Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1852
       
       
       
       
       
       
                                Barcode 535062                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/17/2013           .                                
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       The Committee on Appropriations (Smith) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. (1) The nonrecurring sum of $58,580,474 is
    6  appropriated from the Local Government Housing Trust Fund to the
    7  Department of Economic Opportunity for the 2013-2014 fiscal year
    8  for transfer to the Florida Housing Finance Corporation (FHFC)
    9  to fund the State Housing Initiative Program (SHIP). The FHFC
   10  shall allocate the funding to all eligible counties and cities.
   11  Except as otherwise specified in this section, local governments
   12  must use this funding according to the SHIP statute and rules
   13  and within the parameters of their adopted local housing
   14  assistance plan.
   15         (2) All funding appropriated in this section must be used
   16  for the following strategies that assist households and
   17  communities that have been affected by foreclosures, using
   18  existing housing stock:
   19         (a) Approximately $28 million must be used in assisting
   20  with purchases of existing housing, with or without
   21  rehabilitation.
   22         (b) Approximately $20 million must be used toward rental
   23  deposit assistance for homeowners who have lost their home in
   24  foreclosure.
   25         (c) Approximately $10 million must be used toward providing
   26  rental deposit assistance for seniors who have lost their home
   27  due to foreclosure.
   28         (3) Of the funding provided in this section, each local
   29  government must use a minimum of 20 percent of its allocation to
   30  serve persons with special needs as defined in s. 420.0004,
   31  Florida Statutes. Before this portion of the allocation is
   32  released by FHFC, a local government must submit an existing or
   33  new local housing assistance plan strategy for this purpose to
   34  the FHFC for approval to ensure that it meets these
   35  specifications. The first priority of these special needs funds
   36  must be to use them for persons with developmental, hearing,
   37  visual, or mobility disabilities, with an emphasis on home
   38  modifications, including technological enhancements and devices,
   39  which will allow homeowners to remain independent in their own
   40  homes and maintain their homeownership.
   41         (4) Local governments may not use more than 3 percent of
   42  their allocations under this section for administrative costs.
   43         Section 2. (1) The nonrecurring sum of $50 million is
   44  appropriated from the State Housing Trust Fund to the Department
   45  of Economic Opportunity for the 2013-2014 fiscal year for
   46  transfer to the Florida Housing Finance Corporation (FHFC) to
   47  fund the State Apartment Incentive Loan Program (SAIL). This
   48  appropriation must be spent over the next 3 years for
   49  administrative expenses associated with implementing this act,
   50  as follows: $16.67 million in each of the first two years and
   51  $16.66 million in the third year.
   52         (2) Each SAIL development that receives funds under this
   53  section must include up to 15 percent but not less than 5
   54  percent of its units designed, constructed, and targeted for
   55  individuals with developmental, hearing, visual, or mobility
   56  disabilities. Each development shall be required to enter into
   57  agreements with the local Center for Independent Living, Agency
   58  for Persons with Disabilities, or other such agency approved by
   59  FHFC, for the purpose of coordinating services and housing for
   60  individuals with disabilities.
   61         (3) Affordable housing units in each development which are
   62  in addition to those required under subsection (2) shall provide
   63  reduced-rent units to serve tenants who are elderly, as defined
   64  in s. 420.0004, Florida Statutes, and tenants who are extremely
   65  low-income persons (ELI), as defined in s. 420.0004, Florida
   66  Statutes. To the extent possible, ELI units should be part of
   67  FHFC’s existing Link Initiative in which developers set aside
   68  units for special needs households, including households with
   69  persons affected by foreclosure, persons with disabilities,
   70  homeless families, youth aging out of foster care, frail elders,
   71  and survivors of domestic violence who are receiving community
   72  based supportive services and who are referred by a supportive
   73  services agency in the community where the property is located.
   74         Section 3. The nonrecurring sum of $9 million is
   75  appropriated from the State Housing Trust Fund to the Department
   76  of Economic Opportunity for the 2013-2014 fiscal year for
   77  transfer to the Florida Housing Finance Corporation. This
   78  appropriation must be spent in annual $3 million increments over
   79  the next 3 years for administrative expenses associated with
   80  implementing this act.
   81         Section 4. The nonrecurring sum of $12 million is
   82  appropriated from the State Housing Trust Fund to the Department
   83  of Economic Opportunity for the 2013-2014 fiscal year for
   84  transfer to the Florida Housing Finance Corporation for the
   85  Florida Hardest-Hit Fund. This appropriation must be spent in
   86  annual $4 million increments over the next 3 years for
   87  administrative expenses associated with implementing this
   88  section.
   89         Section 5. The nonrecurring sum of $15 million is
   90  appropriated from the State Housing Trust Fund to the Department
   91  of Economic Opportunity for the 2013-2014 fiscal year for
   92  transfer to the Florida Housing Finance Corporation (FHFC) to
   93  fund a competitive grant program to provide housing for homeless
   94  persons affected by the foreclosure crisis. The FHFC shall award
   95  funds on a competitive basis to private nonprofit organizations
   96  to purchase and renovate existing houses to be used by
   97  extremely-low-income homeless persons who have been affected by
   98  the foreclosure crisis. Funds may also be awarded to private
   99  nonprofit organizations to construct small specialty housing of
  100  10 units or fewer for homeless families affected by the
  101  foreclosure crisis. This appropriation must be spent in annual
  102  $5 million increments over the next 3 years for administrative
  103  expenses associated with implementing this section.
  104         Section 6. The nonrecurring sum of $18 million is
  105  appropriated from the State Housing Trust Fund to the Department
  106  of Economic Opportunity for the 2013-2014 fiscal year for
  107  transfer to the Florida Housing Finance Corporation for
  108  foreclosure counseling programs. This appropriation must be
  109  spent in annual $6 million increments over the next 3 years.
  110         Section 7. The nonrecurring sum of $36 million is
  111  appropriated from the General Revenue Fund to the Department of
  112  Legal Affairs, Office of the Attorney General, for the 2013-2014
  113  fiscal year to contract with regional legal aid service
  114  providers to provide legal aid services to low-income and
  115  moderate-income homeowners facing foreclosure. Administrative
  116  costs or fees may not be collected or used by the Office of the
  117  Attorney General, any association, or any foundation for
  118  providing such services with the funds appropriated in this
  119  section. This appropriation must be spent in annual $12 million
  120  increments over the next 3 years.
  121         Section 8. The Legislature finds that there is a need for a
  122  promotional campaign to increase consumer awareness of
  123  affordable housing availability and housing assistance
  124  opportunities as outlined in this act. To this end, the Office
  125  of the Attorney General may establish, coordinate, and promote
  126  such an advertising campaign, which may include public relations
  127  activities and contracting with media representatives for the
  128  purpose of dispersing promotional materials and providing
  129  opportunities for consumer assistance. The nonrecurring sum of
  130  $2 million is appropriated from the General Revenue Fund to the
  131  Department of Legal Affairs, Office of the Attorney General, for
  132  the 2013-2014 fiscal year for this purpose.
  133         Section 9. The appropriations in this act are contingent
  134  upon the deposit of $200,080,474 into the state treasury from
  135  the escrow account created as a result of the consent judgment
  136  entered into by the Florida Attorney General on April 4, 2012,
  137  in the case of United States of America v. Bank of America
  138  Corp., No. 305 12-0361-RMC, in the United States District Court
  139  for the District of Columbia. Of the $200,080,474, the following
  140  amounts shall be deposited into the specified funds in the state
  141  treasury: $58,580,474 shall be deposited into the Local
  142  Government Housing Trust Fund in the Department of Economic
  143  Opportunity; $104 million shall be deposited into the State
  144  Housing Trust Fund in the Department of Economic Opportunity;
  145  and $38 million shall be deposited into the General Revenue
  146  Fund.
  147         Section 10. This act shall take effect upon becoming a law.
  148  
  149  ================= T I T L E  A M E N D M E N T ================
  150         And the title is amended as follows:
  151         Delete everything before the enacting clause
  152  and insert:
  153                        A bill to be entitled                      
  154         An act relating to funding from the National Mortgage
  155         Settlement; providing appropriations from the Local
  156         Government Housing Trust Fund and the State Housing
  157         Trust Fund to the Department of Economic Opportunity
  158         for specified purposes; providing appropriations from
  159         the General Revenue Fund to the Department of Legal
  160         Affairs, Office of the Attorney General, for specified
  161         purposes and providing legislative findings; providing
  162         that the appropriations of this act are contingent
  163         upon the deposit of a specified sum into the state
  164         treasury as a result of a specified consent judgment;
  165         providing an effective date.