Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 962
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Before line 13
    4  insert:
    5         Section 1. Paragraphs (a) and (n) of subsection (5) of
    6  section 420.9075, Florida Statutes, are amended to read:
    7         420.9075 Local housing assistance plans; partnerships.—
    8         (5) The following criteria apply to awards made to eligible
    9  sponsors or eligible persons for the purpose of providing
   10  eligible housing:
   11         (a) At least 65 percent of the funds made available in each
   12  county and eligible municipality from the local housing
   13  distribution must be reserved for home ownership for eligible
   14  persons.
   15         (m)(n) Funds from the local housing distribution not used
   16  to meet the criteria established in paragraph (a) or paragraph
   17  (b) (c) or not used for the administration of a local housing
   18  assistance plan must be used for housing production and finance
   19  activities, including, but not limited to, financing
   20  preconstruction activities or the purchase of existing units,
   21  providing rental housing, and providing home ownership training
   22  to prospective home buyers and owners of homes assisted through
   23  the local housing assistance plan.
   24         1. Notwithstanding paragraph (b) the provisions of
   25  paragraphs (a) and (c), program income as defined in s.
   26  420.9071(26) may also be used to fund activities described in
   27  this paragraph.
   28         2. When preconstruction due-diligence activities conducted
   29  as part of a preservation strategy show that preservation of the
   30  units is not feasible and will not result in the production of
   31  an eligible unit, such costs shall be deemed a program expense
   32  rather than an administrative expense if such program expenses
   33  do not exceed 3 percent of the annual local housing
   34  distribution.
   35         3. If both an award under the local housing assistance plan
   36  and federal low-income housing tax credits are used to assist a
   37  project and there is a conflict between the criteria prescribed
   38  in this subsection and the requirements of s. 42 of the Internal
   39  Revenue Code of 1986, as amended, the county or eligible
   40  municipality may resolve the conflict by giving precedence to
   41  the requirements of s. 42 of the Internal Revenue Code of 1986,
   42  as amended, in lieu of following the criteria prescribed in this
   43  subsection with the exception of paragraph (f) paragraphs (a)
   44  and (g) of this subsection.
   45         4. Each county and each eligible municipality may award
   46  funds as a grant for construction, rehabilitation, or repair as
   47  part of disaster recovery or emergency repairs or to remedy
   48  accessibility or health and safety deficiencies. Any other
   49  grants must be approved as part of the local housing assistance
   50  plan.
   51         Section 2. Subsection (27) of section 420.9071, Florida
   52  Statutes, is amended to read:
   53         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
   54  term:
   55         (27) “Recaptured funds” means funds that are recouped by a
   56  county or eligible municipality in accordance with the recapture
   57  provisions of its local housing assistance plan pursuant to s.
   58  420.9075(5)(i) s. 420.9075(5)(j) from eligible persons or
   59  eligible sponsors, which funds were not used for assistance to
   60  an eligible household for an eligible activity, when there is a
   61  default on the terms of a grant award or loan award.
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete lines 2 - 3
   66  and insert:
   67         An act relating to affordable housing; amending s.
   68         420.9075, F.S.; deleting a criterion for awards made
   69         to eligible sponsors or eligible persons for the
   70         purpose of providing eligible housing under the State
   71         Housing Initiatives Partnership Program; amending s.
   72         420.9071, F.S.; conforming a cross-reference; amending
   73         ss. 125.01055 and