Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. PCS (518736) for SB 196
Ì151346'Î151346
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 192 and 193
4 insert:
5 Section 5. Present paragraphs (d) through (n) of subsection
6 (5) of section 420.9075, Florida Statutes, are redesignated as
7 paragraphs (e) through (o), respectively, a new paragraph (d) is
8 added to that subsection, and paragraphs (a), (b), and (c) and
9 present paragraph (n) of that subsection are amended, to read:
10 420.9075 Local housing assistance plans; partnerships.—
11 (5) The following criteria apply to awards made to eligible
12 sponsors or eligible persons for the purpose of providing
13 eligible housing:
14 (a) A percentage At least 65 percent of the funds made
15 available in each county and eligible municipality from the
16 local housing distribution must be reserved for home ownership
17 for eligible persons.
18 (b) A percentage Up to 25 percent of the funds made
19 available in each county and eligible municipality from the
20 local housing distribution may be reserved for rental housing
21 for eligible persons or for the purposes enumerated in s.
22 420.9072(7)(b).
23 (c) A percentage At least 75 percent of the funds made
24 available in each county and eligible municipality from the
25 local housing distribution must be reserved for construction,
26 rehabilitation, or emergency repair of affordable, eligible
27 housing.
28 (d) Beginning July 1, 2023, the corporation shall set the
29 percentages in paragraphs (a), (b), and (c) based on the housing
30 policy recommendations and best practices developed by the
31 Shimberg Center for Affordable Housing pursuant to s.
32 420.6075(3)(c). The corporation shall reevaluate the percentages
33 and adjust as necessary.
34 (o)(n) Funds from the local housing distribution not used
35 to meet the criteria established in paragraph (a) or paragraph
36 (c) or not used for the administration of a local housing
37 assistance plan must be used for housing production and finance
38 activities, including, but not limited to, financing
39 preconstruction activities or the purchase of existing units,
40 providing rental housing, and providing home ownership training
41 to prospective home buyers and owners of homes assisted through
42 the local housing assistance plan.
43 1. Notwithstanding the provisions of paragraphs (a) and
44 (c), program income as defined in s. 420.9071(26) may also be
45 used to fund activities described in this paragraph.
46 2. When preconstruction due-diligence activities conducted
47 as part of a preservation strategy show that preservation of the
48 units is not feasible and will not result in the production of
49 an eligible unit, such costs shall be deemed a program expense
50 rather than an administrative expense if such program expenses
51 do not exceed 3 percent of the annual local housing
52 distribution.
53 3. If both an award under the local housing assistance plan
54 and federal low-income housing tax credits are used to assist a
55 project and there is a conflict between the criteria prescribed
56 in this subsection and the requirements of s. 42 of the Internal
57 Revenue Code of 1986, as amended, the county or eligible
58 municipality may resolve the conflict by giving precedence to
59 the requirements of s. 42 of the Internal Revenue Code of 1986,
60 as amended, in lieu of following the criteria prescribed in this
61 subsection with the exception of paragraphs (a) and (h) (g) of
62 this subsection.
63 4. Each county and each eligible municipality may award
64 funds as a grant for construction, rehabilitation, or repair as
65 part of disaster recovery or emergency repairs or to remedy
66 accessibility or health and safety deficiencies. Any other
67 grants must be approved as part of the local housing assistance
68 plan.
69 Section 6. Subsection (27) of section 420.9071, Florida
70 Statutes, is amended to read:
71 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
72 term:
73 (27) “Recaptured funds” means funds that are recouped by a
74 county or eligible municipality in accordance with the recapture
75 provisions of its local housing assistance plan pursuant to s.
76 420.9075(5)(k) s. 420.9075(5)(j) from eligible persons or
77 eligible sponsors, which funds were not used for assistance to
78 an eligible household for an eligible activity, when there is a
79 default on the terms of a grant award or loan award.
80
81 ================= T I T L E A M E N D M E N T ================
82 And the title is amended as follows:
83 Delete line 32
84 and insert:
85 within a certain period; amending s. 420.9075, F.S.;
86 revising certain criteria for the reservation of State
87 Housing Initiatives Partnership Program funds;
88 requiring the corporation to set percentages of
89 certain reserved funds based on recommendations and
90 best practices developed by the Shimberg Center for
91 Affordable Housing at the University of Florida;
92 requiring the corporation to reevaluate and adjust the
93 percentages as necessary; amending s. 420.9071, F.S.;
94 conforming a cross-reference; amending s. 420.5092,
95 F.S.;