Florida Senate - 2012                                    SB 1996
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03492-12                                          20121996__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Economic
    3         Opportunity; repealing s. 49 of ch. 2011-47, Laws of
    4         Florida; abrogating the future expiration of an
    5         amendment to s. 163.3247(3)(d), F.S., to nullify the
    6         reversion of the text of that paragraph to that in
    7         existence on June 30, 2010; repealing s. 51 of ch.
    8         2011-47, Laws of Florida; abrogating the future
    9         expiration of an amendment to s. 201.15(1)(c)2., F.S.,
   10         to nullify the reversion of the text of that
   11         subparagraph to that in existence on June 30, 2010;
   12         amending s. 420.0005, F.S.; providing for the deposit
   13         of loan repayments, penalties, and other fees and
   14         charges into the State Housing Trust Fund in the State
   15         Treasury; providing that expenditures from the State
   16         Housing Fund for administrative and personnel costs
   17         are subject to appropriation by the Legislature;
   18         requiring that the interest received on investments of
   19         moneys in the State Housing Fund in excess of the
   20         amounts appropriated for the current fiscal year be
   21         credited to the State Housing Trust Fund; prohibiting
   22         funds received by the Florida Housing Finance
   23         Corporation from the United States Treasury or any
   24         other source for the Hardest-Hit Fund program from
   25         being deposited into the State Treasury; providing
   26         that such funds are not subject to appropriation by
   27         the Legislature; amending s. 420.504, F.S.; creating
   28         the Florida Housing Finance Agency within the
   29         Department of Economic Opportunity as a state agency
   30         and instrumentality; revising provisions to conform to
   31         changes made by the act; amending s. 420.507, F.S.;
   32         revising the powers of the Florida Housing Finance
   33         Corporation; providing for certain moneys to be
   34         deposited into the State Housing Trust Fund or the
   35         Federal Grants Trust Fund, as appropriate; requiring
   36         that the corporation expend funds from the Federal
   37         Grants Trust Fund as appropriated by the Legislature;
   38         deleting provisions that exempt the corporation from
   39         certain state budgetary requirements; deleting a
   40         provision that authorizes the corporation to retain
   41         unused operational expenditures; amending s. 420.508,
   42         F.S.; providing for the deposit of certain moneys into
   43         the State Housing Trust Fund or the Federal Grants
   44         Trust Fund, as appropriate; requiring that
   45         expenditures from the Florida Housing Finance
   46         Corporation Fund be included in the corporation’s
   47         budget request and be subject to appropriation by the
   48         Legislature; amending s. 420.5087, F.S.; revising
   49         provisions relating to the State Apartment Incentive
   50         Loan Program; conforming a cross-reference; deleting
   51         an obsolete provision; requiring that loan repayments
   52         and certain proceeds be accounted for by the
   53         corporation and be deposited into the State Housing
   54         Trust Fund; deleting a provision that prohibits loan
   55         repayments and certain proceeds from reverting to the
   56         General Revenue Fund; requiring that expenditures from
   57         the State Apartment Incentive Loan Fund be included in
   58         the corporation’s budget request and be subject to
   59         appropriation by the Legislature; authorizing the use
   60         of certain funds for construction in fiscal years
   61         subsequent to the fiscal years for which the funds
   62         were appropriated, upon approval by the Legislative
   63         Budget Commission; requiring that the corporation
   64         account for certain funds and deposit them into the
   65         State Housing Trust Fund; prohibiting the corporation
   66         from transferring funds for its loan loss insurance
   67         reserve except upon approval of a budget amendment by
   68         the Legislative Budget Commission; amending s.
   69         420.5088, F.S.; revising provisions relating to the
   70         Florida Homeownership Assistance Program; deleting an
   71         obsolete provision; requiring that the corporation
   72         account for certain moneys deposited into the State
   73         Housing Trust Fund; requiring that expenditures from
   74         the Florida Homeownership Assistance Fund be included
   75         in the corporation’s budget request and be subject to
   76         appropriation by the Legislature; amending s.
   77         420.5089, F.S.; revising provisions relating to the
   78         HOME Investment Partnership Program; deleting an
   79         obsolete provision; requiring that the corporation
   80         account for certain moneys deposited into the State
   81         Housing Trust Fund; authorizing the corporation to use
   82         certain funds for construction in fiscal years
   83         subsequent to the fiscal years for which the funds
   84         were appropriated, upon the approval of a budget
   85         amendment by the Legislative Budget Commission;
   86         providing for certain funds to be deposited into the
   87         State Housing Trust Fund; amending s. 420.5091, F.S.;
   88         revising provisions relating to the HOPE Program;
   89         providing for the deposit of certain funds into the
   90         State Housing Trust Fund; amending s. 420.5092, F.S.;
   91         revising provisions relating to the Florida Affordable
   92         Housing Guarantee Program; authorizing the use of
   93         certain funds to support the Florida Affordable
   94         Housing Guarantee Program; prohibiting the corporation
   95         from issuing new guarantees for the payment of any
   96         affordable housing project, beginning July 1, 2012;
   97         requiring that all guarantee fund earnings,
   98         recoveries, and other funds received in conjunction
   99         with the guarantee fund be deposited into the
  100         guarantee fund; providing that such funds are not
  101         subject to appropriation by the Legislature; amending
  102         s. 420.525, F.S.; revising provisions relating to the
  103         Housing Predevelopment Fund; deleting an obsolete
  104         provision; requiring that expenditures from the
  105         Housing Predevelopment Fund be included in the
  106         corporation’s budget request and be subject to
  107         appropriation by the Legislature; authorizing the use
  108         certain funds for predevelopment activities in fiscal
  109         years subsequent to the fiscal years for which the
  110         funds were appropriated, upon approval of a budget
  111         amendment by the Legislative Budget Commission;
  112         requiring that the corporation account for certain
  113         moneys to be deposited into the State Housing Trust
  114         Fund; deleting a provision that prohibits certain
  115         funds, loan repayments, proceeds from reverting to the
  116         General Revenue Fund; amending ss. 420.526 and
  117         420.529, F.S.; requiring that the corporation account
  118         for certain moneys to be repaid to or deposited into
  119         the State Housing Trust Fund; amending s. 420.9079,
  120         F.S.; providing for the deposit of certain moneys into
  121         the Local Government Housing Trust Fund; requiring
  122         that the interest on invested funds be credited to the
  123         Local Government Housing Trust Fund; amending s.
  124         443.036, F.S.; revising the definition of the term
  125         “initial skills review” to correct a reference to the
  126         agency that approves online education or training
  127         programs as the Department of Economic Opportunity
  128         rather than the Agency for Workforce Innovation;
  129         amending s. 445.009, F.S.; deleting the future
  130         expiration of provisions authorizing worker’s
  131         compensation coverage for a participant in an adult or
  132         youth work experience activity; repealing s. 445.06,
  133         F.S., relating to the Florida Ready to Work
  134         Certification Program; amending s. 1003.4285, F.S.;
  135         deleting a provision that requires a standard high
  136         school diploma to include a designation reflecting a
  137         Florida Ready to Work Credential, to conform to
  138         changes made by the act; directing the Department of
  139         Economic Opportunity to prepare draft legislation to
  140         conform the Florida Statutes to the provisions of the
  141         act; requiring that the department submit the draft
  142         legislation to the Governor and the Legislature by a
  143         specified date; amending s. 212.20, F.S.; requiring
  144         that the Department of Revenue distribute monthly to
  145         the Florida Institute of Technology a specified amount
  146         for the purpose of operating a space exploration
  147         research institute; requiring that the Florida
  148         Institute of Technology develop a plan for the space
  149         exploration research institute in conjunction with
  150         Space Florida; authorizing a local governmental entity
  151         that is an independent special district providing
  152         certain utility services to reduce its rates by
  153         resolution for a specified time for a user that will
  154         provide a community benefit; providing that the
  155         governmental entity may purchase fuel under the same
  156         conditions enjoyed by municipalities and counties;
  157         providing effective dates.
  158  
  159  Be It Enacted by the Legislature of the State of Florida:
  160  
  161         Section 1. Section 49 of chapter 2011-47, Laws of Florida,
  162  is repealed.
  163         Section 2. Section 51 of chapter 2011-47, Laws of Florida,
  164  is repealed.
  165         Section 3. Section 420.0005, Florida Statutes, is amended
  166  to read:
  167         420.0005 State Housing Trust Fund; State Housing Fund.—
  168         (1) There is hereby established in the State Treasury a
  169  separate trust fund to be named the “State Housing Trust Fund.”
  170  There shall be deposited in the fund all moneys appropriated by
  171  the Legislature, or moneys received from any other source, for
  172  the purpose of this chapter, including all loan repayments,
  173  penalties, and other fees and charges accruing to the fund under
  174  this chapter, and all proceeds derived from the use of such
  175  moneys. The fund shall be administered by the Florida Housing
  176  Finance Corporation on behalf of the department, as specified in
  177  this chapter. Money deposited to the fund and appropriated by
  178  the Legislature must, notwithstanding the provisions of chapter
  179  216 or s. 420.504(3), be transferred quarterly in advance, to
  180  the extent available, or, if not so available, as soon as
  181  received into the State Housing Trust Fund, and subject to the
  182  provisions of s. 420.5092(6)(a) and (b) by the Chief Financial
  183  Officer to the corporation upon certification by the executive
  184  director of the Department of Economic Opportunity that the
  185  corporation is in compliance with the requirements of s.
  186  420.0006. The certification made by the executive director
  187  secretary shall also include the split of funds among programs
  188  administered by the corporation and the department as specified
  189  in chapter 92-317, Laws of Florida, as amended. Moneys advanced
  190  by the Chief Financial Officer must be deposited by the
  191  corporation into a separate fund established with a qualified
  192  public depository meeting the requirements of chapter 280 to be
  193  named the “State Housing Fund,or into the appropriate fund
  194  established with a qualified public depository meeting the
  195  requirements of chapter 280 as specified in the General
  196  Appropriations Act, and used for the purposes of this chapter.
  197  Administrative and personnel costs incurred in implementing this
  198  chapter may be paid from the State Housing Fund, as appropriated
  199  by the Legislature but such costs may not exceed 5 percent of
  200  the moneys deposited into such fund. To the State Housing Fund
  201  shall be credited all loan repayments, penalties, and other fees
  202  and charges accruing to such fund under this chapter. It is the
  203  intent of this chapter that all loan repayments, penalties, and
  204  other fees and charges collected be credited in full to the
  205  program account from which the loan originated. Moneys in the
  206  State Housing Fund, or other funds specified in the General
  207  Appropriations Act, which are in excess of the amounts
  208  appropriated for the current fiscal year and are not
  209  contractually obligated which are not currently needed for the
  210  purposes of this chapter shall be deposited with the State
  211  Treasury to the credit of the State Housing Trust Fund and may
  212  be invested in such manner as is provided for by statute. The
  213  interest received on any such investment shall be credited to
  214  the State Housing Trust Fund.
  215         (2) Notwithstanding subsection (1), all funds received by
  216  the Florida Housing Finance Corporation from the United States
  217  Treasury or from any other source for the Hardest-Hit Fund
  218  program, established pursuant to the Emergency Economic
  219  Stabilization Act of 2008, may not be deposited into the State
  220  Treasury and are not subject to appropriation by the
  221  Legislature.
  222         Section 4. Effective July 1, 2013, section 420.504, Florida
  223  Statutes, is amended to read:
  224         420.504 Agency Public corporation; creation, membership,
  225  terms, expenses.—
  226         (1) There is created within the Department of Economic
  227  Opportunity a state agency and instrumentality that shall be
  228  public corporation and a public body corporate and politic, to
  229  be known as the “Florida Housing Finance Agency Corporation.” It
  230  is declared to be the intent of and constitutional construction
  231  by the Legislature that the Florida Housing Finance Corporation
  232  constitutes an entrepreneurial public corporation organized to
  233  provide and promote the public welfare by administering the
  234  governmental function of financing or refinancing housing and
  235  related facilities in Florida and that the corporation is not a
  236  department of the executive branch of state government within
  237  the scope and meaning of s. 6, Art. IV of the State
  238  Constitution, but is functionally related to the Department of
  239  Economic Opportunity in which it is placed. The executive
  240  function of state government to be performed by the executive
  241  director of the Department of Economic Opportunity in the
  242  conduct of the business of the Florida Housing Finance
  243  Corporation must be performed pursuant to a contract to monitor
  244  and set performance standards for the implementation of the
  245  business plan for the provision of housing approved for the
  246  corporation as provided in s. 420.0006. This contract shall
  247  include the performance standards for the provision of
  248  affordable housing in Florida established in the business plan
  249  described in s. 420.511.
  250         (2) The corporation is constituted as a public
  251  instrumentality, and the exercise by the corporation of the
  252  power conferred by this act is considered to be the performance
  253  of an essential public function. The corporation is an agency
  254  for the purposes of s. 120.52 and is a state agency for purposes
  255  of s. 159.807(4). The corporation is subject to chapter 119,
  256  subject to exceptions applicable to the corporation, and to the
  257  provisions of chapter 286; however, the corporation shall be
  258  entitled to provide notice of internal review committee meetings
  259  for competitive proposals or procurement to applicants by mail,
  260  facsimile, or publication on an Internet website, rather than by
  261  means of publication. The corporation is not governed by chapter
  262  607 or chapter 617, but by the provisions of this part. If for
  263  any reason the establishment of the corporation is deemed in
  264  violation of law, such provision is severable and the remainder
  265  of this act remains in full force and effect.
  266         (2)(3)The corporation is a separate budget entity and is
  267  not subject to control, supervision, or direction by the
  268  Department of Economic Opportunity in any manner, including, but
  269  not limited to, personnel, purchasing, transactions involving
  270  real or personal property, and budgetary matters. The agency
  271  corporation shall consist of a board of directors composed of
  272  the executive director of the Department of Economic Opportunity
  273  as an ex officio and voting member, or a senior-level agency
  274  employee designated by the director, and eight members appointed
  275  by the Governor subject to confirmation by the Senate from the
  276  following:
  277         (a) One citizen actively engaged in the residential home
  278  building industry.
  279         (b) One citizen actively engaged in the banking or mortgage
  280  banking industry.
  281         (c) One citizen who is a representative of those areas of
  282  labor engaged in home building.
  283         (d) One citizen with experience in housing development who
  284  is an advocate for low-income persons.
  285         (e) One citizen actively engaged in the commercial building
  286  industry.
  287         (f) One citizen who is a former local government elected
  288  official.
  289         (g) Two citizens of the state who are not principally
  290  employed as members or representatives of any of the groups
  291  specified in paragraphs (a)-(f).
  292         (3)(4)(a) Members of the agency’s board corporation shall
  293  be appointed for terms of 4 years, except that any vacancy shall
  294  be filled for the unexpired term.
  295         (b) Subject to removal or reinstatement of the member by
  296  the Senate, the Governor may suspend a member for cause,
  297  including, but not limited to, failure to attend at least 3
  298  meetings of the board during any 12-month period.
  299         (4)(5) The chair and a vice chair shall be elected annually
  300  by the members thereof. Any additional officers, who need not be
  301  members, as may be deemed necessary by the members of the agency
  302  corporation may be designated and elected by the members
  303  thereof.
  304         (5)(6) A member of the agency’s board may not of directors
  305  of the corporation shall receive no compensation for his or her
  306  services but is shall be entitled to the necessary expenses,
  307  including per diem and travel expenses, incurred in the
  308  discharge of his or her duties, as provided by law.
  309         (6)(7) Each member of the agency’s board of directors of
  310  the corporation shall file full and public disclosure of
  311  financial interests at the times and places and in the same
  312  manner required of elected constitutional officers under s. 8,
  313  Art. II of the State Constitution and any law implementing s. 8,
  314  Art. II of the State Constitution.
  315         (7)(8) The agency corporation is an agency a corporation
  316  primarily acting as an instrumentality of the state, within the
  317  meaning of s. 768.28.
  318         Section 5. Present subsections (32) through (47) of section
  319  420.507, Florida Statutes, are redesignated as subsections (31)
  320  through (46), respectively, subsections (10), (28), and (30) of
  321  that section are amended, and present subsections (31) and (33)
  322  of that section are amended, to read:
  323         420.507 Powers of the corporation.—The corporation shall
  324  have all the powers necessary or convenient to carry out and
  325  effectuate the purposes and provisions of this part, including
  326  the following powers which are in addition to all other powers
  327  granted by other provisions of this part:
  328         (10) To contract for and to accept gifts, grants, loans, or
  329  other aid from the United States Government or any person or
  330  corporation which, except as otherwise expressly provided by
  331  law, shall be deposited into the State Housing Trust Fund or the
  332  Federal Grants Trust Fund, as appropriate, for expenditure as
  333  appropriated by the Legislature.
  334         (28) To expend amounts appropriated by the Legislature
  335  advanced from the State Housing Trust Fund for the purposes of
  336  this part.
  337         (30) To prepare and submit to the executive director
  338  secretary of the department a budget request for purposes of the
  339  corporation, which request shall, notwithstanding the provisions
  340  of chapter 216 and in accordance with s. 216.351, contain a
  341  request for operational expenditures and separate requests for
  342  other authorized corporation programs. The request shall not be
  343  required to contain information on the number of employees,
  344  salaries, or any classification thereof, and the approved
  345  operating budget therefor need not comply with s. 216.181(8)
  346  (10). The executive director secretary is authorized to include
  347  within the department’s budget request the corporation’s budget
  348  request in the form as authorized by this section.
  349         (31) Notwithstanding the provisions of s. 216.301, to
  350  retain any unused operational expenditure appropriation for
  351  other lawful purposes of the corporation.
  352         (32)(33) To receive federal funding in connection with the
  353  corporation’s programs directly from the Federal Government,
  354  which, except as otherwise expressly provided by law, shall be
  355  deposited into the Federal Grants Trust Fund for expenditure as
  356  appropriated by the Legislature, and to receive federal funds
  357  for which a no corresponding program has not been created in
  358  statute and establish selection criteria for such funds by
  359  request for proposals or other competitive solicitation.
  360         Section 6. Subsection (5) of section 420.508, Florida
  361  Statutes, is amended to read:
  362         420.508 Special powers; multifamily and single-family
  363  projects.—The corporation shall have the special power to:
  364         (5) Establish with a qualified depository meeting the
  365  requirements of chapter 280, a separate fund to be known as the
  366  “Florida Housing Finance Corporation Fund,” to be administered
  367  by the corporation in accordance with the purposes of this
  368  chapter. All fees collected by the corporation directly from the
  369  Federal Government for administration of the United States
  370  Department of Housing and Urban Development Section 8 housing
  371  program, all annual administrative fees collected by trustees
  372  for bond programs and remitted to the corporation, all expense
  373  fees related to costs of bond issuance collected by trustees and
  374  remitted to the corporation, and all tax credit program fees
  375  must be deposited into the State Housing Trust Fund or the
  376  Federal Grants Trust Fund, as appropriate, in the State Treasury
  377  fund. The Florida Housing Finance Corporation Fund shall be used
  378  utilized for the purposes of the corporation, including payment
  379  of administrative expenses. Expenditures from the Florida
  380  Housing Finance Corporation Fund shall not be required to be
  381  included in the corporation’s budget request and are or be
  382  subject to appropriation by the Legislature.
  383         Section 7. Paragraph (c) of subsection (6) and subsections
  384  (7) and (8) of section 420.5087, Florida Statutes, are amended
  385  to read:
  386         420.5087 State Apartment Incentive Loan Program.—There is
  387  hereby created the State Apartment Incentive Loan Program for
  388  the purpose of providing first, second, or other subordinated
  389  mortgage loans or loan guarantees to sponsors, including for
  390  profit, nonprofit, and public entities, to provide housing
  391  affordable to very-low-income persons.
  392         (6) On all state apartment incentive loans, except loans
  393  made to housing communities for the elderly to provide for
  394  lifesafety, building preservation, health, sanitation, or
  395  security-related repairs or improvements, the following
  396  provisions shall apply:
  397         (c) The corporation shall provide by rule for the
  398  establishment of a review committee composed of the department
  399  and corporation staff and shall establish by rule a scoring
  400  system for evaluation and competitive ranking of applications
  401  submitted in this program, including, but not limited to, the
  402  following criteria:
  403         1. Tenant income and demographic targeting objectives of
  404  the corporation.
  405         2. Targeting objectives of the corporation which will
  406  ensure an equitable distribution of loans between rural and
  407  urban areas.
  408         3. Sponsor’s agreement to reserve the units for persons or
  409  families who have incomes below 50 percent of the state or local
  410  median income, whichever is higher, for a time period to exceed
  411  the minimum required by federal law or the provisions of this
  412  part.
  413         4. Sponsor’s agreement to reserve more than:
  414         a. Twenty percent of the units in the project for persons
  415  or families who have incomes that do not exceed 50 percent of
  416  the state or local median income, whichever is higher; or
  417         b. Forty percent of the units in the project for persons or
  418  families who have incomes that do not exceed 60 percent of the
  419  state or local median income, whichever is higher, without
  420  requiring a greater amount of the loans as provided in this
  421  section.
  422         5. Provision for tenant counseling.
  423         6. Sponsor’s agreement to accept rental assistance
  424  certificates or vouchers as payment for rent.
  425         7. Projects requiring the least amount of a state apartment
  426  incentive loan compared to overall project cost except that the
  427  share of the loan attributable to units serving extremely-low
  428  income persons shall be excluded from this requirement.
  429         8. Local government contributions and local government
  430  comprehensive planning and activities that promote affordable
  431  housing.
  432         9. Project feasibility.
  433         10. Economic viability of the project.
  434         11. Commitment of first mortgage financing.
  435         12. Sponsor’s prior experience.
  436         13. Sponsor’s ability to proceed with construction.
  437         14. Projects that directly implement or assist welfare-to
  438  work transitioning.
  439         15. Projects that reserve units for extremely-low-income
  440  persons.
  441         16. Projects that include green building principles, storm
  442  resistant construction, or other elements that reduce long-term
  443  costs relating to maintenance, utilities, or insurance.
  444         17. Job-creation rate of the developer and general
  445  contractor, as provided in s. 420.507(46) s. 420.507(47).
  446         (7) There is authorized to be established by the
  447  corporation with a qualified public depository meeting the
  448  requirements of chapter 280 a separate fund to be named the
  449  “State Apartment Incentive Loan Fund,” which shall be
  450  administered by the corporation according to the provisions of
  451  this program. Any amounts held in the State Apartment Incentive
  452  Loan Trust Fund for such purpose as of January 1, 1998, must be
  453  transferred to the corporation for deposit in the State
  454  Apartment Incentive Loan Fund and the State Apartment Incentive
  455  Loan Trust Fund must be closed. There shall be deposited into
  456  the fund moneys from the State Housing Trust Fund as created by
  457  s. 420.0005, or moneys received from any other source, for the
  458  purpose of this program and all proceeds derived from the use of
  459  such moneys. However In addition, all loan repayments, proceeds
  460  from the sale of any property, and any other proceeds that would
  461  otherwise accrue pursuant to the activities conducted under the
  462  provisions of the State Apartment Incentive Loan Program shall
  463  be accounted for by the corporation and deposited into in the
  464  State Housing Trust Fund in the State Treasury fund and shall
  465  not revert to the General Revenue Fund. Expenditures from the
  466  State Apartment Incentive Loan Fund shall not be required to be
  467  included in the corporation’s budget request and are or be
  468  subject to appropriation by the Legislature. If the construction
  469  period extends beyond a loan commitment for program funds is
  470  entered into during the state fiscal year for which the program
  471  funds are were appropriated, or the fiscal year in which the
  472  loan commitment is entered, the funds may shall continue to be
  473  used in a subsequent fiscal year upon the approval of a budget
  474  amendment for such funds by the Legislative Budget Commission
  475  made available for use during the entire construction period,
  476  even if it extends beyond the state fiscal year in which the
  477  loan commitment was entered.
  478         (8) If a default on a loan occurs, the corporation may
  479  foreclose on any mortgage or security interest or commence any
  480  legal action to protect the interest of the corporation or the
  481  fund and recover the amount of the unpaid principal, accrued
  482  interest, and fees on behalf of the fund. The corporation may
  483  acquire real and personal property or any interest therein when
  484  that acquisition is necessary or appropriate to protect any
  485  loan; to sell, transfer, and convey any such property to a buyer
  486  without regard to the provisions of chapters 253 and 270; and,
  487  if that sale, transfer, or conveyance cannot be effected within
  488  a reasonable time, to lease such property for occupancy by
  489  eligible persons. All sums recovered from the sale, transfer,
  490  conveyance, or lease of such property shall be accounted for by
  491  the corporation and deposited into the State Housing Trust
  492  Apartment Incentive Loan Fund in the State Treasury. The
  493  corporation may not transfer funds for its loan loss insurance
  494  reserve except upon approval of a budget amendment for such
  495  funds by the Legislative Budget Commission.
  496         Section 8. Subsection (4) of section 420.5088, Florida
  497  Statutes, is amended to read:
  498         420.5088 Florida Homeownership Assistance Program.—There is
  499  created the Florida Homeownership Assistance Program for the
  500  purpose of assisting low-income and moderate-income persons in
  501  purchasing a home as their primary residence by reducing the
  502  cost of the home with below-market construction financing, by
  503  reducing the amount of down payment and closing costs paid by
  504  the borrower to a maximum of 5 percent of the purchase price, or
  505  by reducing the monthly payment to an affordable amount for the
  506  purchaser. Loans shall be made available at an interest rate
  507  that does not exceed 3 percent. The balance of any loan is due
  508  at closing if the property is sold, refinanced, rented, or
  509  transferred, unless otherwise approved by the corporation.
  510         (4) There is authorized to be established by the
  511  corporation with a qualified public depository meeting the
  512  requirements of chapter 280 the Florida Homeownership Assistance
  513  Fund to be administered by the corporation according to the
  514  provisions of this program. Any amounts held in the Florida
  515  Homeownership Assistance Trust Fund for such purposes as of
  516  January 1, 1998, must be transferred to the corporation for
  517  deposit in the Florida Homeownership Assistance Fund, whereupon
  518  the Florida Homeownership Assistance Trust Fund must be closed.
  519  There shall be deposited in the fund moneys from the State
  520  Housing Trust Fund created by s. 420.0005, or moneys received
  521  from any other source, for the purpose of this program and all
  522  proceeds derived from the use of such moneys. However In
  523  addition, all unencumbered funds, loan repayments, proceeds from
  524  the sale of any property, and any other proceeds that would
  525  otherwise accrue pursuant to the activities of the programs
  526  described in this section shall be accounted for by the
  527  corporation and deposited into the State Housing Trust Fund in
  528  the State Treasury transferred to this fund. In addition, all
  529  loan repayments, proceeds from the sale of any property, and any
  530  other proceeds that would otherwise accrue pursuant to the
  531  activities conducted under the provisions of the Florida
  532  Homeownership Assistance Program shall be accounted for by the
  533  corporation and deposited into in the State Housing Trust Fund
  534  in the State Treasury fund and shall not revert to the General
  535  Revenue Fund. Expenditures from the Florida Homeownership
  536  Assistance Fund shall not be required to be included in the
  537  corporation’s budget request and are or be subject to
  538  appropriation by the Legislature.
  539         Section 9. Subsections (1) and (10) of section 420.5089,
  540  Florida Statutes, are amended to read:
  541         420.5089 HOME Investment Partnership Program; HOME
  542  Investment Partnership Fund.—
  543         (1) There is authorized to be established by the
  544  corporation with a qualified public depository meeting the
  545  requirements of chapter 280 the HOME Investment Partnership
  546  Fund, which shall be administered by the corporation according
  547  to the provisions of the HOME Investment Partnership Program
  548  which is hereby created. Any amounts held in the HOME
  549  Partnership Trust Fund for such purposes as of January 1, 1998,
  550  must be transferred to the corporation for deposit in the HOME
  551  Investment Partnership Fund, whereupon the HOME Partnership
  552  Trust Fund must be closed. There shall be deposited into the
  553  fund moneys appropriated from the State Housing Trust Fund.
  554  However or moneys received from any other source for the purpose
  555  of this program, and all proceeds derived from the use of such
  556  moneys. In addition, all loan repayments, proceeds from the sale
  557  of any property, and any other proceeds that would otherwise
  558  accrue pursuant to the activities conducted under the provisions
  559  of the HOME Investment Partnership Program shall be accounted
  560  for by the corporation and deposited into the State Housing
  561  Trust Fund in the State Treasury fund and shall not revert to
  562  the General Revenue Fund. Expenditures from the HOME Investment
  563  Partnership Fund shall not be required to be included in the
  564  corporation’s budget request and are or be subject to
  565  appropriation by the Legislature. If the construction period
  566  extends beyond the state fiscal year in which the funds are
  567  appropriated, the funds may be used in a subsequent fiscal year
  568  upon the approval of a budget amendment for such funds by the
  569  Legislative Budget Commission.
  570         (10) All sums recovered from the sale, transfer,
  571  conveyance, or lease of such property shall be deposited into
  572  the State Housing Trust HOME Investment Partnership Fund for
  573  expenditure as appropriated by the Legislature.
  574         Section 10. Subsection (1) of section 420.5091, Florida
  575  Statutes, is amended to read:
  576         420.5091 HOPE Program.—
  577         (1) The corporation may adopt rules to implement the HOPE
  578  Program, created by the 1990 National Affordable Housing Act, to
  579  make loans and grants, foreclose on any mortgage or security
  580  interest, or commence any legal action to protect the interest
  581  of the corporation and recover the amount of the unpaid
  582  principal, accrued interest, and fees. The corporation may
  583  acquire real and personal property or any interest in the
  584  property if that acquisition is necessary to protect any loan;
  585  sell, transfer, and convey any such property to a buyer without
  586  regard to the provisions of chapters 253 and 270; and, if that
  587  sale, transfer, or conveyance cannot be effected within a
  588  reasonable time, lease such property for occupancy by eligible
  589  persons. All sums recovered from the sale, transfer, conveyance,
  590  or lease of such property shall be deposited into the State
  591  Housing Trust HOME Investment Partnership Fund in the State
  592  Treasury.
  593         Section 11. Subsection (3) of section 420.5092, Florida
  594  Statutes, is amended, and subsections (12) and (13) are added to
  595  that section, to read:
  596         420.5092 Florida Affordable Housing Guarantee Program.—
  597         (3) Amounts on deposit in the State Housing Trust Fund or
  598  amounts received by the Florida Housing Finance Corporation as
  599  program funds from loan programs funded by state moneys may also
  600  be used to support the Florida Affordable Housing Guarantee
  601  Program. Such use, if any, is in addition to those purposes for
  602  which the State Housing Trust Fund was created, and such moneys
  603  shall be obligated and committed in accordance with the
  604  corporation certification provided for in subsection (6).
  605         (12)Beginning July 1, 2012, the corporation may not issue
  606  new guarantees for the payment of any obligation made to finance
  607  or refinance the purchase, construction, or rehabilitation of
  608  any affordable housing project.
  609         (13) Notwithstanding s. 420.0005 or any other law to the
  610  contrary, all guarantee fund earnings, recoveries, and other
  611  funds received in conjunction with the guarantee fund pursuant
  612  to this section shall be deposited into the guarantee fund and
  613  are not subject to appropriation by the Legislature.
  614         Section 12. Section 420.525, Florida Statutes, is amended
  615  to read:
  616         420.525 Housing Predevelopment Fund.—
  617         (1) There is authorized to be established by the
  618  corporation with a qualified public depository meeting the
  619  requirements of chapter 280 a separate fund to be named the
  620  “Housing Predevelopment Fund” which shall be administered by the
  621  corporation according to the provisions of ss. 420.521-420.529.
  622  Any amounts held in the Housing Predevelopment Trust Fund for
  623  such purposes as of January 1, 1998, must be transferred to the
  624  corporation for deposit in the Housing Predevelopment Fund,
  625  whereupon the Housing Predevelopment Trust Fund must be closed.
  626  There shall be deposited into the fund moneys appropriated from
  627  the State Housing Trust Fund as created by s. 420.0005 or moneys
  628  received from any other source, for the purpose of this program
  629  and all proceeds derived from the use of such moneys.
  630  Administrative and personnel costs incurred in implementing the
  631  provisions of ss. 420.521-420.529 may be paid from the fund.
  632  Expenditures from the Housing Predevelopment Fund shall not be
  633  required to be included in the corporation’s budget request and
  634  are or be subject to appropriation by the Legislature. If the
  635  predevelopment period extends beyond the state fiscal year in
  636  which the funds are appropriated, the funds may be used in a
  637  subsequent fiscal year upon the approval of a budget amendment
  638  for such funds by the Legislative Budget Commission.
  639         (2) All unencumbered funds, loan repayments, proceeds from
  640  the sale of any property, existing funds remaining in the
  641  following programs, and any other proceeds that would otherwise
  642  accrue pursuant to the activities conducted under this program
  643  and the provisions of the following programs shall be accounted
  644  for by the corporation and deposited into in the State Housing
  645  Trust Fund in the State Treasury fund and shall not revert to
  646  the General Revenue Fund:
  647         (a) The Rural Housing Land Acquisition and Site Development
  648  Act;
  649         (b) The Farmworker Housing Assistance Act; and
  650         (c) The Community-Based Organization Loan Program created
  651  by the Affordable Housing Planning and Community Assistance Act.
  652         Section 13. Subsection (5) of section 420.526, Florida
  653  Statutes, is amended to read:
  654         420.526 Predevelopment Loan Program; loans and grants
  655  authorized; activities eligible for support.—
  656         (5) Any funds paid out of the Housing Predevelopment Fund
  657  for activities under ss. 420.521-420.529 which are reimbursed to
  658  the sponsor from another source shall be accounted for by the
  659  corporation and repaid to the State Housing Trust Fund in the
  660  State Treasury for expenditure as appropriated by the
  661  Legislature fund.
  662         Section 14. Section 420.529, Florida Statutes, is amended
  663  to read:
  664         420.529 Default by sponsor.—If a default on a loan occurs,
  665  the corporation may foreclose on any mortgage or security
  666  interest or commence any legal action to protect the interest of
  667  the corporation or the fund and recover the amount of the unpaid
  668  principal, accrued interest, and fees on behalf of the fund. The
  669  corporation may also acquire real and personal property or any
  670  interest in the property if such acquisition is necessary or
  671  appropriate to protect any loan; to sell, transfer, and convey
  672  any such property to a buyer without regard to the provisions of
  673  chapters 253 and 270; and, if such sale, transfer, or conveyance
  674  cannot be effected within a reasonable time, to lease such
  675  property for occupancy by eligible persons. All sums recovered
  676  from the sale, transfer, conveyance, or lease of such property
  677  shall be accounted for by the corporation and deposited into the
  678  State Housing Trust Predevelopment Fund in the State Treasury
  679  for expenditure as appropriated by the Legislature.
  680         Section 15. Subsection (1) of section 420.9079, Florida
  681  Statutes, is amended to read:
  682         420.9079 Local Government Housing Trust Fund.—
  683         (1) There is created in the State Treasury the Local
  684  Government Housing Trust Fund, which shall be administered by
  685  the corporation on behalf of the department according to the
  686  provisions of ss. 420.907-420.9076 and this section. There shall
  687  be deposited into the fund all moneys appropriated by the
  688  Legislature, a portion of the documentary stamp tax revenues as
  689  provided in s. 201.15, moneys received from any other source for
  690  the purposes of ss. 420.907-420.9076 and this section, and all
  691  proceeds derived from the investment of such moneys. Moneys in
  692  the fund that are not currently needed for the purposes of the
  693  programs administered pursuant to ss. 420.907-420.9076 and this
  694  section shall be deposited in the State Treasury to the credit
  695  of the fund and may be invested as provided by law. The interest
  696  received on any such investment shall be credited to the Local
  697  Government Housing Trust Fund.
  698         Section 16. Subsection (26) of section 443.036, Florida
  699  Statutes, is amended to read:
  700         443.036 Definitions.—As used in this chapter, the term:
  701         (26) “Initial skills review” means an online education or
  702  training program, such as that established under s. 1004.99,
  703  that is approved by the Department of Economic Opportunity
  704  Agency for Workforce Innovation and designed to measure an
  705  individual’s mastery level of workplace skills.
  706         Section 17. Subsection (11) of section 445.009, Florida
  707  Statutes, is amended to read:
  708         445.009 One-stop delivery system.—
  709         (11) A participant in an adult or youth work experience
  710  activity administered under this chapter shall be deemed an
  711  employee of the state for purposes of workers’ compensation
  712  coverage. In determining the average weekly wage, all
  713  remuneration received from the employer shall be considered a
  714  gratuity, and the participant is shall not be entitled to any
  715  benefits otherwise payable under s. 440.15, regardless of
  716  whether the participant may be receiving wages and remuneration
  717  from other employment with another employer and regardless of
  718  his or her future wage-earning capacity. This subsection expires
  719  July 1, 2012.
  720         Section 18. Section 445.06, Florida Statutes, is repealed.
  721         Section 19. Subsection (4) of section 1003.4285, Florida
  722  Statutes, is amended to read:
  723         1003.4285 Standard high school diploma designations.—Each
  724  standard high school diploma shall include, as applicable:
  725         (4) A designation reflecting a Florida Ready to Work
  726  Credential in accordance with s. 445.06.
  727         Section 20. The Legislature recognizes that there is a need
  728  to conform the Florida Statutes to the policy decisions
  729  reflected in this act. Therefore, the Department of Economic
  730  Opportunity is directed to prepare draft legislation to conform
  731  the Florida Statutes to the provisions of this act. The
  732  department shall submit the draft legislation to the Governor,
  733  the President of the Senate, and the Speaker of the House of
  734  Representatives on or before October 1, 2012.
  735         Section 21. Paragraph (d) of subsection (6) of section
  736  212.20, Florida Statutes, is amended to read:
  737         212.20 Funds collected, disposition; additional powers of
  738  department; operational expense; refund of taxes adjudicated
  739  unconstitutionally collected.—
  740         (6) Distribution of all proceeds under this chapter and s.
  741  202.18(1)(b) and (2)(b) shall be as follows:
  742         (d) The proceeds of all other taxes and fees imposed
  743  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
  744  and (2)(b) shall be distributed as follows:
  745         1. In any fiscal year, the greater of $500 million, minus
  746  an amount equal to 4.6 percent of the proceeds of the taxes
  747  collected pursuant to chapter 201, or 5.2 percent of all other
  748  taxes and fees imposed pursuant to this chapter or remitted
  749  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
  750  monthly installments into the General Revenue Fund.
  751         2. After the distribution under subparagraph 1., 8.814
  752  percent of the amount remitted by a sales tax dealer located
  753  within a participating county pursuant to s. 218.61 shall be
  754  transferred into the Local Government Half-cent Sales Tax
  755  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
  756  transferred shall be reduced by 0.1 percent, and the department
  757  shall distribute this amount to the Public Employees Relations
  758  Commission Trust Fund less $5,000 each month, which shall be
  759  added to the amount calculated in subparagraph 3. and
  760  distributed accordingly.
  761         3. After the distribution under subparagraphs 1. and 2.,
  762  0.095 percent shall be transferred to the Local Government Half
  763  cent Sales Tax Clearing Trust Fund and distributed pursuant to
  764  s. 218.65.
  765         4. After the distributions under subparagraphs 1., 2., and
  766  3., 2.0440 percent of the available proceeds shall be
  767  transferred monthly to the Revenue Sharing Trust Fund for
  768  Counties pursuant to s. 218.215.
  769         5. After the distributions under subparagraphs 1., 2., and
  770  3., 1.3409 percent of the available proceeds shall be
  771  transferred monthly to the Revenue Sharing Trust Fund for
  772  Municipalities pursuant to s. 218.215. If the total revenue to
  773  be distributed pursuant to this subparagraph is at least as
  774  great as the amount due from the Revenue Sharing Trust Fund for
  775  Municipalities and the former Municipal Financial Assistance
  776  Trust Fund in state fiscal year 1999-2000, no municipality shall
  777  receive less than the amount due from the Revenue Sharing Trust
  778  Fund for Municipalities and the former Municipal Financial
  779  Assistance Trust Fund in state fiscal year 1999-2000. If the
  780  total proceeds to be distributed are less than the amount
  781  received in combination from the Revenue Sharing Trust Fund for
  782  Municipalities and the former Municipal Financial Assistance
  783  Trust Fund in state fiscal year 1999-2000, each municipality
  784  shall receive an amount proportionate to the amount it was due
  785  in state fiscal year 1999-2000.
  786         6. Of the remaining proceeds:
  787         a. In each fiscal year, the sum of $29,915,500 shall be
  788  divided into as many equal parts as there are counties in the
  789  state, and one part shall be distributed to each county. The
  790  distribution among the several counties must begin each fiscal
  791  year on or before January 5th and continue monthly for a total
  792  of 4 months. If a local or special law required that any moneys
  793  accruing to a county in fiscal year 1999-2000 under the then
  794  existing provisions of s. 550.135 be paid directly to the
  795  district school board, special district, or a municipal
  796  government, such payment must continue until the local or
  797  special law is amended or repealed. The state covenants with
  798  holders of bonds or other instruments of indebtedness issued by
  799  local governments, special districts, or district school boards
  800  before July 1, 2000, that it is not the intent of this
  801  subparagraph to adversely affect the rights of those holders or
  802  relieve local governments, special districts, or district school
  803  boards of the duty to meet their obligations as a result of
  804  previous pledges or assignments or trusts entered into which
  805  obligated funds received from the distribution to county
  806  governments under then-existing s. 550.135. This distribution
  807  specifically is in lieu of funds distributed under s. 550.135
  808  before July 1, 2000.
  809         b. The department shall distribute $166,667 monthly
  810  pursuant to s. 288.1162 to each applicant certified as a
  811  facility for a new or retained professional sports franchise
  812  pursuant to s. 288.1162. Up to $41,667 shall be distributed
  813  monthly by the department to each certified applicant as defined
  814  in s. 288.11621 for a facility for a spring training franchise.
  815  However, not more than $416,670 may be distributed monthly in
  816  the aggregate to all certified applicants for facilities for
  817  spring training franchises. Distributions begin 60 days after
  818  such certification and continue for not more than 30 years,
  819  except as otherwise provided in s. 288.11621. A certified
  820  applicant identified in this sub-subparagraph may not receive
  821  more in distributions than expended by the applicant for the
  822  public purposes provided for in s. 288.1162(5) or s.
  823  288.11621(3).
  824         c. Beginning 30 days after notice by the Department of
  825  Economic Opportunity to the Department of Revenue that an
  826  applicant has been certified as the professional golf hall of
  827  fame pursuant to s. 288.1168 and is open to the public, $166,667
  828  shall be distributed monthly, for up to 300 months, to the
  829  applicant.
  830         d. Beginning 30 days after notice by the Department of
  831  Economic Opportunity to the Department of Revenue that the
  832  applicant has been certified as the International Game Fish
  833  Association World Center facility pursuant to s. 288.1169, and
  834  the facility is open to the public, $83,333 shall be distributed
  835  monthly, for up to 168 months, to the applicant. This
  836  distribution is subject to reduction pursuant to s. 288.1169. A
  837  lump sum payment of $999,996 shall be made, after certification
  838  and before July 1, 2000.
  839         e.Beginning 30 days after notice by the Department of
  840  Economic Opportunity to the Department of Revenue that the
  841  Department of Economic Opportunity has approved a plan developed
  842  by the Florida Institute of Technology for establishing a space
  843  exploration research institute, the department must distribute
  844  $416,666 monthly to the Florida Institute of Technology for the
  845  purpose of operating a space exploration research institute.
  846  This amount represents sales and use taxes generated by visitor
  847  activity at the Kennedy Space Center and the Cape Canaveral Air
  848  Force Station. The Florida Institute of Technology shall develop
  849  a plan for the space exploration research institute in
  850  conjunction with Space Florida.
  851         7. All other proceeds must remain in the General Revenue
  852  Fund.
  853         Section 22. If the governing body of a local governmental
  854  entity existing as an independent special district that provides
  855  water, wastewater, and sanitation services in a county having a
  856  population of fewer than 600,000 determines that a new user or
  857  the expansion of an existing user of one or more of its utility
  858  systems will provide a significant benefit to the community in
  859  terms of increased job opportunities, economies of scale, or
  860  economic development in the area, the governing body may
  861  authorize a reduction of its rates, fees, or charges for that
  862  user for a specified period of time. A governing body that
  863  exercises this power must do so by resolution that states the
  864  anticipated economic benefit justifying the reduction as well as
  865  the period of time that the reduction remains in place. The
  866  local governmental entity may also purchase fuel, including, but
  867  not limited to, diesel fuel and gasoline, under the same terms,
  868  conditions, and exemptions enjoyed by municipalities and
  869  counties.
  870         Section 23. Except as otherwise expressly provided in this
  871  act, this act shall take effect July 1, 2012.