CS/HB 7227

1
A bill to be entitled
2An act relating to affordable housing; amending s.
3420.5087, F.S.; specifying a percentage of moneys in the
4State Apartment Incentive Loan Fund to be awarded as
5subordinate loan financing for the new construction of
6affordable rental housing developments; providing
7eligibility requirements; providing duties of the Florida
8Housing Development Corporation; prohibiting certain
9persons from serving as financial beneficiaries for any
10applicant or developer of any program funded in part with
11moneys from the State Housing Trust Fund; providing an
12effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsections (9) and (10) are added to section
17420.5087, Florida Statutes, to read:
18     420.5087  State Apartment Incentive Loan Program.-There is
19hereby created the State Apartment Incentive Loan Program for
20the purpose of providing first, second, or other subordinated
21mortgage loans or loan guarantees to sponsors, including for-
22profit, nonprofit, and public entities, to provide housing
23affordable to very-low-income persons.
24     (9)  At least 70 percent of the moneys in the State
25Apartment Incentive Loan Fund in each calendar year shall be
26awarded as subordinate loan financing for the new construction
27of affordable rental housing developments, for which the primary
28source of financing is an allocation of tax-exempt private
29activity bonds issued by the corporation or by a local or
30regional housing finance authority pursuant to part VI of
31chapter 159. Development projects located outside of a 2.5-mile
32radius of a Florida Affordable Housing Guarantee Fund
33development, which has a short-term subordinate mortgage issued
34by the corporation, are eligible to receive subordinate loan
35financing through the corporation. Such subordinate loan
36financing shall be awarded as provided in subsection (6). Before
37the receipt of competitive applications for the award of such
38subordinate loan financing, the corporation shall generate and
39distribute an estimate of the total amount of State Apartment
40Incentive Loan Fund moneys available in the calendar year such
41subordinate loan financing will be awarded. The moneys available
42to be awarded under this subsection shall include program
43income, including principal and interest. A rank-ordered list of
44applications selected for receipt of subordinate loan financing
45shall be presented to the corporation's board of directors.
46     (10)  A financial beneficiary, which is any principal of
47the developer or general partner of an applicant, of any
48development financed in part by the guarantee fund authorized
49under s. 420.5092 which has been foreclosed or is in foreclosure
50or the developer or general partner of the applicant for which
51has defaulted on or after July 1, 2011, on any guarantee fund
52subordinate mortgage or a short-term subordinate mortgage issued
53in accordance with the programs authorized by the corporation,
54may not be a financial beneficiary for any applicant or
55developer of any program funded in part with funds from the
56State Housing Trust Fund for 3 years after the date of the
57foreclosure or default, and must thereafter be approved to
58participate as a financial beneficiary by the corporation's
59board of directors.
60     Section 2.  This act shall take effect July 1, 2011.


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