Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 928
                                Barcode 526908                          
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Finance and Tax)
    1                        A bill to be entitled                      
    2         An act relating to community development; amending s.
    3         159.603, F.S.; modifying the definition of “qualifying
    4         housing development”; amending s. 159.608, F.S.;
    5         revising the power of a housing finance authority to
    6         make loans directly to eligible persons; amending s.
    7         196.1978, F.S.; deleting an ad valorem tax exemption
    8         for property owned by certain Florida-based limited
    9         partnerships and used for affordable housing for
   10         certain income-qualified persons; amending s. 420.507,
   11         F.S.; revising the powers of the Florida Housing
   12         Finance Corporation; specifying how the corporation
   13         will allocate certain funds; amending s. 420.5087,
   14         F.S.; revising provisions relating to state apartment
   15         incentive loans to provide for a competitive
   16         evaluation and selection process with respect to loan
   17         applications; amending s. 420.511, F.S.; providing
   18         that the corporation’s strategic business plan must be
   19         consistent with a long-range program plan relating to
   20         affordable housing; deleting a requirement that the
   21         corporation compile certain data; revising provisions
   22         relating to the corporation’s development of its long
   23         range plan; revising the required contents and
   24         information to be included in the corporation’s annual
   25         report; requiring the corporation to submit separate
   26         audited financial statements that include specified
   27         information and incorporate certain reports; requiring
   28         the Auditor General to conduct an operational audit of
   29         the corporation and provide a written report to the
   30         Legislature; amending ss. 420.0003, 420.0006, 420.504,
   31         and 420.506, F.S.; conforming provisions to changes
   32         made by this act; repealing s. 420.5091, F.S.,
   33         relating to the HOPE program; providing for
   34         retroactive application; providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Subsection (6) of section 159.603, Florida
   39  Statutes, is amended to read:
   40         159.603 Definitions.—As used in this part, the following
   41  words and terms have the following meanings unless the context
   42  indicates another or different meaning or intent.
   43         (6) “Qualifying housing development” means any work or
   44  improvement located or to be located in this the state,
   45  including real property, buildings, and any other real and
   46  personal property, designed or intended for the primary purpose
   47  of providing decent, safe, and sanitary residential housing for
   48  four or more families, at least 60 percent of whom are eligible
   49  persons, whether new construction, the acquisition of existing
   50  residential housing, or the remodeling, improvement,
   51  rehabilitation, or reconstruction of existing housing, together
   52  with such related nonhousing facilities as the authority
   53  determines to be necessary, convenient, or desirable.
   54         (a) The term includes a housing development that meets the
   55  definition of a “qualified low-income housing project” under s.
   56  42(g) of the Internal Revenue Code, regardless of whether such
   57  development meets the 60-percent-eligible-persons requirement
   58  under this subsection.
   59         (b) The exception provided under paragraph (a) applies to
   60  all housing developments that meet the federal definition of
   61  “qualified low-income housing project” and all developments that
   62  previously qualified under the state definition of “qualifying
   63  housing development.” Housing finance authorities may enter into
   64  regulatory agreement amendments as necessary to accommodate
   65  housing developments that qualify under paragraph (a).
   66         Section 2. Subsection (8) of section 159.608, Florida
   67  Statutes, is amended to read:
   68         159.608 Powers of housing finance authorities.—A housing
   69  finance authority shall constitute a public body corporate and
   70  politic, exercising the public and essential governmental
   71  functions set forth in this act, and shall exercise its power to
   72  borrow only for the purpose as provided herein:
   73         (8) To make loans directly to eligible persons or families
   74  who otherwise cannot borrow from conventional lending sources
   75  and whose annual income does not exceed 80 percent of the median
   76  income based on a family of up to four persons for the county in
   77  which they seek to purchase a residence. The housing finance
   78  authority may adjust the annual income requirements for families
   79  of greater than four persons. Such loans must be secured by
   80  either first mortgages or subordinated mortgages and must be
   81  used to purchase, construct, rehabilitate, or refinance single
   82  family residences that have purchase prices that do not exceed
   83  the purchase price limits of; however, the purchase price of any
   84  residence financed through such a loan may not exceed 90 percent
   85  of the median sales price for single-family homes in the county
   86  where the borrower’s residence is to be located, as mandated by
   87  federal law for tax-exempt, single-family bond programs.
   88         Section 3. Section 196.1978, Florida Statutes, is amended
   89  to read:
   90         196.1978 Affordable housing property exemption.—Property
   91  used to provide affordable housing to serving eligible persons
   92  as defined under by s. 159.603(7) and natural persons or
   93  families meeting the extremely-low-income, very-low-income, low
   94  income, or moderate-income limits specified in s. 420.0004,
   95  which property is owned entirely by a nonprofit entity that is a
   96  corporation not for profit, qualified as charitable under s.
   97  501(c)(3) of the Internal Revenue Code and in compliance with
   98  Rev. Proc. 96-32, 1996-1 C.B. 717, is or a Florida-based limited
   99  partnership, the sole general partner of which is a corporation
  100  not for profit which is qualified as charitable under s.
  101  501(c)(3) of the Internal Revenue Code and which complies with
  102  Rev. Proc. 96-32, 1996-1 C.B. 717, shall be considered property
  103  owned by an exempt entity and used for a charitable purpose, and
  104  those portions of the affordable housing property which provide
  105  housing to natural persons or families classified as extremely
  106  low income, very low income, low income, or moderate income
  107  under s. 420.0004 are shall be exempt from ad valorem taxation
  108  to the extent authorized under in s. 196.196. All property
  109  identified in this section must shall comply with the criteria
  110  provided under s. 196.195 for determining determination of
  111  exempt status and to be applied by property appraisers on an
  112  annual basis as defined in s. 196.195. The Legislature intends
  113  that any property owned by a limited liability company or
  114  limited partnership which is disregarded as an entity for
  115  federal income tax purposes pursuant to Treasury Regulation
  116  301.7701-3(b)(1)(ii) shall be treated as owned by its sole
  117  member or sole general partner.
  118         Section 4. Paragraph (h) of subsection (22) and subsection
  119  (48) of section 420.507, Florida Statutes, are amended to read:
  120         420.507 Powers of the corporation.—The corporation shall
  121  have all the powers necessary or convenient to carry out and
  122  effectuate the purposes and provisions of this part, including
  123  the following powers, which are in addition to all other powers
  124  granted by other provisions of this part:
  125         (22) To develop and administer the State Apartment
  126  Incentive Loan Program. In developing and administering that
  127  program, the corporation may:
  128         (h) Establish, by rule, the procedure for evaluating,
  129  scoring, and competitively evaluating and selecting ranking all
  130  applications for funding based on the criteria set forth in s.
  131  420.5087(6)(c),; determining actual loan amounts,; making and
  132  servicing loans,; and exercising the powers authorized in this
  133  subsection.
  134         (48) To award use up to 10 percent of its annual allocation
  135  of low-income housing tax credits, nontaxable revenue bonds, and
  136  State Apartment Incentive Loan Program funds appropriated by the
  137  Legislature and available to allocate by request for proposals
  138  or other competitive solicitation. The corporation shall reserve
  139  up to 5 percent of each allocation funding for high-priority
  140  affordable housing projects, such as housing to support economic
  141  development and job-creation initiatives, housing for veterans
  142  and their families, and other special needs populations in
  143  communities throughout the state as determined by the
  144  corporation on an annual basis. The corporation shall reserve an
  145  additional 5 percent of each allocation for affordable housing
  146  projects that target persons who have a disabling condition as
  147  defined in s. 420.0004 and their families. These allocations
  148  must prioritize projects or initiatives piloting or
  149  demonstrating cost effective, best practices that meet the
  150  housing needs and preferences of such persons. Any tax credits
  151  or funds not allocated because of a lack of eligible projects
  152  targeting persons who have a disabling condition shall be
  153  distributed by the corporation for high-priority housing
  154  projects.
  155         Section 5. Paragraphs (c) and (f) of subsection (6) of
  156  section 420.5087, Florida Statutes, are amended to read:
  157         420.5087 State Apartment Incentive Loan Program.—There is
  158  hereby created the State Apartment Incentive Loan Program for
  159  the purpose of providing first, second, or other subordinated
  160  mortgage loans or loan guarantees to sponsors, including for
  161  profit, nonprofit, and public entities, to provide housing
  162  affordable to very-low-income persons.
  163         (6) On all state apartment incentive loans, except loans
  164  made to housing communities for the elderly to provide for
  165  lifesafety, building preservation, health, sanitation, or
  166  security-related repairs or improvements, the following
  167  provisions shall apply:
  168         (c) The corporation shall provide by rule for the
  169  establishment of a review committee composed of the department
  170  and corporation staff and shall establish by rule a scoring
  171  system for the competitive evaluation and selection competitive
  172  ranking of applications submitted in this program, including,
  173  but not limited to, the following criteria:
  174         1. Tenant income and demographic targeting objectives of
  175  the corporation.
  176         2. Targeting objectives of the corporation which will
  177  ensure an equitable distribution of loans between rural and
  178  urban areas.
  179         3. Sponsor’s agreement to reserve the units for persons or
  180  families who have incomes below 50 percent of the state or local
  181  median income, whichever is higher, for a time period that
  182  exceeds to exceed the minimum required by federal law or the
  183  provisions of this part.
  184         4. Sponsor’s agreement to reserve more than:
  185         a. Twenty percent of the units in the project for persons
  186  or families who have incomes that do not exceed 50 percent of
  187  the state or local median income, whichever is higher; or
  188         b. Forty percent of the units in the project for persons or
  189  families who have incomes that do not exceed 60 percent of the
  190  state or local median income, whichever is higher, without
  191  requiring a greater amount of the loans as provided in this
  192  section.
  193         5. Provision for tenant counseling.
  194         6. Sponsor’s agreement to accept rental assistance
  195  certificates or vouchers as payment for rent.
  196         7. Projects requiring the least amount of a state apartment
  197  incentive loan compared to overall project cost, except that the
  198  share of the loan attributable to units serving extremely-low
  199  income persons must shall be excluded from this requirement.
  200         8. Local government contributions and local government
  201  comprehensive planning and activities that promote affordable
  202  housing.
  203         9. Project feasibility.
  204         10. Economic viability of the project.
  205         11. Commitment of first mortgage financing.
  206         12. Sponsor’s prior experience.
  207         13. Sponsor’s ability to proceed with construction.
  208         14. Projects that directly implement or assist welfare-to
  209  work transitioning.
  210         15. Projects that reserve units for extremely-low-income
  211  persons.
  212         16. Projects that include green building principles, storm
  213  resistant construction, or other elements that reduce long-term
  214  costs relating to maintenance, utilities, or insurance.
  215         17. Job-creation rate of the developer and general
  216  contractor, as provided in s. 420.507(47).
  217         (f) The review committee established by corporation rule
  218  pursuant to this subsection shall make recommendations to the
  219  board of directors of the corporation regarding program
  220  participation under the State Apartment Incentive Loan Program.
  221  The corporation board shall make the final ranking and the
  222  decisions regarding which applicants shall become program
  223  participants based on the scores received in the competitive
  224  process ranking, further review of applications, and the
  225  recommendations of the review committee. The corporation board
  226  shall approve or reject applications for loans and shall
  227  determine the tentative loan amount available to each applicant
  228  selected for participation in the program. The actual loan
  229  amount shall be determined pursuant to rule adopted pursuant to
  230  s. 420.507(22)(h).
  231         Section 6. Section 420.511, Florida Statutes, is amended to
  232  read:
  233         420.511 Strategic business plan; long-range program
  234  strategic plan; annual report; audited financial statements.—
  235         (1) The corporation shall develop a strategic business plan
  236  for the provision of affordable housing for the state. The plan
  237  must be consistent shall not be inconsistent with the long-range
  238  program strategic plan prepared pursuant to subsection (2) and
  239  shall contain performance measures and specific performance
  240  targets for the following:
  241         (a) The ability of low-income and moderate-income
  242  Floridians to access housing that is decent and affordable.
  243         (b) The continued availability and affordability of housing
  244  financed by the corporation to target populations.
  245         (c) The availability of affordable financing programs,
  246  including equity and debt products, and programs that reduce
  247  gaps in conventional financing in order, to increase individual
  248  access to housing and stimulate private production of affordable
  249  housing.
  250         (d) The establishment and maintenance of efficiencies in
  251  the delivery of affordable housing.
  252         (e) Such other measures as directed by the corporation’s
  253  board of directors.
  255  The corporation shall also compile data on the stimulus of
  256  economic activity created by the affordable housing finance
  257  programs administered by the corporation.
  258         (2) The corporation, in coordination equal partnership with
  259  the department, shall develop annually develop a long-range
  260  program strategic plan for the provision of affordable housing
  261  in this state as Florida as part of the department’s agency
  262  strategic plan required pursuant to chapter 186. In part, the
  263  plan must shall include provisions that maximize the abilities
  264  of the corporation and the department to implement the state
  265  housing strategy established under s. 420.0003, to respond to
  266  federal housing initiatives, and to develop programs in a manner
  267  that is more responsive to the needs of public and private
  268  partners. The plan shall be developed on a schedule consistent
  269  with that established by s. 186.021. For purposes of this
  270  section act, the executive director or his or her designee shall
  271  serve as the corporation’s representative to achieve a
  272  coordinated and integrated planning relationship with the
  273  department.
  274         (3)(a) The corporation shall submit to the Governor and the
  275  presiding officers of each house of the Legislature, within 6 2
  276  months after the end of its fiscal year, a complete and detailed
  277  report setting forth the corporation’s state and federal program
  278  accomplishments using the most recent available data. The report
  279  must include, but is not limited to:
  280         (a) The following tenant characteristics in existing rental
  281  units financed through corporation-administered programs:
  282         1. The number of households served, delineated by income,
  283  race, ethnicity, and age of the head of household.
  284         2. The number of households served in large, medium, and
  285  small counties as defined in s. 420.5087 and the extent to which
  286  geographic distribution has been achieved in accordance with s.
  287  420.5087.
  288         3. The number of farmworker and commercial-fishing worker
  289  households served.
  290         4. The number of homeless households served.
  291         5. The number of special needs households served.
  292         6. By county, the average rent charged based on unit size.
  293         (b) The number of rental units to which resources have been
  294  allocated in the last fiscal year, including income and
  295  demographic restrictions.
  296         (c) The estimated average cost of producing units under
  297  each rental or homeownership unit financed under each program in
  298  the last fiscal year.
  299         (d) By county, the average sales price of homeownership
  300  units financed in the last fiscal year.
  301         (e) The number of households served by homeownership
  302  programs in the last fiscal year, including the income, race,
  303  ethnicity, and age of the homeowner of each household.
  304         (f) The percentage of homeownership loans that are in
  305  foreclosure.
  306         (g) The percentage of properties in the corporation’s
  307  rental portfolio which have an occupancy rate below 90 percent.
  308         (h) The amount of economic stimulus created by the
  309  affordable housing finance programs administered by the
  310  corporation for the most recent year available.
  311         (i) For the State Apartment Incentive Loan (SAIL) Program,
  312  a comprehensive list of all closed loans outstanding at the end
  313  of the most recent fiscal year, including, but not limited to,
  314  development name, city, county, developer, set-aside type, set
  315  aside percentage, affordability term, total number of units,
  316  number of set-aside units, lien position, original loan amount,
  317  loan maturity date, loan balance at close of year, status of
  318  loan, rate of interest, and interest paid.
  319         (j) For the Florida Affordable Housing Guarantee Program, a
  320  list of all guaranteed loans through the close of the most
  321  recent fiscal year, including, but not limited to, development
  322  name, city, county, developer, total number of units, issuer of
  323  the bonds, loan maturity date, participation in the United
  324  States Department of Housing and Urban Development Risk-Sharing
  325  Program, original guarantee amount, guarantee amount at the
  326  close of the fiscal year, status of guaranteed loans, and total
  327  outstanding Florida Housing Finance Corporation Affordable
  328  Housing Guarantee Program revenue bonds at the close of the most
  329  recent fiscal year.
  330         (k) Any other information the corporation deems
  331  appropriate.
  332         1. Its operations and accomplishments;
  333         2. Its receipts and expenditures during its fiscal year in
  334  accordance with the categories or classifications established by
  335  the corporation for its operating and capital outlay purposes;
  336         3. Its assets and liabilities at the end of its fiscal year
  337  and the status of reserve, special, or other funds;
  338         4. A schedule of its bonds outstanding at the end of its
  339  fiscal year, together with a statement of the principal amounts
  340  of bonds issued and redeemed during the fiscal year; and
  341         5. Information relating to the corporation’s activities in
  342  implementing the provisions of ss. 420.5087, 420.5088, and
  343  420.5095.
  344         (b) The report shall include, but not be limited to:
  345         1. The number of people served, delineated by income, age,
  346  family size, and racial characteristics.
  347         2. The number of units produced under each program.
  348         3. The average cost of producing units under each program.
  349         4. The average sales price of single-family units financed
  350  under s. 420.5088.
  351         5. The average amount of rent charged based on unit size on
  352  units financed under s. 420.5087.
  353         6. The number of persons in rural communities served under
  354  each program.
  355         7. The number of farmworkers served under each program.
  356         8. The number of homeless persons served under each
  357  program.
  358         9. The number of elderly persons served under each program.
  359         10. The extent to which geographic distribution has been
  360  achieved in accordance with the provisions of s. 420.5087.
  361         11. The success of the Community Workforce Housing
  362  Innovation Pilot Program in meeting the housing needs of
  363  eligible areas.
  364         12. Any other information the corporation deems
  365  appropriate.
  366         (4) Within 6 months after the end of its fiscal year, the
  367  corporation shall submit audited financial statements prepared
  368  in accordance with generally accepted accounting principles
  369  which include all assets, liabilities, revenues, and expenses of
  370  the corporation, and a list of all bonds outstanding at the end
  371  of its fiscal year. with the annual report required by this
  372  section, a copy of an annual financial audit of its accounts and
  373  records and an annual compliance The audit must be of its
  374  programs conducted by an independent certified public accountant
  375  and performed in accordance with generally accepted auditing
  376  standards and government auditing standards, and must
  377  incorporate all reports, including compliance reports, as
  378  required by such auditing standards.
  379         (5) The Auditor General shall conduct an operational audit
  380  of the accounts and records of the corporation and provide a
  381  written report on the audit to the President of the Senate and
  382  the Speaker of the House of Representatives by December 1, 2016.
  383  Both the corporation’s business plan and annual report must
  384  shall recognize the different fiscal periods under which the
  385  corporation, the state, the Federal Government, and local
  386  governments operate.
  387         Section 7. Paragraph (b) of subsection (4) of section
  388  420.0003, Florida Statutes, is amended to read:
  389         420.0003 State housing strategy.—
  390         (4) IMPLEMENTATION.—The Department of Economic Opportunity
  391  and the Florida Housing Finance Corporation in carrying out the
  392  strategy articulated herein shall have the following duties:
  393         (b) The long-range program agency strategic plan of the
  394  Department of Economic Opportunity must shall include specific
  395  goals, objectives, and strategies that implement the housing
  396  policies in this section and shall include the strategic plan
  397  for housing production prepared by the corporation pursuant to
  398  s. 420.511.
  399         Section 8. Section 420.0006, Florida Statutes, is amended
  400  to read:
  401         420.0006 Authority to contract with corporation; contract
  402  requirements; nonperformance.—The executive director of the
  403  department shall contract, notwithstanding part I of chapter
  404  287, with the Florida Housing Finance Corporation on a multiyear
  405  basis to stimulate, provide, and foster affordable housing in
  406  the state. The contract must incorporate the performance
  407  measures required by s. 420.511 and must be consistent with the
  408  provisions of the corporation’s strategic business plan prepared
  409  in accordance with s. 420.511. The contract must provide that
  410  if, in the event the corporation fails to comply with any of the
  411  a performance measure measures required under by s. 420.511, the
  412  executive director shall notify the Governor and shall refer the
  413  nonperformance to the department’s inspector general for review
  414  and determination as to whether such failure is due to forces
  415  beyond the corporation’s control or whether such failure is due
  416  to inadequate management of the corporation’s resources.
  417  Advances shall continue to be made pursuant to s. 420.0005
  418  during the pendency of the review by the department’s inspector
  419  general. If such failure is due to outside forces, it may shall
  420  not be deemed a violation of the contract. If such failure is
  421  due to inadequate management, the department’s inspector general
  422  shall provide recommendations regarding solutions. The Governor
  423  may is authorized to resolve any differences of opinion with
  424  respect to performance under the contract and may request that
  425  advances continue in the event of a failure under the contract
  426  due to inadequate management. The Chief Financial Officer shall
  427  approve the request absent a finding by the Chief Financial
  428  Officer that continuing such advances would adversely impact the
  429  state; however, in any event the Chief Financial Officer shall
  430  provide advances sufficient to meet the debt service
  431  requirements of the corporation and sufficient to fund contracts
  432  committing funds from the State Housing Trust Fund if so long as
  433  such contracts are in accordance with the laws of this state.
  434         Section 9. Subsection (1) of section 420.504, Florida
  435  Statutes, is amended to read:
  436         420.504 Public corporation; creation, membership, terms,
  437  expenses.—
  438         (1) There is created within the Department of Economic
  439  Opportunity A public corporation and a public body corporate and
  440  politic, to be known as the “Florida Housing Finance
  441  Corporation,” is created within the Department of Economic
  442  Opportunity.“Florida Housing Finance Corporation.” It is
  443  declared to be the intent of and constitutional construction by
  444  the Legislature that the Florida Housing Finance Corporation
  445  constitutes an entrepreneurial public corporation organized to
  446  provide and promote the public welfare by administering the
  447  governmental function of financing or refinancing housing and
  448  related facilities in this state Florida and that the
  449  corporation is not a department of the executive branch of state
  450  government within the scope and meaning of s. 6, Art. IV of the
  451  State Constitution, but is functionally related to the
  452  Department of Economic Opportunity in which it is placed. The
  453  executive function of state government to be performed by the
  454  executive director of the Department of Economic Opportunity in
  455  the conduct of the business of the Florida Housing Finance
  456  Corporation must be performed pursuant to a contract to monitor
  457  and set performance standards for the implementation of the
  458  business plan for the provision of housing approved for the
  459  corporation as provided in s. 420.0006. This contract must shall
  460  include the performance standards for the provision of
  461  affordable housing in this state Florida established in the
  462  strategic business plan described in s. 420.511.
  463         Section 10. Subsection (1) of section 420.506, Florida
  464  Statutes, is amended to read:
  465         420.506 Executive director; agents and employees; inspector
  466  general.—
  467         (1) The appointment and removal of an executive director
  468  shall be by the executive director of the Department of Economic
  469  Opportunity, with the advice and consent of the corporation’s
  470  board of directors. The executive director shall employ legal
  471  and technical experts and such other agents and employees,
  472  permanent and temporary, as the corporation may require, and
  473  shall communicate with and provide information to the
  474  Legislature with respect to the corporation’s activities. The
  475  board is authorized, Notwithstanding the provisions of s.
  476  216.262, the board may to develop and implement rules regarding
  477  the employment of employees of the corporation and service
  478  providers, including legal counsel. The board of directors of
  479  the corporation is entitled to establish travel procedures and
  480  guidelines for employees of the corporation, subject to s.
  481  112.061(6) and (7). The executive director’s office and the
  482  corporation’s files and records must be located in Leon County.
  483         Section 11. Section 420.5091, Florida Statutes, is
  484  repealed.
  485         Section 12. This act shall take effect upon becoming a law
  486  and shall first apply to the 2013 ad valorem tax rolls.