Bill Amendment: FL S1500 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Housing for the Homeless
Status: 2015-05-01 - Died in Appropriations [S1500 Detail]
Download: Florida-2015-S1500-Senate_Committee_Amendment_813134.html
Bill Title: Housing for the Homeless
Status: 2015-05-01 - Died in Appropriations [S1500 Detail]
Download: Florida-2015-S1500-Senate_Committee_Amendment_813134.html
Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for SB 1500
Ì813134zÎ813134
LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Latvala) recommended the following:
1 Senate Amendment
2
3 Delete lines 421 - 612
4 and insert:
5 420.9075(5)(i) s. 420.9075(5)(h) from eligible persons or
6 eligible sponsors, which funds were not used for assistance to
7 an eligible household for an eligible activity, when there is a
8 default on the terms of a grant award or loan award.
9 (26) “Rent subsidies” means ongoing monthly rental
10 assistance. The term does not include initial assistance to
11 tenants, such as grants or loans for security and utility
12 deposits.
13 Section 6. Subsection (7) of section 420.9072, Florida
14 Statutes, is amended, present subsections (8) and (9) of that
15 section are redesignated as subsections (9) and (10),
16 respectively, and a new subsection (8) is added to that section,
17 to read:
18 420.9072 State Housing Initiatives Partnership Program.—The
19 State Housing Initiatives Partnership Program is created for the
20 purpose of providing funds to counties and eligible
21 municipalities as an incentive for the creation of local housing
22 partnerships, to expand production of and preserve affordable
23 housing, to further the housing element of the local government
24 comprehensive plan specific to affordable housing, and to
25 increase housing-related employment.
26 (7) A county or an eligible municipality must expend its
27 portion of the local housing distribution only to implement a
28 local housing assistance plan or as provided in this subsection.
29 A county or an eligible municipality may not expend its portion
30 of the local housing distribution to provide rent subsidies;
31 however, this does not prohibit the use of funds for security
32 and utility deposit assistance.
33 (8) A county or an eligible municipality may not expend its
34 portion of the local housing distribution to provide ongoing
35 rent subsidies, except for:
36 (a) Security and utility deposit assistance.
37 (b) Eviction prevention not to exceed 6 months’ rent.
38 (c) A rent subsidy program for very-low-income households
39 with at least one adult who is a person with special needs as
40 defined in s. 420.0004 or homeless as defined in s. 420.621. The
41 period of rental assistance may not exceed 12 months for any
42 eligible household.
43 Section 7. Present subsections (5) through (7) of section
44 420.9073, Florida Statutes, are redesignated as subsections (6)
45 through (8), and a new subsection (5) is added to that section,
46 to read:
47 420.9073 Local housing distributions.—
48 (5) Notwithstanding subsections (1) through (4), the
49 corporation shall first distribute 4 percent of the total amount
50 to be distributed in a given fiscal year from the Local
51 Government Housing Trust Fund to the Department of Children and
52 Families and the Department of Economic Opportunity as follows:
53 (a) The Department of Children and Families shall receive
54 95 percent of such amount to provide operating funds and other
55 support to the designated lead agency in each continuum of care
56 for the benefit of the designated catchment area as described in
57 s. 420.624.
58 (b) The Department of Economic Opportunity shall receive 5
59 percent of such amount to provide training and technical
60 assistance to lead agencies receiving operating funds and other
61 support under paragraph (a) in accordance with s. 420.606(3).
62 Training and technical assistance funded by this distribution
63 shall be provided by a nonprofit entity that meets the
64 requirements of s. 420.531.
65 Section 8. Paragraph (a) of subsection (2) of section
66 420.9075, Florida Statutes, is amended, paragraph (f) is added
67 to subsection (3), subsection (5) of that section is amended,
68 and paragraph (i) is added to subsection (10) of that section,
69 to read:
70 420.9075 Local housing assistance plans; partnerships.—
71 (2)(a) Each county and each eligible municipality
72 participating in the State Housing Initiatives Partnership
73 Program shall encourage the involvement of appropriate public
74 sector and private sector entities as partners in order to
75 combine resources to reduce housing costs for the targeted
76 population. This partnership process should involve:
77 1. Lending institutions.
78 2. Housing builders and developers.
79 3. Nonprofit and other community-based housing and service
80 organizations.
81 4. Providers of professional services relating to
82 affordable housing.
83 5. Advocates for low-income persons, including, but not
84 limited to, homeless people, the elderly, and migrant
85 farmworkers.
86 6. Real estate professionals.
87 7. Other persons or entities who can assist in providing
88 housing or related support services.
89 8. Lead agencies of local homeless assistance continuums of
90 care.
91 (3)
92 (f) Each county and each eligible municipality is
93 encouraged to develop a strategy within its local housing
94 assistance plan which provides program funds for reducing
95 homelessness.
96 (5) The following criteria apply to awards made to eligible
97 sponsors or eligible persons for the purpose of providing
98 eligible housing:
99 (a) At least 65 percent of the funds made available in each
100 county and eligible municipality from the local housing
101 distribution must be reserved for home ownership for eligible
102 persons.
103 (b) Up to 25 percent of the funds made available in each
104 county and eligible municipality from the local housing
105 distribution may be reserved for rental housing for eligible
106 persons or for the purposes enumerated in s. 420.9072(8).
107 (c)(b) At least 75 percent of the funds made available in
108 each county and eligible municipality from the local housing
109 distribution must be reserved for construction, rehabilitation,
110 or emergency repair of affordable, eligible housing.
111 (d)(c) Not more than 20 percent of the funds made available
112 in each county and eligible municipality from the local housing
113 distribution may be used for manufactured housing.
114 (e)(d) The sales price or value of new or existing eligible
115 housing may not exceed 90 percent of the average area purchase
116 price in the statistical area in which the eligible housing is
117 located. Such average area purchase price may be that calculated
118 for any 12-month period beginning not earlier than the fourth
119 calendar year prior to the year in which the award occurs or as
120 otherwise established by the United States Department of the
121 Treasury.
122 (f)(e)1. All units constructed, rehabilitated, or otherwise
123 assisted with the funds provided from the local housing
124 assistance trust fund must be occupied by very-low-income
125 persons, low-income persons, and moderate-income persons except
126 as otherwise provided in this section.
127 2. At least 30 percent of the funds deposited into the
128 local housing assistance trust fund must be reserved for awards
129 to very-low-income persons or eligible sponsors who will serve
130 very-low-income persons and at least an additional 30 percent of
131 the funds deposited into the local housing assistance trust fund
132 must be reserved for awards to low-income persons or eligible
133 sponsors who will serve low-income persons. This subparagraph
134 does not apply to a county or an eligible municipality that
135 includes, or has included within the previous 5 years, an area
136 of critical state concern designated or ratified by the
137 Legislature for which the Legislature has declared its intent to
138 provide affordable housing. The exemption created by this act
139 expires on July 1, 2013, and shall apply retroactively.
140 (g)(f) Loans shall be provided for periods not exceeding 30
141 years, except for deferred payment loans or loans that extend
142 beyond 30 years which continue to serve eligible persons.
143 (h)(g) Loans or grants for eligible rental housing
144 constructed, rehabilitated, or otherwise assisted from the local
145 housing assistance trust fund must be subject to recapture
146 requirements as provided by the county or eligible municipality
147 in its local housing assistance plan unless reserved for
148 eligible persons for 15 years or the term of the assistance,
149 whichever period is longer. Eligible sponsors that offer rental
150 housing for sale before 15 years or that have remaining
151 mortgages funded under this program must give a first right of
152 refusal to eligible nonprofit organizations for purchase at the
153 current market value for continued occupancy by eligible
154 persons.
155 (i)(h) Loans or grants for eligible owner-occupied housing
156 constructed, rehabilitated, or otherwise assisted from proceeds
157 provided from the local housing assistance trust fund shall be
158 subject to recapture requirements as provided by the county or
159 eligible municipality in its local housing assistance plan.
160 (j)(i) The total amount of monthly mortgage payments or the
161 amount of monthly rent charged by the eligible sponsor or her or
162 his designee must be made affordable.
163 (k)(j) The maximum sales price or value per unit and the
164 maximum award per unit for eligible housing benefiting from
165 awards made pursuant to this section must be established in the
166 local housing assistance plan.
167 (l)(k) The benefit of assistance provided through the State
168 Housing Initiatives Partnership Program must accrue to eligible
169 persons occupying eligible housing. This provision shall not be
170 construed to prohibit use of the local housing distribution
171 funds for a mixed income rental development.
172 (m)(l) Funds from the local housing distribution not used
173 to meet the criteria established in paragraph (a) or paragraph
174 (c) (b) or not used for the administration of a local housing
175 assistance plan must be used for housing production and finance
176 activities, including, but not limited to, financing
177 preconstruction activities or the purchase of existing units,
178 providing rental housing, and providing home ownership training
179 to prospective home buyers and owners of homes assisted through
180 the local housing assistance plan.
181 1. Notwithstanding the provisions of paragraphs (a) and (c)
182 (b), program income as defined in s. 420.9071(24) may also be
183 used to fund activities described in this paragraph.
184 2. When preconstruction due-diligence activities conducted
185 as part of a preservation strategy show that preservation of the
186 units is not feasible and will not result in the production of
187 an eligible unit, such costs shall be deemed a program expense
188 rather than an administrative expense if such program expenses
189 do not exceed 3 percent of the annual local housing
190 distribution.
191 3. If both an award under the local housing assistance plan
192 and federal low-income housing tax credits are used to assist a
193 project and there is a conflict between the criteria prescribed
194 in this subsection and the requirements of s. 42 of the Internal
195 Revenue Code of 1986, as amended, the county or eligible
196 municipality may resolve the conflict by giving precedence to
197 the requirements of s. 42 of the Internal Revenue Code of 1986,
198 as amended, in lieu of following the criteria prescribed in this
199 subsection with the exception of paragraphs (a) and (f) (e) of
200 this subsection.
