Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. SB 1852
       
       
       
       
       
       
                                Barcode 290824                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/F/2R          .                                
             04/25/2013 11:41 AM       .                                
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       Senator Soto moved the following:
       
    1         Senate Substitute for Amendment (754392) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. (1) The nonrecurring sum of $58,080,474 is
    7  appropriated from the Local Government Housing Trust Fund to the
    8  Department of Economic Opportunity for the 2013-2014 fiscal year
    9  for transfer to the Florida Housing Finance Corporation (FHFC)
   10  to fund the State Housing Initiative Program (SHIP). The FHFC
   11  shall allocate the funding to all eligible counties and cities.
   12  Except as otherwise specified in this section, local governments
   13  must use this funding according to the SHIP statute and rules
   14  and within the parameters of their adopted local housing
   15  assistance plan.
   16         (2) All funding appropriated in this section must be used
   17  for the following strategies that assist households and
   18  communities that have been affected by foreclosures, using
   19  existing housing stock:
   20         (a) Approximately $28 million must be used in assisting
   21  with purchases of existing housing, with or without
   22  rehabilitation.
   23         (b) Approximately $20 million must be used toward rental
   24  deposit assistance for homeowners who have lost their home in
   25  foreclosure.
   26         (c) Approximately $10 million must be used toward providing
   27  rental deposit assistance for seniors who have lost their home
   28  due to foreclosure.
   29         (3) Of the funding provided in this section, each local
   30  government must use a minimum of 20 percent of its allocation to
   31  serve persons with special needs as defined in s. 420.0004,
   32  Florida Statutes. Before this portion of the allocation is
   33  released by FHFC, a local government must submit an existing or
   34  new local housing assistance plan strategy for this purpose to
   35  the FHFC for approval to ensure that it meets these
   36  specifications. The first priority of these special needs funds
   37  must be to use them for persons with developmental, hearing,
   38  visual, or mobility disabilities, with an emphasis on home
   39  modifications, including technological enhancements and devices,
   40  which will allow homeowners to remain independent in their own
   41  homes and maintain their homeownership.
   42         (4) Local governments may not use more than 3 percent of
   43  their allocations under this section for administrative costs.
   44         Section 2. The nonrecurring sum of $10 million is
   45  appropriated from the State Housing Trust Fund to the Department
   46  of Economic Opportunity for the 2013-2014 fiscal year for
   47  transfer to the Florida Housing Finance Corporation to fund the
   48  rehabilitation and preservation of public housing units provided
   49  under chapter 421 and to specifically target the units of low
   50  income and very-low-income persons affected by foreclosure for
   51  upgrades and improvements. The funding must be administered as a
   52  grant program.
   53         Section 3. (1) The nonrecurring sum of $40 million is
   54  appropriated from the State Housing Trust Fund to the Department
   55  of Economic Opportunity for the 2013-2014 fiscal year for
   56  transfer to the Florida Housing Finance Corporation (FHFC) to
   57  fund the State Apartment Incentive Loan Program (SAIL). This
   58  appropriation must be spent over the next 3 years for
   59  administrative expenses associated with implementing this act,
   60  as follows: $16.67 million in each of the first two years and
   61  $16.66 million in the third year.
   62         (2) Each SAIL development that receives funds under this
   63  section must include up to 15 percent but not less than 5
   64  percent of its units designed, constructed, and targeted for
   65  individuals with developmental, hearing, visual, or mobility
   66  disabilities. Each development shall be required to enter into
   67  agreements with the local Center for Independent Living, Agency
   68  for Persons with Disabilities, or other such agency approved by
   69  FHFC, for the purpose of coordinating services and housing for
   70  individuals with disabilities.
   71         (3) Affordable housing units in each development which are
   72  in addition to those required under subsection (2) shall provide
   73  reduced-rent units to serve tenants who are elderly, as defined
   74  in s. 420.0004, Florida Statutes, and tenants who are extremely
   75  low-income persons (ELI), as defined in s. 420.0004, Florida
   76  Statutes. To the extent possible, ELI units should be part of
   77  FHFC’s existing Link Initiative in which developers set aside
   78  units for special needs households, including households with
   79  persons affected by foreclosure, persons with disabilities,
   80  homeless families, youth aging out of foster care, frail elders,
   81  and survivors of domestic violence who are receiving community
   82  based supportive services and who are referred by a supportive
   83  services agency in the community where the property is located.
   84         Section 4. The nonrecurring sum of $9 million is
   85  appropriated from the State Housing Trust Fund to the Department
   86  of Economic Opportunity for the 2013-2014 fiscal year for
   87  transfer to the Florida Housing Finance Corporation. This
   88  appropriation must be spent in annual $3 million increments over
   89  the next 3 years for administrative expenses associated with
   90  implementing this act.
   91         Section 5. The nonrecurring sum of $12 million is
   92  appropriated from the State Housing Trust Fund to the Department
   93  of Economic Opportunity for the 2013-2014 fiscal year for
   94  transfer to the Florida Housing Finance Corporation for the
   95  Florida Hardest-Hit Fund. This appropriation must be spent in
   96  annual $4 million increments over the next 3 years for
   97  administrative expenses associated with implementing this
   98  section.
   99         Section 6. The nonrecurring sum of $15 million is
  100  appropriated from the State Housing Trust Fund to the Department
  101  of Economic Opportunity for the 2013-2014 fiscal year for
  102  transfer to the Florida Housing Finance Corporation (FHFC) to
  103  fund a competitive grant program to provide housing for homeless
  104  persons affected by the foreclosure crisis. The FHFC shall award
  105  funds on a competitive basis to private nonprofit organizations
  106  to purchase and renovate existing houses to be used by
  107  extremely-low-income homeless persons who have been affected by
  108  the foreclosure crisis. Funds may also be awarded to private
  109  nonprofit organizations to construct small specialty housing of
  110  10 units or fewer for homeless families affected by the
  111  foreclosure crisis. This appropriation must be spent in annual
  112  $5 million increments over the next 3 years for administrative
  113  expenses associated with implementing this section.
  114         Section 7. The nonrecurring sum of $18 million is
  115  appropriated from the State Housing Trust Fund to the Department
  116  of Economic Opportunity for the 2013-2014 fiscal year for
  117  transfer to the Florida Housing Finance Corporation for
  118  foreclosure counseling programs. This appropriation must be
  119  spent in annual $6 million increments over the next 3 years.
  120         Section 8. The nonrecurring sum of $36 million is
  121  appropriated from the General Revenue Fund to the Department of
  122  Legal Affairs, Office of the Attorney General, for the 2013-2014
  123  fiscal year to contract with regional legal aid service
  124  providers to provide legal aid services to low-income and
  125  moderate-income homeowners facing foreclosure. Administrative
  126  costs or fees may not be collected or used by the Office of the
  127  Attorney General, any association, or any foundation for
  128  providing such services with the funds appropriated in this
  129  section. This appropriation must be spent in annual $12 million
  130  increments over the next 3 years.
  131         Section 9. The Legislature finds that there is a need for a
  132  promotional campaign to increase consumer awareness of
  133  affordable housing availability and housing assistance
  134  opportunities as outlined in this act. To this end, the Office
  135  of the Attorney General may establish, coordinate, and promote
  136  such an advertising campaign, which may include public relations
  137  activities and contracting with media representatives for the
  138  purpose of dispersing promotional materials and providing
  139  opportunities for consumer assistance. The nonrecurring sum of
  140  $2 million is appropriated from the General Revenue Fund to the
  141  Department of Legal Affairs, Office of the Attorney General, for
  142  the 2013-2014 fiscal year for this purpose.
  143         Section 10. The appropriations in this act are contingent
  144  upon the deposit of $200,080,474 into the state treasury from
  145  the escrow account created as a result of the consent judgment
  146  entered into by the Florida Attorney General on April 4, 2012,
  147  in the case of United States of America v. Bank of America
  148  Corp., No. 305 12-0361-RMC, in the United States District Court
  149  for the District of Columbia. Of the $200,080,474, the following
  150  amounts shall be deposited into the specified funds in the state
  151  treasury: $58,080,474 shall be deposited into the Local
  152  Government Housing Trust Fund in the Department of Economic
  153  Opportunity; $104 million shall be deposited into the State
  154  Housing Trust Fund in the Department of Economic Opportunity;
  155  and $38 million shall be deposited into the General Revenue
  156  Fund.
  157         Section 11. This act shall take effect upon becoming a law.
  158  
  159  ================= T I T L E  A M E N D M E N T ================
  160         And the title is amended as follows:
  161         Delete everything before the enacting clause
  162  and insert:
  163                        A bill to be entitled                      
  164         An act relating to funding from the National Mortgage
  165         Settlement; providing appropriations from the Local
  166         Government Housing Trust Fund and the State Housing
  167         Trust Fund to the Department of Economic Opportunity
  168         for specified purposes; providing appropriations from
  169         the General Revenue Fund to the Department of Legal
  170         Affairs, Office of the Attorney General, for specified
  171         purposes and providing legislative findings; providing
  172         that the appropriations of this act are contingent
  173         upon the deposit of a specified sum into the state
  174         treasury as a result of a specified consent judgment;
  175         providing an effective date.