ENROLLED
       2013 Legislature                          SB 1852, 1st Engrossed
       
       
       
       
       
       
                                                             20131852er
    1  
    2         An act relating to funding from the National Mortgage
    3         Settlement; providing an appropriation from the
    4         General Revenue Fund to the Florida Prepaid Tuition
    5         Scholarship Program to purchase 2-year dormitory
    6         residence advance payment contracts for certain
    7         students; providing an appropriation from the General
    8         Revenue Fund to the state courts system to provide
    9         technology solutions to expedite foreclosure cases
   10         through the judicial process; providing an
   11         appropriation from the General Revenue Fund to the
   12         state courts system to provide certain supplemental
   13         resources; providing an appropriation from the General
   14         Revenue Fund to the clerks of the court to assist and
   15         support the courts in expediting the processing of
   16         backlogged foreclosure cases; providing an
   17         appropriation from the General Revenue Fund to the
   18         Office of the Attorney General to provide legal aid
   19         services to low- and moderate-income homeowners facing
   20         foreclosure; providing an appropriation from the
   21         General Revenue Fund to the Department of Children and
   22         Families to fund capital improvement grants for
   23         certified domestic violence centers; providing an
   24         appropriation from the General Revenue Fund to the
   25         Department of Economic Opportunity to provide a grant
   26         to Habitat for Humanity of Florida for certain
   27         purposes; providing requirements for Habitat for
   28         Humanity of Florida; providing financial audit
   29         reporting requirements; requiring certain funds to be
   30         repaid by Habitat for Humanity of Florida to the
   31         Department of Financial Services for deposit into the
   32         State Housing Trust Fund; providing an appropriation
   33         from the General Revenue Fund to the Florida Housing
   34         Finance Corporation to provide funding to reduce rents
   35         on new or existing rental units through the State
   36         Apartment Incentive Loan Program; providing an
   37         appropriation from the General Revenue Fund to the
   38         Department of Economic Opportunity for specified
   39         purposes; providing requirements for the expenditure,
   40         disbursement, and transfer to the State Housing Trust
   41         Fund of certain appropriated funds; providing a
   42         contingent effective date.
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Notwithstanding the funding match provisions in
   47  s. 1009.984(2), Florida Statutes, the nonrecurring sum of
   48  $9,117,895 is appropriated from the General Revenue Fund to the
   49  Florida Prepaid Tuition Scholarship Program as established in s.
   50  1009.984, Florida Statutes, in order for Take Stock in Children,
   51  Inc., to purchase 2-year dormitory residence advance payment
   52  contracts for eligible students who are in grades 10 and 11
   53  during the 2012-2013 school year and have been selected to
   54  participate in the scholarship program.
   55         Section 2. The nonrecurring sum of $5,262,579 is
   56  appropriated from the General Revenue Fund to the state courts
   57  system to provide technology solutions that expedite foreclosure
   58  cases through the judicial process. Such technology solutions
   59  must enable judges and staff to effectively use electronic
   60  documents when disposing of foreclosure cases, produce orders
   61  electronically, provide for electronic calendaring, serve orders
   62  electronically, and generate case management reports. All
   63  technology enhancements to expedite mortgage foreclosure cases
   64  must be completed in accordance with the standards set by the
   65  Florida Court Technology Commission regarding functionality as
   66  outlined in the Case Processing Application Standards.
   67         Section 3. The nonrecurring sum of $16 million is
   68  appropriated from the General Revenue Fund to the state courts
   69  system to provide supplemental resources, including, but not
   70  limited to, additional senior judge days and temporary case
   71  management staff in the trial courts to reduce the backlog of
   72  pending foreclosure cases.
   73         Section 4. The nonrecurring sum of $9.7 million is
   74  appropriated from the General Revenue Fund to the clerks of the
   75  court to enhance levels of service to assist and support the
   76  courts in expediting the processing of backlogged foreclosure
   77  cases.
   78         Section 5. The nonrecurring sum of $10 million is
   79  appropriated from the General Revenue Fund to the Office of the
   80  Attorney General, who must contract directly with regional legal
   81  aid service providers to provide legal aid services to low
   82  income and moderate-income homeowners facing foreclosure.
   83  Administrative costs or fees may not be collected or used by the
   84  Office of the Attorney General, any association, or any
   85  foundation for providing services with the funds appropriated in
   86  this section.
   87         Section 6. The nonrecurring sum of $10 million is
   88  appropriated from the General Revenue Fund in a fixed capital
   89  outlay appropriation category to the Department of Children and
   90  Families for capital improvement grants to certified domestic
   91  violence centers in accordance with s. 39.9055, Florida
   92  Statutes. The Florida Coalition Against Domestic Violence shall
   93  serve as the lead entity to create a competitive request for
   94  proposals with the primary focus of increasing bed space and
   95  expanding capacity of emergency shelter services. Award
   96  decisions shall be completed within 60 days after the effective
   97  date of this act.
   98         Section 7. (1) The nonrecurring sum of $20 million is
   99  appropriated from the General Revenue Fund to the Department of
  100  Economic Opportunity to provide a grant to Habitat for Humanity
  101  of Florida for the acquisition and rehabilitation or
  102  reconstruction of existing housing stock to provide affordable
  103  housing to low-income applicants. Habitat for Humanity of
  104  Florida may use up to 1 percent of the grant award for direct
  105  administrative costs.
  106         (2) Habitat for Humanity of Florida shall provide
  107  compliance and oversight for the grant award and shall:
  108         (a) Provide to the Department of Economic Opportunity the
  109  name and contact information for the Habitat for Humanity of
  110  Florida compliance officer, to be updated within 10 business
  111  days after any change.
  112         (b) Develop a request for proposals to be released to the
  113  58 Habitat for Humanity of Florida affiliates no later than 60
  114  days after the effective date of this act. The request for
  115  proposals shall be limited to projects that undertake the
  116  acquisition and rehabilitation or reconstruction of existing
  117  housing stock and provide affordable housing to low-income
  118  applicants.
  119         (c) Use the grant award within 2 years, the start date of
  120  which is 30 days after the request for proposals is released to
  121  the 58 Habitat for Humanity of Florida affiliates.
  122         (d) Provide the 58 Habitat for Humanity of Florida
  123  affiliates a minimum of 30 days to respond to the request for
  124  proposals.
  125         (e) Establish a volunteer committee of at least six members
  126  from any of the 58 Habitat for Humanity of Florida affiliates to
  127  evaluate and rank project proposals received and determine
  128  project awards based on that evaluation and ranking.
  129         1. Project awards shall be provided on a cost-reimbursement
  130  basis for work completed and paid for by the Habitat for
  131  Humanity of Florida affiliate for a qualifying home that was
  132  acquired and rehabilitated or reconstructed for a low-income
  133  applicant.
  134         2. The Habitat for Humanity of Florida compliance officer
  135  is responsible for verifying that all project work is completed
  136  and has been paid for by the Habitat for Humanity of Florida
  137  affiliate before a cost reimbursement.
  138         3. A Habitat for Humanity of Florida affiliate may not
  139  receive cost reimbursements in excess of 10 percent of the total
  140  appropriation, except that an affiliate may receive cost
  141  reimbursements in excess of 10 percent during the second year if
  142  the only project proposals remaining are from Habitat for
  143  Humanity of Florida affiliates that have reached the 10-percent
  144  cap.
  145         (f) Provide technical support and assistance for the use of
  146  grant award funds by the Habitat for Humanity of Florida
  147  affiliates, which shall not exceed 2 percent of the grant award.
  148         (g) Submit a quarterly progress report to the Department of
  149  Economic Opportunity within 30 days after the end of each
  150  quarter until all grant award funds have been expended. The
  151  quarterly progress report shall include, but need not be limited
  152  to:
  153         1. Events occurring during the quarter, or anticipated to
  154  occur in the near future, which affect the ability of Habitat
  155  for Humanity of Florida to use the grant award for the intended
  156  purpose pursuant to this section.
  157         2. Action plans for addressing any policy and
  158  administrative issues.
  159         3. Habitat for Humanity of Florida efforts related to
  160  collecting and verifying data.
  161         4. Data collected and verified, such as the number of
  162  existing housing stock acquired and rehabilitated or
  163  reconstructed for the quarter and to date, the number of
  164  requests for proposals received, and income data on applicants
  165  who are using the provided housing.
  166         5. Grant award data disaggregated by recipient and
  167  activity, such as technical support and assistance, direct
  168  administrative costs, housing acquisition, and housing
  169  rehabilitation or reconstruction.
  170         6. Activities related to technical support and assistance.
  171         7. The name of each volunteer committee member and his or
  172  her Habitat for Humanity of Florida affiliate.
  173         8. Progress toward meeting the goal of spending the full
  174  grant award within 2 years, the start date of which is 30 days
  175  after the request for proposals is released to the 58 Habitat
  176  for Humanity of Florida affiliates.
  177         (h) Submit annually by September 1 to the Department of
  178  Economic Opportunity a financial audit performed by an
  179  independent certified public accountant for the most recently
  180  completed fiscal year which establishes that no material
  181  weaknesses or instances of material noncompliance exist.
  182         (3) The Department of Economic Opportunity shall submit a
  183  copy of each financial audit from Habitat for Humanity of
  184  Florida to the President of the Senate and the Speaker of the
  185  House of Representatives within 15 days after its receipt.
  186         (4) Any funds that are not expended or encumbered by June
  187  30, 2015, and any funds that were deemed encumbered on June 30,
  188  2015, and not expended by September 30, 2015, shall be repaid by
  189  Habitat for Humanity of Florida to the Department of Financial
  190  Services for deposit into the State Housing Trust Fund within
  191  the Department of Economic Opportunity. A final audit shall be
  192  submitted to the Department of Economic Opportunity by January
  193  30, 2016, for any expenditures made after June 30, 2015.
  194         Section 8. The nonrecurring sum of $50 million is
  195  appropriated from the General Revenue Fund to the Department of
  196  Economic Opportunity for transfer to the Florida Housing Finance
  197  Corporation (FHFC) to provide funding to reduce rents on new or
  198  existing rental units through the State Apartment Incentive Loan
  199  Program created under s. 420.5087, Florida Statutes.
  200  Notwithstanding s. 420.5087, Florida Statutes, $25 million of
  201  these funds shall be reserved for rental units for the elderly
  202  as defined in s. 420.0004, Florida Statutes, and $25 million
  203  shall be reserved for rental units for extremely-low-income
  204  persons as defined in s. 420.0004, Florida Statutes.
  205         Section 9. (1) The nonrecurring sum of $10 million is
  206  appropriated from the General Revenue Fund to the Department of
  207  Economic Opportunity for transfer to the Florida Housing Finance
  208  Corporation (FHFC) to fund the construction or rehabilitation of
  209  units through the State Apartment Incentive Loan Program (SAIL).
  210         (2) Each SAIL development that receives funds under this
  211  section must include up to 25 percent, but not less than 10
  212  percent, of its units designed, constructed, and targeted for
  213  persons with developmental disabilities as defined in s.
  214  393.063, Florida Statutes. Each development shall be required to
  215  enter into an agreement with at least one designated supportive
  216  services lead agency, such as the local Center for Independent
  217  Living, the Agency for Persons with Disabilities, or any other
  218  such agency approved by FHFC, for the purpose of coordinating
  219  services and housing for persons with disabilities.
  220         Section 10. (1) The nonrecurring sum of $40 million is
  221  appropriated from the General Revenue Trust Fund to the
  222  Department of Economic Opportunity for transfer to the Florida
  223  Housing Finance Corporation (FHFC) to fund the State Housing
  224  Initiative Program (SHIP). The FHFC shall allocate the funding
  225  to all eligible counties and cities. Except as otherwise
  226  specified in this section, local governments must use this
  227  funding according to the SHIP statute and rules and within the
  228  parameters of their adopted local housing assistance plan.
  229         (2) All funding appropriated under this section must be
  230  targeted for one or more of the following strategies:
  231         (a) Rehabilitating or modifying owner-occupied houses,
  232  including blighted homes or neighborhoods.
  233         (b) Assisting with purchases of existing housing, with or
  234  without rehabilitation.
  235         (c) Providing housing counseling services.
  236         (d) Providing lease-purchase assistance.
  237         (e) Implementing strategies approved by FHFC which are
  238  related to assisting households and communities impacted by
  239  foreclosures, using existing housing stock.
  240         (3) Of the funding provided in this section, each local
  241  government must use a minimum of 20 percent of its allocation to
  242  serve persons with special needs as defined in s. 420.0004,
  243  Florida Statutes. Before this portion of the allocation is
  244  released by FHFC, a local government must certify that it will
  245  meet this requirement through existing approved strategies in
  246  the local assistance plan or submit a new local housing
  247  assistance plan strategy for this purpose to the FHFC for
  248  approval to ensure that it meets these specifications. The first
  249  priority of these special needs funds must be to use them for
  250  persons with developmental disabilities as defined in s.
  251  393.063, Florida Statutes, with an emphasis on home
  252  modifications, including technological enhancements and devices,
  253  which will allow homeowners to remain independent in their own
  254  homes and maintain their homeownership.
  255         (4) Local governments may not use more than 3 percent of
  256  their allocations under this section for administrative costs.
  257         Section 11. The nonrecurring sum of $10 million is
  258  appropriated from the General Revenue Fund to the Department of
  259  Economic Opportunity for transfer to the Florida Housing Finance
  260  Corporation (FHFC) to fund a competitive grant program to
  261  provide housing for homeless persons. The FHFC shall award funds
  262  on a competitive basis to private nonprofit organizations to
  263  purchase and renovate existing houses and to construct small
  264  specialty housing of 15 units or fewer for homeless individuals
  265  or families, with priority given to extremely-low-income
  266  households.
  267         Section 12. The nonrecurring sum of $10 million is
  268  appropriated from the General Revenue Fund to the Department of
  269  Economic Opportunity for transfer to the Florida Housing Finance
  270  Corporation (FHFC) to fund a competitive grant program for
  271  housing developments designed, constructed, and targeted for
  272  persons with developmental disabilities as defined in s.
  273  393.063, Florida Statutes. Private nonprofit organizations whose
  274  primary mission includes serving persons with developmental
  275  disabilities as defined in s. 393.063, Florida Statutes, shall
  276  be eligible for these grant funds. Housing projects funded with
  277  these grants may include community residential homes as defined
  278  in s. 419.001, Florida Statutes, or individual housing units,
  279  and may include new construction and renovation of existing
  280  housing units. In evaluating proposals for these funds, the FHFC
  281  shall consider: the extent to which funds from local and other
  282  sources will be used by the applicant to leverage the grant
  283  funds provided under this section; employment opportunities and
  284  supports that will be available to residents of the proposed
  285  housing; a plan for residents to effectively and efficiently
  286  access community-based services, resources, and amenities; and
  287  partnerships with other supportive services agencies.
  288         Section 13. Except as otherwise provided in section 7 of
  289  this act, notwithstanding s. 216.301, Florida Statutes, and
  290  pursuant to s. 216.351, Florida Statutes, entities to which
  291  funds are appropriated pursuant to this act may expend such
  292  funds through the 2014-2015 fiscal year. Any funds that are
  293  encumbered by June 30, 2015, must be disbursed by September 30,
  294  2015. On September 30, 2015, any funds that remain undisbursed
  295  must be transferred to the State Housing Trust Fund within the
  296  Department of Economic Opportunity.
  297         Section 14. This act shall take effect upon the deposit of
  298  $200,080,474 into the General Revenue Fund from the escrow
  299  account created as a result of the consent judgment entered into
  300  by the Attorney General on April 4, 2012, in the case of United
  301  States of America, et al. v. Bank of America Corp., et al., No.
  302  12-0361-RMC, in the United States District Court for the
  303  District of Columbia.