Bill Text: FL S1996 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Department of Economic Opportunity
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2012-03-09 - Ordered engrossed, then enrolled -SJ 1679 [S1996 Detail]
Download: Florida-2012-S1996-Introduced.html
Bill Title: Department of Economic Opportunity
Spectrum: Committee Bill
Status: (Enrolled - Dead) 2012-03-09 - Ordered engrossed, then enrolled -SJ 1679 [S1996 Detail]
Download: Florida-2012-S1996-Introduced.html
Florida Senate - 2012 SB 1996 By the Committee on Budget 576-03492-12 20121996__ 1 A bill to be entitled 2 An act relating to the Department of Economic 3 Opportunity; repealing s. 49 of ch. 2011-47, Laws of 4 Florida; abrogating the future expiration of an 5 amendment to s. 163.3247(3)(d), F.S., to nullify the 6 reversion of the text of that paragraph to that in 7 existence on June 30, 2010; repealing s. 51 of ch. 8 2011-47, Laws of Florida; abrogating the future 9 expiration of an amendment to s. 201.15(1)(c)2., F.S., 10 to nullify the reversion of the text of that 11 subparagraph to that in existence on June 30, 2010; 12 amending s. 420.0005, F.S.; providing for the deposit 13 of loan repayments, penalties, and other fees and 14 charges into the State Housing Trust Fund in the State 15 Treasury; providing that expenditures from the State 16 Housing Fund for administrative and personnel costs 17 are subject to appropriation by the Legislature; 18 requiring that the interest received on investments of 19 moneys in the State Housing Fund in excess of the 20 amounts appropriated for the current fiscal year be 21 credited to the State Housing Trust Fund; prohibiting 22 funds received by the Florida Housing Finance 23 Corporation from the United States Treasury or any 24 other source for the Hardest-Hit Fund program from 25 being deposited into the State Treasury; providing 26 that such funds are not subject to appropriation by 27 the Legislature; amending s. 420.504, F.S.; creating 28 the Florida Housing Finance Agency within the 29 Department of Economic Opportunity as a state agency 30 and instrumentality; revising provisions to conform to 31 changes made by the act; amending s. 420.507, F.S.; 32 revising the powers of the Florida Housing Finance 33 Corporation; providing for certain moneys to be 34 deposited into the State Housing Trust Fund or the 35 Federal Grants Trust Fund, as appropriate; requiring 36 that the corporation expend funds from the Federal 37 Grants Trust Fund as appropriated by the Legislature; 38 deleting provisions that exempt the corporation from 39 certain state budgetary requirements; deleting a 40 provision that authorizes the corporation to retain 41 unused operational expenditures; amending s. 420.508, 42 F.S.; providing for the deposit of certain moneys into 43 the State Housing Trust Fund or the Federal Grants 44 Trust Fund, as appropriate; requiring that 45 expenditures from the Florida Housing Finance 46 Corporation Fund be included in the corporation’s 47 budget request and be subject to appropriation by the 48 Legislature; amending s. 420.5087, F.S.; revising 49 provisions relating to the State Apartment Incentive 50 Loan Program; conforming a cross-reference; deleting 51 an obsolete provision; requiring that loan repayments 52 and certain proceeds be accounted for by the 53 corporation and be deposited into the State Housing 54 Trust Fund; deleting a provision that prohibits loan 55 repayments and certain proceeds from reverting to the 56 General Revenue Fund; requiring that expenditures from 57 the State Apartment Incentive Loan Fund be included in 58 the corporation’s budget request and be subject to 59 appropriation by the Legislature; authorizing the use 60 of certain funds for construction in fiscal years 61 subsequent to the fiscal years for which the funds 62 were appropriated, upon approval by the Legislative 63 Budget Commission; requiring that the corporation 64 account for certain funds and deposit them into the 65 State Housing Trust Fund; prohibiting the corporation 66 from transferring funds for its loan loss insurance 67 reserve except upon approval of a budget amendment by 68 the Legislative Budget Commission; amending s. 69 420.5088, F.S.; revising provisions relating to the 70 Florida Homeownership Assistance Program; deleting an 71 obsolete provision; requiring that the corporation 72 account for certain moneys deposited into the State 73 Housing Trust Fund; requiring that expenditures from 74 the Florida Homeownership Assistance Fund be included 75 in the corporation’s budget request and be subject to 76 appropriation by the Legislature; amending s. 77 420.5089, F.S.; revising provisions relating to the 78 HOME Investment Partnership Program; deleting an 79 obsolete provision; requiring that the corporation 80 account for certain moneys deposited into the State 81 Housing Trust Fund; authorizing the corporation to use 82 certain funds for construction in fiscal years 83 subsequent to the fiscal years for which the funds 84 were appropriated, upon the approval of a budget 85 amendment by the Legislative Budget Commission; 86 providing for certain funds to be deposited into the 87 State Housing Trust Fund; amending s. 420.5091, F.S.; 88 revising provisions relating to the HOPE Program; 89 providing for the deposit of certain funds into the 90 State Housing Trust Fund; amending s. 420.5092, F.S.; 91 revising provisions relating to the Florida Affordable 92 Housing Guarantee Program; authorizing the use of 93 certain funds to support the Florida Affordable 94 Housing Guarantee Program; prohibiting the corporation 95 from issuing new guarantees for the payment of any 96 affordable housing project, beginning July 1, 2012; 97 requiring that all guarantee fund earnings, 98 recoveries, and other funds received in conjunction 99 with the guarantee fund be deposited into the 100 guarantee fund; providing that such funds are not 101 subject to appropriation by the Legislature; amending 102 s. 420.525, F.S.; revising provisions relating to the 103 Housing Predevelopment Fund; deleting an obsolete 104 provision; requiring that expenditures from the 105 Housing Predevelopment Fund be included in the 106 corporation’s budget request and be subject to 107 appropriation by the Legislature; authorizing the use 108 certain funds for predevelopment activities in fiscal 109 years subsequent to the fiscal years for which the 110 funds were appropriated, upon approval of a budget 111 amendment by the Legislative Budget Commission; 112 requiring that the corporation account for certain 113 moneys to be deposited into the State Housing Trust 114 Fund; deleting a provision that prohibits certain 115 funds, loan repayments, proceeds from reverting to the 116 General Revenue Fund; amending ss. 420.526 and 117 420.529, F.S.; requiring that the corporation account 118 for certain moneys to be repaid to or deposited into 119 the State Housing Trust Fund; amending s. 420.9079, 120 F.S.; providing for the deposit of certain moneys into 121 the Local Government Housing Trust Fund; requiring 122 that the interest on invested funds be credited to the 123 Local Government Housing Trust Fund; amending s. 124 443.036, F.S.; revising the definition of the term 125 “initial skills review” to correct a reference to the 126 agency that approves online education or training 127 programs as the Department of Economic Opportunity 128 rather than the Agency for Workforce Innovation; 129 amending s. 445.009, F.S.; deleting the future 130 expiration of provisions authorizing worker’s 131 compensation coverage for a participant in an adult or 132 youth work experience activity; repealing s. 445.06, 133 F.S., relating to the Florida Ready to Work 134 Certification Program; amending s. 1003.4285, F.S.; 135 deleting a provision that requires a standard high 136 school diploma to include a designation reflecting a 137 Florida Ready to Work Credential, to conform to 138 changes made by the act; directing the Department of 139 Economic Opportunity to prepare draft legislation to 140 conform the Florida Statutes to the provisions of the 141 act; requiring that the department submit the draft 142 legislation to the Governor and the Legislature by a 143 specified date; amending s. 212.20, F.S.; requiring 144 that the Department of Revenue distribute monthly to 145 the Florida Institute of Technology a specified amount 146 for the purpose of operating a space exploration 147 research institute; requiring that the Florida 148 Institute of Technology develop a plan for the space 149 exploration research institute in conjunction with 150 Space Florida; authorizing a local governmental entity 151 that is an independent special district providing 152 certain utility services to reduce its rates by 153 resolution for a specified time for a user that will 154 provide a community benefit; providing that the 155 governmental entity may purchase fuel under the same 156 conditions enjoyed by municipalities and counties; 157 providing effective dates. 158 159 Be It Enacted by the Legislature of the State of Florida: 160 161 Section 1. Section 49 of chapter 2011-47, Laws of Florida, 162 is repealed. 163 Section 2. Section 51 of chapter 2011-47, Laws of Florida, 164 is repealed. 165 Section 3. Section 420.0005, Florida Statutes, is amended 166 to read: 167 420.0005 State Housing Trust Fund; State Housing Fund.— 168 (1) There is hereby established in the State Treasury a 169 separate trust fund to be named the “State Housing Trust Fund.” 170 There shall be deposited in the fund all moneys appropriated by 171 the Legislature, or moneys received from any other source, for 172 the purpose of this chapter, including all loan repayments, 173 penalties, and other fees and charges accruing to the fund under 174 this chapter, and all proceeds derived from the use of such 175 moneys. The fund shall be administered by the Florida Housing 176 Finance Corporation on behalf of the department, as specified in 177 this chapter. Money deposited to the fund and appropriated by 178 the Legislature must, notwithstanding the provisions of chapter 179 216or s.420.504(3), be transferred quarterly in advance, to 180 the extent available, or, if not so available, as soon as 181 received into the State Housing Trust Fund, and subject to the 182 provisions of s. 420.5092(6)(a) and (b) by the Chief Financial 183 Officer to the corporation upon certification by the executive 184 director of the Department of Economic Opportunity that the 185 corporation is in compliance with the requirements of s. 186 420.0006. The certification made by the executive director 187secretaryshall also include the split of funds among programs 188 administered by the corporation and the department as specified 189 in chapter 92-317, Laws of Florida, as amended. Moneys advanced 190 by the Chief Financial Officer must be deposited by the 191 corporation into a separate fund established with a qualified 192 public depository meeting the requirements of chapter 280 to be 193 named the “State Housing Fund,” or into the appropriate fund 194 established with a qualified public depository meeting the 195 requirements of chapter 280 as specified in the General 196 Appropriations Act, and used for the purposes of this chapter. 197 Administrative and personnel costs incurred in implementing this 198 chapter may be paid from the State Housing Fund, as appropriated 199 by the Legislaturebut such costs may not exceed 5 percent of200the moneys deposited into such fund.To the State Housing Fund201shall be credited all loan repayments, penalties, and other fees202and charges accruing to such fund under this chapter. It is the203intent of this chapter that all loan repayments, penalties, and204other fees and charges collected be credited in full to the205program account from which the loan originated.Moneys in the 206 State Housing Fund, or other funds specified in the General 207 Appropriations Act, which are in excess of the amounts 208 appropriated for the current fiscal year and are not 209 contractually obligatedwhich are not currently needed for the210purposes of this chaptershall be deposited with the State 211 Treasury to the credit of the State Housing Trust Fund and may 212 be invested in such manner as is provided for by statute. The 213 interest received on any such investment shall be credited to 214 the State Housing Trust Fund. 215 (2) Notwithstanding subsection (1), all funds received by 216 the Florida Housing Finance Corporation from the United States 217 Treasury or from any other source for the Hardest-Hit Fund 218 program, established pursuant to the Emergency Economic 219 Stabilization Act of 2008, may not be deposited into the State 220 Treasury and are not subject to appropriation by the 221 Legislature. 222 Section 4. Effective July 1, 2013, section 420.504, Florida 223 Statutes, is amended to read: 224 420.504 AgencyPublic corporation; creation, membership, 225 terms, expenses.— 226 (1) There is created within the Department of Economic 227 Opportunity a state agency and instrumentality that shall be 228public corporation anda public body corporate and politic, to 229 be known as the “Florida Housing Finance AgencyCorporation.”It230is declared to be the intent of and constitutional construction231by the Legislature that the Florida Housing Finance Corporation232constitutes an entrepreneurial public corporation organized to233provide and promote the public welfare by administering the234governmental function of financing or refinancing housing and235related facilities in Florida and that the corporation is not a236department of the executive branch of state government within237the scope and meaning of s. 6, Art. IV of the State238Constitution, but is functionally related to the Department of239Economic Opportunity in which it is placed. The executive240function of state government to be performed by the executive241director of the Department of Economic Opportunity in the242conduct of the business of the Florida Housing Finance243Corporation must be performed pursuant to a contract to monitor244and set performance standards for the implementation of the245business plan for the provision of housing approved for the246corporation as provided in s.420.0006. This contract shall247include the performance standards for the provision of248affordable housing in Florida established in the business plan249described in s.420.511.250(2) The corporation is constituted as a public251instrumentality, and the exercise by the corporation of the252power conferred by this act is considered to be the performance253of an essential public function. The corporation is an agency254for the purposes of s.120.52and is a state agency for purposes255of s.159.807(4). The corporation is subject to chapter 119,256subject to exceptions applicable to the corporation, and to the257provisions of chapter 286; however, the corporation shall be258entitled to provide notice of internal review committee meetings259for competitive proposals or procurement to applicants by mail,260facsimile, or publication on an Internet website, rather than by261means of publication. The corporation is not governed by chapter262607 or chapter 617, but by the provisions of this part. If for263any reason the establishment of the corporation is deemed in264violation of law, such provision is severable and the remainder265of this act remains in full force and effect.266 (2)(3)The corporation is a separate budget entity and is267not subject to control, supervision, or direction by the268Department of Economic Opportunity in any manner, including, but269not limited to, personnel, purchasing, transactions involving270real or personal property, and budgetary matters.The agency 271corporationshall consist of a board of directors composed of 272 the executive director of the Department of Economic Opportunity 273 as an ex officio and voting member, or a senior-level agency 274 employee designated by the director, and eight members appointed 275 by the Governor subject to confirmation by the Senate from the 276 following: 277 (a) One citizen actively engaged in the residential home 278 building industry. 279 (b) One citizen actively engaged in the banking or mortgage 280 banking industry. 281 (c) One citizen who is a representative of those areas of 282 labor engaged in home building. 283 (d) One citizen with experience in housing development who 284 is an advocate for low-income persons. 285 (e) One citizen actively engaged in the commercial building 286 industry. 287 (f) One citizen who is a former local government elected 288 official. 289 (g) Two citizens of the state who are not principally 290 employed as members or representatives of any of the groups 291 specified in paragraphs (a)-(f). 292 (3)(4)(a) Members of the agency’s boardcorporationshall 293 be appointed for terms of 4 years, except that any vacancy shall 294 be filled for the unexpired term. 295 (b) Subject to removal or reinstatement of the member by 296 the Senate, the Governor may suspend a member for cause, 297 including, but not limited to, failure to attend at least 3 298 meetings of the board during any 12-month period. 299 (4)(5)The chair and a vice chair shall be elected annually 300 by the members thereof. Any additional officers, who need not be 301 members, as may be deemed necessary by the members of the agency 302corporationmay be designated and elected by the members 303 thereof. 304 (5)(6)A member of the agency’s board may notof directors305of the corporation shallreceivenocompensation for his or her 306 services but isshall beentitled to the necessary expenses, 307 including per diem and travel expenses, incurred in the 308 discharge of his or her duties, as provided by law. 309 (6)(7)Each member of the agency’s boardof directors of310the corporationshall file full and public disclosure of 311 financial interests at the times and places and in the same 312 manner required of elected constitutional officers under s. 8, 313 Art. II of the State Constitution and any law implementing s. 8, 314 Art. II of the State Constitution. 315 (7)(8)The agencycorporationis an agencya corporation316 primarily acting as an instrumentality of the state, within the 317 meaning of s. 768.28. 318 Section 5. Present subsections (32) through (47) of section 319 420.507, Florida Statutes, are redesignated as subsections (31) 320 through (46), respectively, subsections (10), (28), and (30) of 321 that section are amended, and present subsections (31) and (33) 322 of that section are amended, to read: 323 420.507 Powers of the corporation.—The corporation shall 324 have all the powers necessary or convenient to carry out and 325 effectuate the purposes and provisions of this part, including 326 the following powers which are in addition to all other powers 327 granted by other provisions of this part: 328 (10) To contract for and to accept gifts, grants, loans, or 329 other aid from the United States Government or any person or 330 corporation which, except as otherwise expressly provided by 331 law, shall be deposited into the State Housing Trust Fund or the 332 Federal Grants Trust Fund, as appropriate, for expenditure as 333 appropriated by the Legislature. 334 (28) To expend amounts appropriated by the Legislature 335advancedfrom the State Housing Trust Fund for the purposes of 336 this part. 337 (30) To prepare and submit to the executive director 338secretaryof the department a budget request for purposes of the 339 corporation, whichrequestshall, notwithstanding the provisions340of chapter 216 and in accordance with s.216.351,contain a 341 request for operational expenditures and separate requests for 342 other authorized corporation programs.The request shall not be343required to contain information on the number of employees,344salaries, or any classification thereof, and the approved345operating budget therefor need not comply with s.216.181(8)346(10).The executive directorsecretaryis authorized to include 347 within the department’s budget request the corporation’s budget 348 request in the form as authorized by this section. 349(31) Notwithstanding the provisions of s.216.301, to350retain any unused operational expenditure appropriation for351other lawful purposes of the corporation.352 (32)(33)To receive federal funding in connection with the 353 corporation’s programsdirectlyfrom the Federal Government, 354 which, except as otherwise expressly provided by law, shall be 355 deposited into the Federal Grants Trust Fund for expenditure as 356 appropriated by the Legislature, and to receive federal funds 357 for which anocorresponding program has not been created in 358 statute and establish selection criteria for such funds by 359 request for proposals or other competitive solicitation. 360 Section 6. Subsection (5) of section 420.508, Florida 361 Statutes, is amended to read: 362 420.508 Special powers; multifamily and single-family 363 projects.—The corporation shall have the special power to: 364 (5) Establish with a qualified depository meeting the 365 requirements of chapter 280, a separate fund to be known as the 366 “Florida Housing Finance Corporation Fund,” to be administered 367 by the corporation in accordance with the purposes of this 368 chapter. All fees collected by the corporationdirectlyfrom the 369 Federal Government for administration of the United States 370 Department of Housing and Urban Development Section 8 housing 371 program, all annual administrative fees collected by trustees 372 for bond programs and remitted to the corporation, all expense 373 fees related to costs of bond issuance collected by trustees and 374 remitted to the corporation, and all tax credit program fees 375 must be deposited into the State Housing Trust Fund or the 376 Federal Grants Trust Fund, as appropriate, in the State Treasury 377fund. The Florida Housing Finance Corporation Fund shall be used 378utilizedfor the purposes of the corporation, including payment 379 of administrative expenses. Expenditures from the Florida 380 Housing Finance Corporation Fund shallnotberequired to be381 included in the corporation’s budget request and areorbe382 subject to appropriation by the Legislature. 383 Section 7. Paragraph (c) of subsection (6) and subsections 384 (7) and (8) of section 420.5087, Florida Statutes, are amended 385 to read: 386 420.5087 State Apartment Incentive Loan Program.—There is 387 hereby created the State Apartment Incentive Loan Program for 388 the purpose of providing first, second, or other subordinated 389 mortgage loans or loan guarantees to sponsors, including for 390 profit, nonprofit, and public entities, to provide housing 391 affordable to very-low-income persons. 392 (6) On all state apartment incentive loans, except loans 393 made to housing communities for the elderly to provide for 394 lifesafety, building preservation, health, sanitation, or 395 security-related repairs or improvements, the following 396 provisions shall apply: 397 (c) The corporation shall provide by rule for the 398 establishment of a review committee composed of the department 399 and corporation staff and shall establish by rule a scoring 400 system for evaluation and competitive ranking of applications 401 submitted in this program, including, but not limited to, the 402 following criteria: 403 1. Tenant income and demographic targeting objectives of 404 the corporation. 405 2. Targeting objectives of the corporation which will 406 ensure an equitable distribution of loans between rural and 407 urban areas. 408 3. Sponsor’s agreement to reserve the units for persons or 409 families who have incomes below 50 percent of the state or local 410 median income, whichever is higher, for a time period to exceed 411 the minimum required by federal law or the provisions of this 412 part. 413 4. Sponsor’s agreement to reserve more than: 414 a. Twenty percent of the units in the project for persons 415 or families who have incomes that do not exceed 50 percent of 416 the state or local median income, whichever is higher; or 417 b. Forty percent of the units in the project for persons or 418 families who have incomes that do not exceed 60 percent of the 419 state or local median income, whichever is higher, without 420 requiring a greater amount of the loans as provided in this 421 section. 422 5. Provision for tenant counseling. 423 6. Sponsor’s agreement to accept rental assistance 424 certificates or vouchers as payment for rent. 425 7. Projects requiring the least amount of a state apartment 426 incentive loan compared to overall project cost except that the 427 share of the loan attributable to units serving extremely-low 428 income persons shall be excluded from this requirement. 429 8. Local government contributions and local government 430 comprehensive planning and activities that promote affordable 431 housing. 432 9. Project feasibility. 433 10. Economic viability of the project. 434 11. Commitment of first mortgage financing. 435 12. Sponsor’s prior experience. 436 13. Sponsor’s ability to proceed with construction. 437 14. Projects that directly implement or assist welfare-to 438 work transitioning. 439 15. Projects that reserve units for extremely-low-income 440 persons. 441 16. Projects that include green building principles, storm 442 resistant construction, or other elements that reduce long-term 443 costs relating to maintenance, utilities, or insurance. 444 17. Job-creation rate of the developer and general 445 contractor, as provided in s. 420.507(46)s.420.507(47). 446 (7) There is authorized to be established by the 447 corporation with a qualified public depository meeting the 448 requirements of chapter 280 a separate fund to be named the 449 “State Apartment Incentive Loan Fund,” which shall be 450 administered by the corporation according to the provisions of 451 this program.Any amounts held in the State Apartment Incentive452Loan Trust Fund for such purpose as of January 1, 1998, must be453transferred to the corporation for deposit in the State454Apartment Incentive Loan Fund and the State Apartment Incentive455Loan Trust Fund must be closed.There shall be deposited into 456 the fund moneys from the State Housing Trust Fund as created by 457 s. 420.0005, or moneys received from any other source, for the 458 purpose of this programand all proceeds derived from the use of459such moneys. HoweverIn addition, all loan repayments, proceeds 460 from the sale of any property, and any other proceeds that would 461 otherwise accrue pursuant to the activities conducted under the 462 provisions of the State Apartment Incentive Loan Program shall 463 be accounted for by the corporation and deposited intointhe 464 State Housing Trust Fund in the State Treasuryfundand shall465not revert to the General Revenue Fund. Expenditures from the 466 State Apartment Incentive Loan Fund shallnotbe required tobe 467 included in the corporation’s budget request and areorbe468 subject to appropriation by the Legislature. If the construction 469 period extends beyonda loan commitment for program funds is470entered into duringthe state fiscal year for which the program 471 funds arewereappropriated, or the fiscal year in which the 472 loan commitment is entered, the funds mayshall continue tobe 473 used in a subsequent fiscal year upon the approval of a budget 474 amendment for such funds by the Legislative Budget Commission 475made available for use during the entire construction period,476even if it extends beyond the state fiscal year in which the477loan commitment was entered. 478 (8) If a default on a loan occurs, the corporation may 479 foreclose on any mortgage or security interest or commence any 480 legal action to protect the interest of the corporation or the 481 fund and recover the amount of the unpaid principal, accrued 482 interest, and fees on behalf of the fund. The corporation may 483 acquire real and personal property or any interest therein when 484 that acquisition is necessary or appropriate to protect any 485 loan; to sell, transfer, and convey any such property to a buyer 486 without regard to the provisions of chapters 253 and 270; and, 487 if that sale, transfer, or conveyance cannot be effected within 488 a reasonable time, to lease such property for occupancy by 489 eligible persons. All sums recovered from the sale, transfer, 490 conveyance, or lease of such property shall be accounted for by 491 the corporation and deposited into the State Housing Trust 492Apartment Incentive LoanFund in the State Treasury. The 493 corporation may not transfer funds for its loan loss insurance 494 reserve except upon approval of a budget amendment for such 495 funds by the Legislative Budget Commission. 496 Section 8. Subsection (4) of section 420.5088, Florida 497 Statutes, is amended to read: 498 420.5088 Florida Homeownership Assistance Program.—There is 499 created the Florida Homeownership Assistance Program for the 500 purpose of assisting low-income and moderate-income persons in 501 purchasing a home as their primary residence by reducing the 502 cost of the home with below-market construction financing, by 503 reducing the amount of down payment and closing costs paid by 504 the borrower to a maximum of 5 percent of the purchase price, or 505 by reducing the monthly payment to an affordable amount for the 506 purchaser. Loans shall be made available at an interest rate 507 that does not exceed 3 percent. The balance of any loan is due 508 at closing if the property is sold, refinanced, rented, or 509 transferred, unless otherwise approved by the corporation. 510 (4) There is authorized to be established by the 511 corporation with a qualified public depository meeting the 512 requirements of chapter 280 the Florida Homeownership Assistance 513 Fund to be administered by the corporation according to the 514 provisions of this program.Any amounts held in the Florida515Homeownership Assistance Trust Fund for such purposes as of516January 1, 1998, must be transferred to the corporation for517deposit in the Florida Homeownership Assistance Fund, whereupon518the Florida Homeownership Assistance Trust Fund must be closed.519 There shall be deposited in the fund moneys from the State 520 Housing Trust Fund created by s. 420.0005,or moneys received 521 from any other source,for the purpose of this programand all522proceeds derived from the use of such moneys. HoweverIn523addition, all unencumbered funds, loan repayments, proceeds from 524 the sale of any property, and any other proceeds that would 525 otherwise accrue pursuant to the activities of the programs 526 described in this section shall be accounted for by the 527 corporation and deposited into the State Housing Trust Fund in 528 the State Treasurytransferred to thisfund. In addition, all 529 loan repayments, proceeds from the sale of any property, and any 530 other proceeds that would otherwise accrue pursuant to the 531 activities conducted under the provisions of the Florida 532 Homeownership Assistance Program shall be accounted for by the 533 corporation and deposited intointhe State Housing Trust Fund 534 in the State Treasuryfundand shall not revert to the General535Revenue Fund. Expenditures from the Florida Homeownership 536 Assistance Fund shallnot be required tobe included in the 537 corporation’s budget request and areorbesubject to 538 appropriation by the Legislature. 539 Section 9. Subsections (1) and (10) of section 420.5089, 540 Florida Statutes, are amended to read: 541 420.5089 HOME Investment Partnership Program; HOME 542 Investment Partnership Fund.— 543 (1) There is authorized to be established by the 544 corporation with a qualified public depository meeting the 545 requirements of chapter 280 the HOME Investment Partnership 546 Fund, which shall be administered by the corporation according 547 to the provisions of the HOME Investment Partnership Program 548 which is hereby created.Any amounts held in the HOME549Partnership Trust Fund for such purposes as of January 1, 1998,550must be transferred to the corporation for deposit in the HOME551Investment Partnership Fund, whereupon the HOME Partnership552Trust Fund must be closed.There shall be deposited into the 553 fund moneys appropriated from the State Housing Trust Fund. 554 Howeveror moneys received from any other source for the purpose555of this program, and all proceeds derived from the use of such556moneys. In addition, all loan repayments, proceeds from the sale 557 of any property, and any other proceeds that would otherwise 558 accrue pursuant to the activities conducted under the provisions 559 of the HOME Investment Partnership Program shall be accounted 560 for by the corporation and deposited into the State Housing 561 Trust Fund in the State Treasuryfund and shall not revert to562the General Revenue Fund. Expenditures from the HOME Investment 563 Partnership Fund shallnotbe required tobe included in the 564 corporation’s budget request and areorbesubject to 565 appropriation by the Legislature. If the construction period 566 extends beyond the state fiscal year in which the funds are 567 appropriated, the funds may be used in a subsequent fiscal year 568 upon the approval of a budget amendment for such funds by the 569 Legislative Budget Commission. 570 (10) All sums recovered from the sale, transfer, 571 conveyance, or lease of such property shall be deposited into 572 the State Housing TrustHOME Investment PartnershipFund for 573 expenditure as appropriated by the Legislature. 574 Section 10. Subsection (1) of section 420.5091, Florida 575 Statutes, is amended to read: 576 420.5091 HOPE Program.— 577 (1) The corporation may adopt rules to implement the HOPE 578 Program, created by the 1990 National Affordable Housing Act, to 579 make loans and grants, foreclose on any mortgage or security 580 interest, or commence any legal action to protect the interest 581 of the corporation and recover the amount of the unpaid 582 principal, accrued interest, and fees. The corporation may 583 acquire real and personal property or any interest in the 584 property if that acquisition is necessary to protect any loan; 585 sell, transfer, and convey any such property to a buyer without 586 regard to the provisions of chapters 253 and 270; and, if that 587 sale, transfer, or conveyance cannot be effected within a 588 reasonable time, lease such property for occupancy by eligible 589 persons. All sums recovered from the sale, transfer, conveyance, 590 or lease of such property shall be deposited into the State 591 Housing TrustHOME Investment PartnershipFund in the State 592 Treasury. 593 Section 11. Subsection (3) of section 420.5092, Florida 594 Statutes, is amended, and subsections (12) and (13) are added to 595 that section, to read: 596 420.5092 Florida Affordable Housing Guarantee Program.— 597 (3) Amounts on deposit in the State Housing Trust Fund or 598 amounts received by the Florida Housing Finance Corporation as 599 program funds from loan programs funded by state moneys may also 600 be used to support the Florida Affordable Housing Guarantee 601 Program. Such use, if any, is in addition to those purposes for 602 which the State Housing Trust Fund was created, and such moneys 603 shall be obligated and committed in accordance with the 604 corporation certification provided for in subsection (6). 605 (12) Beginning July 1, 2012, the corporation may not issue 606 new guarantees for the payment of any obligation made to finance 607 or refinance the purchase, construction, or rehabilitation of 608 any affordable housing project. 609 (13) Notwithstanding s. 420.0005 or any other law to the 610 contrary, all guarantee fund earnings, recoveries, and other 611 funds received in conjunction with the guarantee fund pursuant 612 to this section shall be deposited into the guarantee fund and 613 are not subject to appropriation by the Legislature. 614 Section 12. Section 420.525, Florida Statutes, is amended 615 to read: 616 420.525 Housing Predevelopment Fund.— 617 (1) There is authorized to be established by the 618 corporation with a qualified public depository meeting the 619 requirements of chapter 280 a separate fund to be named the 620 “Housing Predevelopment Fund” which shall be administered by the 621 corporation according to the provisions of ss. 420.521-420.529. 622Any amounts held in the Housing Predevelopment Trust Fund for623such purposes as of January 1, 1998, must be transferred to the624corporation for deposit in the Housing Predevelopment Fund,625whereupon the Housing Predevelopment Trust Fund must be closed.626 There shall be deposited into the fund moneys appropriated from 627 the State Housing Trust Fund as created by s. 420.0005 or moneys 628 received from any other source,for the purpose of this program 629and all proceeds derived from the use of such moneys. 630 Administrative and personnel costs incurred in implementing the 631 provisions of ss. 420.521-420.529 may be paid from the fund. 632 Expenditures from the Housing Predevelopment Fund shallnotbe633required tobe included in the corporation’s budget request and 634 areorbesubject to appropriation by the Legislature. If the 635 predevelopment period extends beyond the state fiscal year in 636 which the funds are appropriated, the funds may be used in a 637 subsequent fiscal year upon the approval of a budget amendment 638 for such funds by the Legislative Budget Commission. 639 (2) All unencumbered funds, loan repayments, proceeds from 640 the sale of any property, existing funds remaining in the 641 following programs, and any other proceeds that would otherwise 642 accrue pursuant to the activities conducted under this program 643 and the provisions of the following programs shall be accounted 644 for by the corporation and deposited intointhe State Housing 645 Trust Fund in the State Treasuryfundand shall not revert to646the General Revenue Fund: 647 (a) The Rural Housing Land Acquisition and Site Development 648 Act; 649 (b) The Farmworker Housing Assistance Act; and 650 (c) The Community-Based Organization Loan Program created 651 by the Affordable Housing Planning and Community Assistance Act. 652 Section 13. Subsection (5) of section 420.526, Florida 653 Statutes, is amended to read: 654 420.526 Predevelopment Loan Program; loans and grants 655 authorized; activities eligible for support.— 656 (5) Any funds paid out of the Housing Predevelopment Fund 657 for activities under ss. 420.521-420.529 which are reimbursed to 658 the sponsor from another source shall be accounted for by the 659 corporation and repaid to the State Housing Trust Fund in the 660 State Treasury for expenditure as appropriated by the 661 Legislaturefund. 662 Section 14. Section 420.529, Florida Statutes, is amended 663 to read: 664 420.529 Default by sponsor.—If a default on a loan occurs, 665 the corporation may foreclose on any mortgage or security 666 interest or commence any legal action to protect the interest of 667 the corporation or the fund and recover the amount of the unpaid 668 principal, accrued interest, and fees on behalf of the fund. The 669 corporation may also acquire real and personal property or any 670 interest in the property if such acquisition is necessary or 671 appropriate to protect any loan; to sell, transfer, and convey 672 any such property to a buyer without regard to the provisions of 673 chapters 253 and 270; and, if such sale, transfer, or conveyance 674 cannot be effected within a reasonable time, to lease such 675 property for occupancy by eligible persons. All sums recovered 676 from the sale, transfer, conveyance, or lease of such property 677 shall be accounted for by the corporation and deposited into the 678 State Housing TrustPredevelopmentFund in the State Treasury 679 for expenditure as appropriated by the Legislature. 680 Section 15. Subsection (1) of section 420.9079, Florida 681 Statutes, is amended to read: 682 420.9079 Local Government Housing Trust Fund.— 683 (1) There is created in the State Treasury the Local 684 Government Housing Trust Fund, which shall be administered by 685 the corporation on behalf of the department according to the 686 provisions of ss. 420.907-420.9076 and this section. There shall 687 be deposited into the fund all moneys appropriated by the 688 Legislature, a portion of the documentary stamp tax revenues as 689 provided in s. 201.15, moneys received from any other source for 690 the purposes of ss. 420.907-420.9076 and this section, and all 691 proceeds derived from the investment of such moneys. Moneys in 692 the fund that are not currently needed for the purposes of the 693 programs administered pursuant to ss. 420.907-420.9076 and this 694 section shall be deposited in the State Treasury to the credit 695 of the fund and may be invested as provided by law. The interest 696 received on any such investment shall be credited to the Local 697 Government Housing Trust Fund. 698 Section 16. Subsection (26) of section 443.036, Florida 699 Statutes, is amended to read: 700 443.036 Definitions.—As used in this chapter, the term: 701 (26) “Initial skills review” means an online education or 702 training program, such as that established under s.1004.99,703 that is approved by the Department of Economic Opportunity 704Agency for Workforce Innovationand designed to measure an 705 individual’s mastery level of workplace skills. 706 Section 17. Subsection (11) of section 445.009, Florida 707 Statutes, is amended to read: 708 445.009 One-stop delivery system.— 709 (11) A participant in an adult or youth work experience 710 activity administered under this chapter shall be deemed an 711 employee of the state for purposes of workers’ compensation 712 coverage. In determining the average weekly wage, all 713 remuneration received from the employer shall be considered a 714 gratuity, and the participant isshallnotbeentitled to any 715 benefits otherwise payable under s. 440.15, regardless of 716 whether the participant may be receiving wages and remuneration 717 from other employment with another employer and regardless of 718 his or her future wage-earning capacity.This subsection expires719July 1, 2012.720 Section 18. Section 445.06, Florida Statutes, is repealed. 721 Section 19. Subsection (4) of section 1003.4285, Florida 722 Statutes, is amended to read: 723 1003.4285 Standard high school diploma designations.—Each 724 standard high school diploma shall include, as applicable: 725(4) A designation reflecting a Florida Ready to Work726Credential in accordance with s.445.06.727 Section 20. The Legislature recognizes that there is a need 728 to conform the Florida Statutes to the policy decisions 729 reflected in this act. Therefore, the Department of Economic 730 Opportunity is directed to prepare draft legislation to conform 731 the Florida Statutes to the provisions of this act. The 732 department shall submit the draft legislation to the Governor, 733 the President of the Senate, and the Speaker of the House of 734 Representatives on or before October 1, 2012. 735 Section 21. Paragraph (d) of subsection (6) of section 736 212.20, Florida Statutes, is amended to read: 737 212.20 Funds collected, disposition; additional powers of 738 department; operational expense; refund of taxes adjudicated 739 unconstitutionally collected.— 740 (6) Distribution of all proceeds under this chapter and s. 741 202.18(1)(b) and (2)(b) shall be as follows: 742 (d) The proceeds of all other taxes and fees imposed 743 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 744 and (2)(b) shall be distributed as follows: 745 1. In any fiscal year, the greater of $500 million, minus 746 an amount equal to 4.6 percent of the proceeds of the taxes 747 collected pursuant to chapter 201, or 5.2 percent of all other 748 taxes and fees imposed pursuant to this chapter or remitted 749 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 750 monthly installments into the General Revenue Fund. 751 2. After the distribution under subparagraph 1., 8.814 752 percent of the amount remitted by a sales tax dealer located 753 within a participating county pursuant to s. 218.61 shall be 754 transferred into the Local Government Half-cent Sales Tax 755 Clearing Trust Fund. Beginning July 1, 2003, the amount to be 756 transferred shall be reduced by 0.1 percent, and the department 757 shall distribute this amount to the Public Employees Relations 758 Commission Trust Fund less $5,000 each month, which shall be 759 added to the amount calculated in subparagraph 3. and 760 distributed accordingly. 761 3. After the distribution under subparagraphs 1. and 2., 762 0.095 percent shall be transferred to the Local Government Half 763 cent Sales Tax Clearing Trust Fund and distributed pursuant to 764 s. 218.65. 765 4. After the distributions under subparagraphs 1., 2., and 766 3., 2.0440 percent of the available proceeds shall be 767 transferred monthly to the Revenue Sharing Trust Fund for 768 Counties pursuant to s. 218.215. 769 5. After the distributions under subparagraphs 1., 2., and 770 3., 1.3409 percent of the available proceeds shall be 771 transferred monthly to the Revenue Sharing Trust Fund for 772 Municipalities pursuant to s. 218.215. If the total revenue to 773 be distributed pursuant to this subparagraph is at least as 774 great as the amount due from the Revenue Sharing Trust Fund for 775 Municipalities and the former Municipal Financial Assistance 776 Trust Fund in state fiscal year 1999-2000, no municipality shall 777 receive less than the amount due from the Revenue Sharing Trust 778 Fund for Municipalities and the former Municipal Financial 779 Assistance Trust Fund in state fiscal year 1999-2000. If the 780 total proceeds to be distributed are less than the amount 781 received in combination from the Revenue Sharing Trust Fund for 782 Municipalities and the former Municipal Financial Assistance 783 Trust Fund in state fiscal year 1999-2000, each municipality 784 shall receive an amount proportionate to the amount it was due 785 in state fiscal year 1999-2000. 786 6. Of the remaining proceeds: 787 a. In each fiscal year, the sum of $29,915,500 shall be 788 divided into as many equal parts as there are counties in the 789 state, and one part shall be distributed to each county. The 790 distribution among the several counties must begin each fiscal 791 year on or before January 5th and continue monthly for a total 792 of 4 months. If a local or special law required that any moneys 793 accruing to a county in fiscal year 1999-2000 under the then 794 existing provisions of s. 550.135 be paid directly to the 795 district school board, special district, or a municipal 796 government, such payment must continue until the local or 797 special law is amended or repealed. The state covenants with 798 holders of bonds or other instruments of indebtedness issued by 799 local governments, special districts, or district school boards 800 before July 1, 2000, that it is not the intent of this 801 subparagraph to adversely affect the rights of those holders or 802 relieve local governments, special districts, or district school 803 boards of the duty to meet their obligations as a result of 804 previous pledges or assignments or trusts entered into which 805 obligated funds received from the distribution to county 806 governments under then-existing s. 550.135. This distribution 807 specifically is in lieu of funds distributed under s. 550.135 808 before July 1, 2000. 809 b. The department shall distribute $166,667 monthly 810 pursuant to s. 288.1162 to each applicant certified as a 811 facility for a new or retained professional sports franchise 812 pursuant to s. 288.1162. Up to $41,667 shall be distributed 813 monthly by the department to each certified applicant as defined 814 in s. 288.11621 for a facility for a spring training franchise. 815 However, not more than $416,670 may be distributed monthly in 816 the aggregate to all certified applicants for facilities for 817 spring training franchises. Distributions begin 60 days after 818 such certification and continue for not more than 30 years, 819 except as otherwise provided in s. 288.11621. A certified 820 applicant identified in this sub-subparagraph may not receive 821 more in distributions than expended by the applicant for the 822 public purposes provided for in s. 288.1162(5) or s. 823 288.11621(3). 824 c. Beginning 30 days after notice by the Department of 825 Economic Opportunity to the Department of Revenue that an 826 applicant has been certified as the professional golf hall of 827 fame pursuant to s. 288.1168 and is open to the public, $166,667 828 shall be distributed monthly, for up to 300 months, to the 829 applicant. 830 d. Beginning 30 days after notice by the Department of 831 Economic Opportunity to the Department of Revenue that the 832 applicant has been certified as the International Game Fish 833 Association World Center facility pursuant to s. 288.1169, and 834 the facility is open to the public, $83,333 shall be distributed 835 monthly, for up to 168 months, to the applicant. This 836 distribution is subject to reduction pursuant to s. 288.1169. A 837 lump sum payment of $999,996 shall be made, after certification 838 and before July 1, 2000. 839 e. Beginning 30 days after notice by the Department of 840 Economic Opportunity to the Department of Revenue that the 841 Department of Economic Opportunity has approved a plan developed 842 by the Florida Institute of Technology for establishing a space 843 exploration research institute, the department must distribute 844 $416,666 monthly to the Florida Institute of Technology for the 845 purpose of operating a space exploration research institute. 846 This amount represents sales and use taxes generated by visitor 847 activity at the Kennedy Space Center and the Cape Canaveral Air 848 Force Station. The Florida Institute of Technology shall develop 849 a plan for the space exploration research institute in 850 conjunction with Space Florida. 851 7. All other proceeds must remain in the General Revenue 852 Fund. 853 Section 22. If the governing body of a local governmental 854 entity existing as an independent special district that provides 855 water, wastewater, and sanitation services in a county having a 856 population of fewer than 600,000 determines that a new user or 857 the expansion of an existing user of one or more of its utility 858 systems will provide a significant benefit to the community in 859 terms of increased job opportunities, economies of scale, or 860 economic development in the area, the governing body may 861 authorize a reduction of its rates, fees, or charges for that 862 user for a specified period of time. A governing body that 863 exercises this power must do so by resolution that states the 864 anticipated economic benefit justifying the reduction as well as 865 the period of time that the reduction remains in place. The 866 local governmental entity may also purchase fuel, including, but 867 not limited to, diesel fuel and gasoline, under the same terms, 868 conditions, and exemptions enjoyed by municipalities and 869 counties. 870 Section 23. Except as otherwise expressly provided in this 871 act, this act shall take effect July 1, 2012.