0294c2
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Florida Senate - 2001 CS for CS for SB 294
By the Committees on Judiciary; Comprehensive Planning, Local
and Military Affairs; and Senators Sanderson and Geller
308-1888-01
1 A bill to be entitled
2 An act relating to housing; amending s.
3 420.503, F.S.; redefining the term "elderly";
4 allowing the Mortgage Revenue Bond Program to
5 be included in the federal fair housing
6 definition of elder housing; amending s.
7 420.5088, F.S.; allowing funds from the
8 Homeowner's Assistance Program to be used for
9 certain programs other than those sponsored by
10 the Florida Housing Finance Corporation;
11 amending s. 420.5092, F.S.; including housing
12 for the homeless in eligible housing under the
13 Florida Affordable Housing Guarantee Program;
14 increasing the cap on the Affordable Housing
15 Guarantee Fund; amending s. 760.29, F.S.;
16 providing that a facility or community claiming
17 an exemption from said act with respect to
18 familial status for housing for older persons
19 shall register with the Florida Commission on
20 Human Relations and affirm compliance with
21 specified requirements; providing for a
22 registration fee; providing for fines; amending
23 s. 760.31, F.S.; providing for rules; providing
24 an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
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28 Section 1. Subsections (15) and (19) of section
29 420.503, Florida Statutes, are amended to read:
30 420.503 Definitions.--As used in this part, the term:
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Florida Senate - 2001 CS for CS for SB 294
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1 (15) "Elderly" means persons 62 years of age or older;
2 however, this subsection does not prohibit housing from being
3 housing for the elderly as defined in this section if the
4 housing otherwise conforms to that definition.
5 (19) "Housing for the elderly" means, for purposes of
6 s. 420.5087(3)(c)2., any nonprofit housing community that is
7 financed by a mortgage loan made or insured by the United
8 States Department of Housing and Urban Development under s.
9 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s.
10 236 of the National Housing Act, as amended, and that is
11 subject to income limitations established by the United States
12 Department of Housing and Urban Development, or any program
13 funded by the Rural Development Agency of the United States
14 Department of Agriculture and subject to income limitations
15 established by the United States Department of Agriculture. A
16 project which qualifies for an exemption under the Fair
17 Housing Act as housing for older persons as defined by s.
18 760.29(4) shall qualify as housing for the elderly for
19 purposes of s. 420.5087(3)(c)2. and for purposes of any loans
20 made under s. 420.508. In addition, if the corporation adopts
21 a qualified allocation plan pursuant to s. 42(m)(1)(B) of the
22 Internal Revenue Code or any other rules that prioritize
23 projects targeting the elderly for purposes of allocating tax
24 credits pursuant to s. 420.5099 or for purposes of the HOME
25 program under s. 420.5089, a project which qualifies for an
26 exemption under the Fair Housing Act as housing for older
27 persons as defined by s. 760.29(4) shall qualify as a project
28 targeted for the elderly, if the project satisfies the other
29 requirements set forth in this part.
30 Section 2. Paragraph (a) of subsection (1) of section
31 420.5088, Florida Statutes, is amended to read:
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1 420.5088 Florida Homeownership Assistance
2 Program.--There is created the Florida Homeownership
3 Assistance Program for the purpose of assisting low-income
4 persons in purchasing a home by reducing the cost of the home
5 with below-market construction financing, by reducing the
6 amount of down payment and closing costs paid by the borrower
7 to a maximum of 5 percent of the purchase price, or by
8 reducing the monthly payment to an affordable amount for the
9 purchaser. Loans shall be made available at an interest rate
10 that does not exceed 3 percent. The balance of any loan is due
11 at closing if the property is sold or transferred.
12 (1) For loans made available pursuant to s.
13 420.507(23)(a)1. or 2.:
14 (a) The corporation may underwrite and make those
15 mortgage loans through the program to persons or families who
16 are eligible to participate in the corporation's single-family
17 mortgage revenue bond programs and who have incomes that do
18 not exceed 80 percent of the state or local median income,
19 whichever is greater, adjusted for family size. If the
20 corporation determines that there is insufficient demand for
21 such loans by persons or families who are eligible to
22 participate in the corporation's single-family mortgage
23 revenue bond programs, the corporation may make such mortgage
24 loans to other persons or families who have incomes that do
25 not exceed 80 percent of the state or local median income,
26 whichever amount is greater.
27 Section 3. Paragraph (d) of subsection (2) and
28 subsection (11) of section 420.5092, Florida Statutes, are
29 amended to read:
30 420.5092 Florida Affordable Housing Guarantee
31 Program.--
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1 (2) As used in this section, the term:
2 (d) "Eligible housing" means any real and personal
3 property designed and intended for the primary purpose of
4 providing decent, safe, and sanitary residential units for
5 homeownership or rental for eligible persons, including
6 specifically housing for the homeless, as determined by the
7 corporation pursuant to rule.
8 (11) The maximum total amount of revenue bonds that
9 may be issued by the corporation pursuant to subsection (5) is
10 $400 $200 million.
11 Section 4. Paragraph (e) is added to subsection (4) of
12 section 760.29, Florida Statutes, to read:
13 760.29 Exemptions.--
14 (4)(a) Any provision of ss. 760.20-760.37 regarding
15 familial status does not apply with respect to housing for
16 older persons.
17 (b) As used in this subsection, the term "housing for
18 older persons" means housing:
19 1. Provided under any state or federal program that
20 the commission determines is specifically designed and
21 operated to assist elderly persons, as defined in the state or
22 federal program;
23 2. Intended for, and solely occupied by, persons 62
24 years of age or older; or
25 3. Intended and operated for occupancy by persons 55
26 years of age or older that meets the following requirements:
27 a. At least 80 percent of the occupied units are
28 occupied by at least one person 55 years of age or older.
29 b. The housing facility or community publishes and
30 adheres to policies and procedures that demonstrate the intent
31 required under this subparagraph. If the housing facility or
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1 community meets the requirements of sub-subparagraphs a. and
2 c. and the recorded governing documents provide for an adult,
3 senior, or retirement housing facility or community and the
4 governing documents lack an amendatory procedure, prohibit
5 amendments, or restrict amendments until a specified future
6 date, then that housing facility or community shall be deemed
7 housing for older persons intended and operated for occupancy
8 by persons 55 years of age or older. If those documents
9 further provide a prohibition against residents 16 years of
10 age or younger, that provision shall be construed, for
11 purposes of the Fair Housing Act, to only apply to residents
12 18 years of age or younger, in order to conform with federal
13 law requirements. Governing documents which can be amended at
14 a future date must be amended and properly recorded within 1
15 year after that date to reflect the requirements for
16 consideration as housing for older persons, if that housing
17 facility or community intends to continue as housing for older
18 persons.
19 c. The housing facility or community complies with
20 rules made by the Secretary of the United States Department of
21 Housing and Urban Development pursuant to 24 C.F.R. part 100
22 for verification of occupancy, which rules provide for
23 verification by reliable surveys and affidavits and include
24 examples of the types of policies and procedures relevant to a
25 determination of compliance with the requirements of
26 sub-subparagraph b. Such surveys and affidavits are
27 admissible in administrative and judicial proceedings for the
28 purposes of such verification.
29 (c) Housing shall not fail to be considered housing
30 for older persons if:
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1 1. A person who resides in such housing on or after
2 October 1, 1989, does not meet the age requirements of this
3 subsection, provided that any new occupant meets such age
4 requirements; or
5 2. One or more units are unoccupied, provided that any
6 unoccupied units are reserved for occupancy by persons who
7 meet the age requirements of this subsection.
8 (d) A person shall not be personally liable for
9 monetary damages for a violation of this subsection if such
10 person reasonably relied in good faith on the application of
11 the exemption under this subsection relating to housing for
12 older persons. For purposes of this paragraph, a person may
13 show good faith reliance on the application of the exemption
14 only by showing that:
15 1. The person has no actual knowledge that the
16 facility or the community is ineligible, or will become
17 ineligible, for such exemption; and
18 2. The facility or community has stated formally, in
19 writing, that the facility or community complies with the
20 requirements for such exemption.
21 (e) A facility or community claiming an exemption
22 under this subsection shall register with the commission and
23 submit a letter to the commission stating that the facility or
24 community complies with the requirements of paragraph (b)1.,
25 2., or 3. The letter shall be submitted on the letterhead of
26 the facility or community and shall be signed by the president
27 of the facility or community. This registration and
28 documentation shall be renewed biennially from the date of
29 original filing. The information in the registry shall be made
30 available to the public, and the commission shall include this
31 information on an Internet web site. The commission may
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1 establish a reasonable registration fee, not to exceed $20,
2 that shall be deposited into the commission's trust fund to
3 defray the administrative costs associated with maintaining
4 the registry. The commission may impose an administrative
5 fine, not to exceed $500, on a facility or community that
6 knowingly submits false information in the documentation
7 required by this paragraph. Such fines shall be deposited in
8 the commission's trust fund. The registration and
9 documentation required by this paragraph shall not substitute
10 for proof of compliance with the requirements of this
11 subsection. Failure to comply with the requirements of this
12 paragraph shall not disqualify a facility or community that
13 otherwise qualifies for the exemption provided in this
14 subsection.
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16 A county or municipal ordinance regarding housing for older
17 persons may not contravene the provisions of this subsection.
18 Section 5. Subsection (5) of section 760.31, Florida
19 Statutes, is amended to read:
20 760.31 Powers and duties of commission.--The
21 commission shall:
22 (5) Adopt rules necessary to implement ss.
23 760.20-760.37 and govern the proceedings of the commission in
24 accordance with chapter 120. Commission rules shall clarify
25 terms used with regard to handicapped accessibility,
26 exceptions from accessibility requirements based on terrain or
27 site characteristics, and requirements related to housing for
28 older persons. Commission rules shall specify the fee and the
29 forms and procedures to be used for the registration required
30 by s. 760.29(4)(e).
31 Section 6. This act shall take effect October 1, 2001.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 294
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4 Amends s. 420.503, F.S., of the Florida Housing Finance
Corporation Act to clarify definitions relating to "elderly"
5 and "housing for the elderly" as applied under this act and to
allow the Mortgage Review Bond Program be included in the
6 definition for elderly housing.
7 Amends s. 420.5088, F.S., of the Florida Housing Finance
Corporation Act to expand the corporation's authority to
8 assist a broader class of homebuyers with financial assistance
under the Florida Homeownership Assistance Program.
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Amends s. 420.5092, F.S., of the Florida Housing Finance
10 Corporation Act to increase its bonding capacity from $200 to
$400 million under the Florida Affordable Housing Guarantee
11 Program.
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