HB 1471

1
A bill to be entitled
2An act relating to affordable housing for veterans;
3amending s. 201.15, F.S.; increasing the amount of the
4documentary tax distributed to the State Housing Trust
5Fund; providing that the increased amount is to be used to
6fund loans to veterans for affordable housing through the
7Florida Homeownership Assistance Program; amending s.
8420.5092, F.S.; conforming cross-references; providing an
9appropriation; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (10) of section 201.15, Florida
14Statutes, is amended to read:
15     201.15  Distribution of taxes collected.--All taxes
16collected under this chapter shall be distributed as follows and
17shall be subject to the service charge imposed in s. 215.20(1),
18except that such service charge shall not be levied against any
19portion of taxes pledged to debt service on bonds to the extent
20that the amount of the service charge is required to pay any
21amounts relating to the bonds:
22     (10)  The lesser of eight and sixty-six hundredths percent
23of the remaining taxes collected under this chapter or $156 $136
24million in each fiscal year shall be paid into the State
25Treasury to the credit of the State Housing Trust Fund and shall
26be used as follows:
27     (a)  Twenty million shall be expended to provide affordable
28housing to veterans who qualify for loan assistance available
29through the Florida Homeownership Assistance Program.
30     (b)(a)  Twelve and one-half percent of the that amount
31remaining after the required payment in paragraph (a) shall be
32deposited into the State Housing Trust Fund and be expended by
33the Department of Community Affairs and by the Florida Housing
34Finance Corporation for the purposes for which the State Housing
35Trust Fund was created and exists by law.
36     (c)(b)  Eighty-seven and one-half percent of the that
37amount remaining after the required payment in paragraph (a)
38shall be distributed to the Local Government Housing Trust Fund
39and shall be used for the purposes for which the Local
40Government Housing Trust Fund was created and exists by law.
41Funds from this category may also be used to provide for state
42and local services to assist the homeless.
43     Section 2.  Subsections (5) and (6) of section 420.5092,
44Florida Statutes, are amended to read:
45     420.5092  Florida Affordable Housing Guarantee Program.--
46     (5)  Pursuant to s. 16, Art. VII of the State Constitution,
47the corporation may issue, in accordance with s. 420.509,
48revenue bonds of the corporation to establish the guarantee
49fund. The Such revenue bonds shall be primarily payable from and
50secured by annual debt service reserves, from interest earned on
51funds on deposit in the guarantee fund, from fees, charges, and
52reimbursements established by the corporation for the issuance
53of affordable housing guarantees, and from any other revenue
54source sources received by the corporation and deposited by the
55corporation into the guarantee fund for the issuance of
56affordable housing guarantees. To the extent such primary
57revenue sources are considered insufficient by the corporation,
58pursuant to the certification provided in subsection (6), to
59fully fund the annual debt service reserve, the certified
60deficiency in the such reserve shall be additionally payable
61from the first proceeds of the documentary stamp tax moneys
62deposited into the State Housing Trust Fund pursuant to s.
63201.15(9)(a) and (10)(b) (10)(a) during the ensuing state fiscal
64year.
65     (6)(a)  If the primary revenue sources to be used for the
66repayment of revenue bonds used to establish the guarantee fund
67are insufficient for such repayment, the annual principal and
68interest due on each series of revenue bonds shall be payable
69from funds in the annual debt service reserve. The corporation
70shall, before June 1 of each year, perform a financial audit to
71determine whether, at the end of the state fiscal year, there
72will be on deposit in the guarantee fund an annual debt service
73reserve from interest earned pursuant to the investment of the
74guarantee fund, fees, charges, and reimbursements received from
75issued affordable housing guarantees and other revenue sources
76available to the corporation. Based upon the findings in the
77such guarantee fund financial audit, the corporation shall
78certify to the Chief Financial Officer the amount of any
79projected deficiency in the annual debt service reserve for any
80series of outstanding bonds as of the end of the state fiscal
81year and the amount necessary to maintain the such annual debt
82service reserve. Upon receipt of the such certification, the
83Chief Financial Officer shall transfer to the annual debt
84service reserve, from the first available taxes distributed to
85the State Housing Trust Fund pursuant to s. 201.15(9)(a) and
86(10)(b) (10)(a) during the ensuing state fiscal year, the amount
87certified as necessary to maintain the annual debt service
88reserve.
89     (b)  If the claims payment obligations under affordable
90housing guarantees from amounts on deposit in the guarantee fund
91would cause the claims paying rating assigned to the guarantee
92fund to be less than the third-highest rating classification of
93any nationally recognized rating service, which classifications
94being consistent with s. 215.84(3) and rules adopted thereto by
95the State Board of Administration, the corporation shall certify
96to the Chief Financial Officer the amount of such claims payment
97obligations. Upon receipt of such certification, the Chief
98Financial Officer shall transfer to the guarantee fund, from the
99first available taxes distributed to the State Housing Trust
100Fund pursuant to s. 201.15(9)(a) and (10)(b) (10)(a) during the
101ensuing state fiscal year, the amount certified as necessary to
102meet such obligations, such transfer to be subordinate to any
103transfer referenced in paragraph (a) and not to exceed 50
104percent of the amounts distributed to the State Housing Trust
105Fund pursuant to s. 201.15(9)(a) and (10)(b) (10)(a) during the
106preceding state fiscal year.
107     Section 3.  The sum of $20 million in recurring funds is
108appropriated from the State Housing Trust Fund to the Florida
109Housing Finance Corporation for the 2008-2009 fiscal year, and
110for each fiscal year thereafter, to provide affordable housing
111to veterans who qualify for loan assistance available through
112the Florida Homeownership Assistance Program.
113     Section 4.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.