HB 7105

1
A bill to be entitled
2An act relating to review of the Department of Community
3Affairs under the Florida Government Accountability Act;
4reenacting pt. V of ch. 420, F.S., the "Florida Housing
5Finance Corporation Act," consisting of ss. 420.501,
6420.502, 420.503, 420.504, 420.505, 420.506, 420.5061,
7420.507, 420.508, 420.5087, 420.5088, 420.5089, 420.509,
8420.5091, 420.5092, 420.5093, 420.5095, 420.5099, 420.51,
9420.511, 420.512, 420.513, 420.514, 420.515, 420.516,
10420.517, 420.521, 420.522, 420.523, 420.524, 420.525,
11420.526, 420.527, 420.528, 420.529, 420.5295, 420.531, and
12420.55, F.S.; amending s. 420.506, F.S.; providing for the
13appointment of an inspector general of the Florida Housing
14Finance Corporation; providing appointing authority
15thereof; providing duties and responsibilities of the
16inspector general; amending s. 420.0006, F.S.; removing an
17obsolete reference; deleting a duty of the inspector
18general of the Department of Community Affairs to conform
19to changes made by the act; amending s. 20.055, F.S.;
20revising the definitions of "state agency" and "agency
21head" to include the Florida Housing Finance Corporation
22within the state agencies within which the Office of
23Inspector General is established; requiring the inspector
24general to prepare an annual report; amending s. 420.504,
25F.S.; authorizing the Secretary of Community Affairs to
26designate a senior-level agency employee to serve on the
27board of directors of the Florida Housing Finance
28Corporation; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Part V of chapter 420, Florida Statutes, the
33"Florida Housing Finance Corporation Act," consisting of
34sections 420.501, 420.502, 420.503, 420.504, 420.505, 420.506,
35420.5061, 420.507, 420.508, 420.5087, 420.5088, 420.5089,
36420.509, 420.5091, 420.5092, 420.5093, 420.5095, 420.5099,
37420.51, 420.511, 420.512, 420.513, 420.514, 420.515, 420.516,
38420.517, 420.521, 420.522, 420.523, 420.524, 420.525, 420.526,
39420.527, 420.528, 420.529, 420.5295, 420.531, and 420.55,
40Florida Statutes, is reenacted.
41     Section 2.  Section 420.506, Florida Statutes, as
42reenacted, is amended to read:
43     420.506  Executive director; agents and employees;
44inspector general.-
45     (1)  The appointment and removal of an executive director
46shall be by the Secretary of Community Affairs, with the advice
47and consent of the corporation's board of directors. The
48executive director shall employ legal and technical experts and
49such other agents and employees, permanent and temporary, as the
50corporation may require, and shall communicate with and provide
51information to the Legislature with respect to the corporation's
52activities. The board is authorized, notwithstanding the
53provisions of s. 216.262, to develop and implement rules
54regarding the employment of employees of the corporation and
55service providers, including legal counsel. The board of
56directors of the corporation is entitled to establish travel
57procedures and guidelines for employees of the corporation. The
58executive director's office and the corporation's files and
59records must be located in Leon County.
60     (2)  The appointment and removal of an inspector general
61shall be by the executive director, with the advice and consent
62of the corporation's board of directors. The corporation's
63inspector general shall perform for the corporation the
64functions set forth in s. 20.055. The inspector general shall
65administratively report to the executive director. The inspector
66general shall meet the minimum qualifications as set forth s.
6720.055(4). The corporation may establish additional
68qualifications deemed necessary by the board of directors to
69meet the unique needs of the corporation. The inspector general
70shall be responsible for coordinating the responsibilities set
71forth in s. 420.0006.
72     Section 3.  Section 420.0006, Florida Statutes, is
73reenacted and amended to read:
74     420.0006  Authority to contract with corporation; contract
75requirements; nonperformance.-The secretary of the department
76shall contract, notwithstanding the provisions of part I of
77chapter 287, with the Florida Housing Finance Corporation on a
78multiyear basis to stimulate, provide, and foster affordable
79housing in the state. The contract must incorporate the
80performance measures required by s. 420.511 and must be
81consistent with the provisions of the corporation's strategic
82plan prepared in accordance with s. 420.511 and compatible with
83s. 216.0166. The contract must provide that, in the event the
84corporation fails to comply with any of the performance measures
85required by s. 420.511, the secretary shall notify the Governor
86and shall refer the nonperformance to the department's inspector
87general for review and determination as to whether such failure
88is due to forces beyond the corporation's control or whether
89such failure is due to inadequate management of the
90corporation's resources. Advances shall continue to be made
91pursuant to s. 420.0005 during the pendency of the review by the
92department's inspector general. If such failure is due to
93outside forces, it shall not be deemed a violation of the
94contract. If such failure is due to inadequate management, the
95department's inspector general shall provide recommendations
96regarding solutions. The Governor is authorized to resolve any
97differences of opinion with respect to performance under the
98contract and may request that advances continue in the event of
99a failure under the contract due to inadequate management. The
100Chief Financial Officer shall approve the request absent a
101finding by the Chief Financial Officer that continuing such
102advances would adversely impact the state; however, in any event
103the Chief Financial Officer shall provide advances sufficient to
104meet the debt service requirements of the corporation and
105sufficient to fund contracts committing funds from the State
106Housing Trust Fund so long as such contracts are in accordance
107with the laws of this state. The department inspector general
108shall perform for the corporation the functions set forth in s.
10920.055 and report to the secretary of the department. The
110corporation shall be deemed an agency for the purposes of s.
11120.055.
112     Section 4.  Paragraphs (a) and (b) of subsection (1) and
113subsection (7) of section 20.055, Florida Statutes, are amended
114to read:
115     20.055  Agency inspectors general.-
116     (1)  For the purposes of this section:
117     (a)  "State agency" means each department created pursuant
118to this chapter, and also includes the Executive Office of the
119Governor, the Department of Military Affairs, the Fish and
120Wildlife Conservation Commission, the Office of Insurance
121Regulation of the Financial Services Commission, the Office of
122Financial Regulation of the Financial Services Commission, the
123Public Service Commission, the Board of Governors of the State
124University System, the Florida Housing Finance Corporation, and
125the state courts system.
126     (b)  "Agency head" means the Governor, a Cabinet officer, a
127secretary as defined in s. 20.03(5), or an executive director as
128defined in s. 20.03(6). It also includes the chair of the Public
129Service Commission, the Director of the Office of Insurance
130Regulation of the Financial Services Commission, the Director of
131the Office of Financial Regulation of the Financial Services
132Commission, the board of directors of the Florida Housing
133Finance Corporation, and the Chief Justice of the State Supreme
134Court.
135     (7)(a)  Except as provided in paragraph (b), each inspector
136general shall, not later than September 30 of each year, prepare
137an annual report summarizing the activities of the office during
138the immediately preceding state fiscal year.
139     (b)  The inspector general of the Florida Housing Finance
140Corporation shall, not later than 90 days from the end of each
141fiscal year, prepare an annual report summarizing the activities
142of the office of inspector general during the immediately
143preceding fiscal year.
144     (c)  The final reports prepared pursuant to paragraphs (a)
145and (b) report shall be furnished to the heads of the respective
146agencies agency head. Such report shall include, but need not be
147limited to:
148     1.(a)  A description of activities relating to the
149development, assessment, and validation of performance measures.
150     2.(b)  A description of significant abuses and deficiencies
151relating to the administration of programs and operations of the
152agency disclosed by investigations, audits, reviews, or other
153activities during the reporting period.
154     3.(c)  A description of the recommendations for corrective
155action made by the inspector general during the reporting period
156with respect to significant problems, abuses, or deficiencies
157identified.
158     4.(d)  The identification of each significant
159recommendation described in previous annual reports on which
160corrective action has not been completed.
161     5.(e)  A summary of each audit and investigation completed
162during the reporting period.
163     Section 5.  Subsection (3) of section 420.504, Florida
164Statutes, as reenacted, is amended to read:
165     420.504  Public corporation; creation, membership, terms,
166expenses.-
167     (3)  The corporation is a separate budget entity and is not
168subject to control, supervision, or direction by the Department
169of Community Affairs in any manner, including, but not limited
170to, personnel, purchasing, transactions involving real or
171personal property, and budgetary matters. The corporation shall
172consist of a board of directors composed of the Secretary of
173Community Affairs as an ex officio and voting member, or a
174senior-level agency employee designated by the secretary, and
175eight members appointed by the Governor subject to confirmation
176by the Senate from the following:
177     (a)  One citizen actively engaged in the residential home
178building industry.
179     (b)  One citizen actively engaged in the banking or
180mortgage banking industry.
181     (c)  One citizen who is a representative of those areas of
182labor engaged in home building.
183     (d)  One citizen with experience in housing development who
184is an advocate for low-income persons.
185     (e)  One citizen actively engaged in the commercial
186building industry.
187     (f)  One citizen who is a former local government elected
188official.
189     (g)  Two citizens of the state who are not principally
190employed as members or representatives of any of the groups
191specified in paragraphs (a)-(f).
192     Section 6.  This act shall take effect July 1, 2010.


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