reglab/statecodes huggingface dataset:
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-48 - COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC › Part IV - HOUSING CREDIT PROGRAM › Section 67-48.023 - Housing Credits General Program Procedures and Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless otherwise permitted in a
				  competitive solicitation process, an Applicant is not eligible to apply for
				  Competitive Housing Credits if any of the following pertain to the proposed
				  Development:
(a) The proposed Development has
				  received an allocation of Housing Credits or a Competitive Housing Credit
				  commitment or has accepted an invitation to enter credit underwriting, unless
				  written notice has been provided to the Corporation prior to the deadline to
				  apply for the applicable new funding withdrawing acceptance of such allocation
				  or commitment and returning the previously awarded HC funding;
(b) A preliminary commitment of funding for
				  the proposed Development through the SAIL Program or the HOME Program has
				  already been accepted, unless written notice has been provided to the
				  Corporation prior to the deadline to apply for the applicable new funding
				  withdrawing such acceptance and returning the prior SAIL Program or HOME
				  Program funding; or
(c) The
				  proposed Development site or any part thereof is subject to any Land Use
				  Restriction Agreement or Extended Use Agreement, or both, in conjunction with
				  any Corporation affordable housing financing intended to foster the development
				  or maintenance of affordable housing, unless at least one (1) of the following
				  exceptions applies:
1. A LURA recorded in
				  conjunction with the Predevelopment Loan Program or the Elderly Housing
				  Community Loan Program, or
2. A
				  LURA or EUA, or both, for an existing building or buildings, originally
				  constructed at least 25 years prior to the deadline to apply for the applicable
				  Competitive Housing Credits, where, in the current Application, the Applicant
				  has selected and qualified for the Homeless demographic commitment with a
				  Development category of Rehabilitation, Acquisition and Rehabilitation,
				  Preservation, or Acquisition and Preservation.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-48 - COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC › Part IV - HOUSING CREDIT PROGRAM › Section 67-48.025 - Qualified Allocation Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						420.507(12) FS.
						Law Implemented 420.5099
						FS.
New 7-22-96, Amended 12-23-96, 1-6-98, Formerly
						9I-48.025, Amended 11-9-98, 2-24-00, 2-22-01, 3-17-02, 4-6-03, 3-21-04, 2-7-05,
						Repealed 1-29-06.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-48 - COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC › Part IV - HOUSING CREDIT PROGRAM › Section 67-48.026 - Housing Credit Underwriting Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						420.507(12) FS.
						Law Implemented 420.5099
						FS.
New 7-22-96, Amended 12-23-96, 7-10-97, 1-6-98, Formerly
						9I-48.026, Amended 11-9-98, 2-24-00, 2-22-01, 3-17-02, 4-6-03, 3-21-04,
						Repealed 2-7-05.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-48 - COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC › Part IV - HOUSING CREDIT PROGRAM › Section 67-48.027 - Tax-Exempt Bond-Financed Developments

Current through Reg. 50, No. 138; July 16, 2024
Non-Competitive Housing Credits to be used with Tax-Exempt
					 Bond-Financed Developments are available as outlined in rule Chapter 67-21,
					 F.A.C.
Rulemaking Authority
						420.507,
						420.508 FS. Law Implemented
						420.5099
						FS.
New 7-22-96, Amended 12-23-96, 1-6-98, Formerly
						9I-48.027, Amended 11-9-98, 2-24-00, 2-22-01, 3-17-02, Repromulgated 4-6-03,
						3-21-04, Amended 2-7-05, Repromulgated 1-29-06, Amended 4-1-07, 3-30-08,
						8-6-09, 11-22-11, 10-9-13, Repromulgated 10-8-14, 9-15-16, 5-24-17, 7-8-18,
						7-11-19, Repromulgated 6-23-20, 5-18-21, 7-6-22,
						6-28-23.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-48 - COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC › Part IV - HOUSING CREDIT PROGRAM › Section 67-48.029 - Extended Use Agreement

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				  Section 42(h)(6) of the
				  IRC, the Applicant and the Corporation shall enter into an Extended Use
				  Agreement. The purpose of the Extended Use Agreement is to set forth the
				  Housing Credit Extended Use Period, the Compliance Period, and to evidence
				  commitments made by the Applicant in the Application or subsequently agreed to
				  by the Corporation.
(2) The
				  following provisions shall be included in the Extended Use Agreement:
(a) The Applicable Fraction for Housing
				  Credit Set-Aside units for each taxable year in the Housing Credit Extended Use
				  Period shall not be less than the Applicable Fraction;
(b) Eligible Persons occupying set-aside
				  units shall have the right to enforce in any state of Florida court the
				  extended use requirement for set-aside units;
(c) The Extended Use Agreement shall be
				  binding on all successors and assigns of the Applicant; and
(d) The Extended Use Agreement shall be
				  executed prior to the issuance of a Final Housing Credit Allocation to an
				  Applicant. Following execution, the Extended Use Agreement shall be recorded
				  pursuant to Florida law as a restrictive
				  covenant.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-48 - COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC › Part IV - HOUSING CREDIT PROGRAM › Section 67-48.030 - Sale or Transfer of a Housing Credit Development

Current through Reg. 50, No. 138; July 16, 2024
An owner of a Housing Credit Development, its successor or
					 assigns which has been granted a Final Housing Credit Allocation shall not sell
					 the Housing Credit Development without having first notified the Treasury of
					 the impending sale and complying with the Treasury's procedure or procedures
					 for completing the transfer of ownership and utilizing the Housing Credit
					 Allocation. The owner of a Housing Credit Development shall notify the
					 Corporation in writing of an impending sale and of compliance with any
					 requirements by the Treasury for the transfer of the Housing Credit
					 Development. The proposed transferee agrees to maintain all set-asides and
					 other requirements of the Extended Use Agreement for the period originally
					 specified; pay any and all unpaid compliance monitoring fees through the end of
					 the Extended Use Agreement; and execute any assignment and assumption documents
					 the Corporation deems necessary to effectuate the ownership change. For those
					 Developments that have not waived the right to submit a Qualified Contract, any
					 transfer of that Development will require the transferee to agree to a waiver
					 of the right to submit a Qualified Contract before approval of the transfer
					 will be provided by the Corporation. All requests which only require
					 subordination of the regulatory agreements must be submitted in writing to the
					 Special Assets Director and contain the specific details of the subordination.
					 In addition to any related professional fees, the Corporation shall charge a
					 non-refundable subordination fee of $1, 000 for each regulatory agreement to be
					 subordinated. The applicable fee will be determined by the rule in effect at
					 the time of the subordination request.
Rulemaking Authority
						420.507,
						420.508 FS. Law Implemented
						420.5099
						FS.
New 7-22-96, Repromulgated 12-23-96, Amended 1-6-98,
						Formerly 9I-48.030, Amended 11-9-98, Repromulgated 2-24-00, Amended 2-22-01,
						Repromulgated 3-17-02, 4-6-03, 3-21-04, 2-7-05, 1-29-06, 4-1-07, 3-30-08,
						8-6-09, 11-22-11, 10-9-13, 10-8-14, 9-15-16, 5-24-17, Amended 7-8-18, 7-11-19,
						Repromulgated 6-23-20, 5-18-21, Amended 7-6-22, Repromulgated
						6-28-23.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-48 - COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC › Part IV - HOUSING CREDIT PROGRAM › Section 67-48.032 - Minimum Set-Aside for Non-Profit Organizations Under Housing Credits Program (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						420.507(12) FS.
						Law Implemented 420.5099
						FS.
New 7-22-96, Amended 12-23-96, 1-6-98, Formerly
						9I-48.032, Amended 11-9-98, 2-24-00, Repealed
						2-22-01.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-48 - COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC › Part V - ELDERLY HOUSING COMMUNITY LOAN PROGRAM › Section 67-48.040 - EHCL General Program Procedures and Restrictions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						420.507,
						420.508 FS. Law Implemented
						420.5087(3)
						FS.
New 10-8-14, Repromulgated 9-15-16, 5-24-17, 7-8-18,
						7-11-19, 6-23-20, 5-18-21, Repealed
						7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-48 - COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS SAIL/HOME/HC › Part V - ELDERLY HOUSING COMMUNITY LOAN PROGRAM › Section 67-48.041 - Terms and Conditions of EHCL Loans (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						420.507,
						420.508 FS. Law Implemented
						420.5087(3)
						FS.
New 10-8-14, Repromulgated 9-15-16, 5-24-17, 7-8-18,
						Amended 7-11-19, Repromulgated 6-23-20, Amended 5-18-21, Repealed
						7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.0005 - General Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1) Section
				420.507(27),
				F.S., authorizes the Corporation to establish procedures and practices to
				implement the purchase and procurement of materials and services for use by the
				Corporation. Except as provided below, the provisions of Part I of Chapter 287,
				F.S., apply to such purchases unless a different or additional procedure or
				practice is set forth in this chapter.
(a)
				Subsection 287.056(2),
				F.S.
(b) Subsections
				287.057(3), (4), (15), (16), (17), (18), (24) and
				(26), F.S.
(c) Section
				287.0571, F.S.
(d) Section
				287.059, F.S.
(e) Section
				287.0591, F.S.
(f) Section
				287.063, F.S.
(g) Section
				287.064, F.S.
(h) Section
				287.136,
				F.S.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.002 - Procurement of Commodities or Contractual Services

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				When the purchase price of a commodity or contractual service does not exceed
				$35, 000 in any 12-month period, including all delivery costs and
				administrative costs, then the Corporation may proceed with the procurement of
				commodities or contractual services without a competitive solicitation. In
				these instances, the Corporation must obtain at least two written quotations or
				make a written record of at least two quotes obtained verbally, including the
				name and address of the company and amount quoted, for Contractual Services or
				Commodities that exceed $15, 000 and are not available through a vendor under a
				Cooperative Contract. If the Corporation does not obtain at least two
				quotations, the Corporation shall document why they were not
				obtained.
(b) When the purchase
				price of Commodities or Contractual Services exceeds or is estimated to exceed
				$35, 000, in any 12 month period, purchases of these Commodities or Contractual
				Services, except as otherwise provided in subsections
				67-49.002(3) and
				(4), F.A.C., must be made pursuant to a
				competitive solicitation.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.003 - Withdrawal of a Competitive Solicitation

Current through Reg. 50, No. 138; July 16, 2024
(1) The Corporation may withdraw any
				competitive solicitation at any time prior to the due date of the Responses
				when the withdrawal is determined by the Executive Director to be in the best
				interest of the Corporation or the public. Notice of such determination shall
				be posted on the Corporation's Website.
(2) Any Bidder may request to withdraw its
				Response, in writing, at any time prior to a vote by the Corporation's Board of
				Directors regarding any Responses received.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 1-31-99, Amended 3-12-02, 9-14-03, 2-24-14,
					 2-28-18.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.0031 - Emergency Purchases

Current through Reg. 50, No. 138; July 16, 2024
The Corporation's Executive Director may waive any
				  requirement of this rule and permit emergency purchases of commodities and
				  contractual services where a valid emergency exists and is documented in
				  writing. Any circumstance caused by an unexpected turn of events beyond the
				  control of the Corporation involving the security, integrity or the financial
				  status of the Corporation, or involving public health, welfare, safety, injury
				  or loss, shall be construed as a valid emergency.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 3-12-02, Repromulgated 9-14-03, Amended 2-24-14,
					 2-28-18.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.0032 - Single Source Purchases

Current through Reg. 50, No. 138; July 16, 2024
(1) For
				purchases estimated not to exceed $35, 000 in a 12-month period, the Executive
				Director shall exempt Commodities and Contractual Services from the
				requirements set forth in paragraph
				67-49.002(1)(a),
				F.A.C., upon a determination that such Commodities or Services are most readily
				available from a single source or that the best interest of the Corporation or
				the public are served by obtaining such Commodities or Services from a single
				source.
(2) Upon a determination by
				the Executive Director that Commodities or Contractual Services that are
				otherwise required to be purchased through a competitive solicitation are most
				readily available from a single source, or that the best interests of the
				Corporation or the public are served by obtaining such Commodities or Services
				from a single source, the Corporation shall electronically post a description
				of such Commodities or Services for at least 7 business days, including a
				request that prospective vendors provide information regarding their ability to
				supply the described commodities or contractual services sought. If the
				Executive Director, after reviewing any information received from prospective
				vendors, determines that the Commodities or Contractual Services are
				practically available only from a single source, or that the best interests of
				the Corporation or the public will be served by obtaining such Commodities or
				Services from a single source, the Board may exempt such Commodities or
				Contractual Services from competitive solicitation requirements. The
				Corporation shall provide notice of the Board's decision to enter a
				single-source purchase contract.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 2-28-18.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.004 - Modification of Terms of a Competitive Solicitation

Current through Reg. 50, No. 138; July 16, 2024
(1) The Corporation may modify the terms of a
				competitive solicitation at any point prior to the due date of the Responses. A
				notice of modification will be posted on the Corporation's Website. Any Bidder
				shall have at least 7 days from the date of the posting of the notice of the
				modification to submit or modify its Response.
(2) Any Bidder may modify its Response at any
				time prior to the Response deadline.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 1-31-99, Amended 3-12-02, 9-14-03, 2-24-14,
					 2-28-18.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.005 - Responsibility of Bidders

Current through Reg. 50, No. 138; July 16, 2024
The failure of a Bidder to supply required information in
				  connection with a competitive solicitation shall constitute nonresponsiveness
				  with respect to its Response. If a determination of nonresponsiveness is made
				  by the Corporation, the Response will not be considered.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 1-31-99, Amended 3-12-02, Repromulgated 9-14-03,
					 Amended 3-11-14, 2-28-18.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.007 - Evaluation of Responses

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Notwithstanding the provisions set forth in Section
				287.057, F.S., relating to the
				composition of review committees, the Corporation shall establish a review
				committee to evaluate Responses to appropriate competitive solicitation types,
				and shall provide their conclusions, recommendations, or both to the Board of
				Directors of the Corporation.
(2)
				Notwithstanding the provisions set forth in Section
				287.057, F.S., relating to the
				persons conducting negotiations, the Corporation shall appoint persons to
				conduct negotiations for appropriate competitive solicitation types.
				Negotiators and review committee members shall not be required to be Florida
				Certified Contract Negotiators or Project Management
				Professionals.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 1-31-99, Amended 3-12-02, Repromulgated 9-14-03,
					 Amended 2-24-14, 2-28-18.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.008 - Identical (Tie) Responses

Current through Reg. 50, No. 138; July 16, 2024
In the event of a tie, the Corporation shall give preference
				  in the award process to the Response certifying a drug-free workplace has been
				  implemented in accordance with Section
				  287.087, F.S. If a tie continues
				  to exist, Florida Housing shall give preference to minority business
				  enterprises as defined in Section
				  288.703, F.S.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 1-31-99, Amended 3-12-02, Repromulgated
					 9-14-03.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.009 - Right to Waive Minor Irregularities

Current through Reg. 50, No. 138; July 16, 2024
The Corporation may waive Minor Irregularities in a Response
				  when it is in the Corporation's or the public's best interest to do
				  so.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 1-31-99, Amended 3-12-02, Repromulgated
					 9-14-03.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.011 - Nonresponsive Bids

Current through Reg. 50, No. 138; July 16, 2024
If not more than one responsive Bid, Proposal, or Response to
				  any competitive solicitation is received, the Corporation shall negotiate for
				  the Commodities or Services sought, on the best terms and conditions. The
				  Corporation shall document the reasons that such action is in the best interest
				  of the Corporation in lieu of resoliciting.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 9-14-03, Amended 2-24-14,
					 2-28-18.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.012 - Contract Administrator and Managers

Current through Reg. 50, No. 138; July 16, 2024
(1) The Corporation will designate at least
				one employee as a contract administrator who will be responsible for preparing
				solicitations for publication, for publishing notice of solicitations, review
				committee meetings, and board awards, preparing drafts of contracts,
				maintaining contract files, and serving as liaison with the contractor for
				solicitations and contracts under this rule.
(2) For each contract, the Corporation will
				designate at least one employee as a contract manager who will be responsible
				for enforcing performance of the contract terms and conditions and serve as a
				liaison with the contractor.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(13),
					 (27)
					 FS.
New 9-14-03, Amended 2-24-14,
					 2-28-18.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-49 - PROCUREMENT OF COMMODITIES OR CONTRACTUAL SERVICES › Section 67-49.013 - Contracts; Terms, Amendments, Renewals

Current through Reg. 50, No. 138; July 16, 2024
(1) Each contract shall embody all provisions
				and conditions of the procurement including at a minimum:
(a) Requirements that bills or fees for
				services or expenses be submitted in detail sufficient for audit;
(b) Requirements that travel expense bills or
				reimbursements not exceed the maximums provided in Sections
				112.061(6) and
				(7), F.S.;
(c) A clear statement of the scope of
				services and deliverables required by the contractor;
(d) Criteria for, and schedules of, payments
				owed by the Corporation; and,
(e)
				Provision for termination, including termination by the Corporation for failure
				to comply with Section
				119.0701,
				F.S.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.001 - Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to establish the
				  Homeownership Loan Program procedures by which the Corporation shall:
(1) Administer the Application process,
				determine loan amounts, and service loans to Developers for the construction of
				affordable housing and provide purchase assistance to Eligible Homebuyers under
				the Florida Homeownership Assistance Program (HAP)/Construction Loan Program as
				authorized by Sections
				420.507 and
				420.5088, Florida Statutes
				(F.S.); and,
(2) Administer the
				Application process, determine loan amounts, and service loans to Developers
				for the construction of affordable housing and provide purchase assistance to
				Eligible Homebuyers under the HOME Investment Partnerships (HOME) Homeownership
				Program as authorized by Section
				420.5089, F.S., and HUD
				regulations, 24 CFR §92, which is adopted and incorporated into this rule
				chapter by reference and which is available on the HUD website at
http://www.hud.gov/offices/cpd/affordablehousing/programs/home/index.cfm
.
Rulemaking Authority
					 420.507(12),
					 (14) FS. Law Implemented
					 420.507(23),
					 420.5088,
					 420.5089(2)
					 FS.
New 9-5-02, Amended 12-28-04,
					 8-9-05.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.005 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Act" means the Florida Housing Finance
				Corporation Act, Chapter 420, Part V, F.S.
(2) "Address" means the address assigned by
				the U.S. Postal Service and must include address number, street name, city,
				state and zip code. If the address has not yet been assigned, include, at a
				minimum, street name and closest designated intersection and the city, state
				and zip code.
(3) "Adjusted Income"
				means the gross income from wages or assets, cash or non-cash contributions,
				and any other resources and benefits determined to be income by the U.S.
				Department of Housing and Urban Development (HUD), adjusted for household size,
				as defined in 24 CFR §
										5.609, formerly known as Section 8, which is
				adopted and incorporated herein by reference and which is available at
http://www.hud.gov/offices/cpd/affordablehousing/programs/home/index.cfm
.
				For HAP, the 4-person income limit will be utilized for households of 1 to 4
				persons with adjustments made for additional household members.
(4) "Affiliate" means any person or entity
				that:
(a) Directly or indirectly, through one
				or more intermediaries, controls, is controlled by, or is under common control
				with the Applicant;
(b) Serves as
				an officer or director, agent, employee, or any business entity or person
				associated with the Applicant in the furtherance of a business venture for
				which the Applicant is applying for one of the Corporation's programs,
				or
(c) If the spouse, parent,
				child, sibling, or relative by marriage of a person described in paragraph (a)
				or (b), above.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.010 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The Corporation shall collect an
				Application fee from all Applicants when applying for HLP funding during any
				Application Period.
(2) Upon
				acceptance of the invitation to enter credit underwriting, the Applicant will
				be required to pay a commitment fee.
(3) With respect to HAP, the Applicant is
				responsible for the following fees, which are part of the Total Development
				Cost and must be included in the development cost pro forma:
(a) Credit Underwriting fee;
(b) Loan Servicing fees; and,
(c) Construction inspection
				fees.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.020 - Notice of Funding Availability (NOFA)

Current through Reg. 50, No. 138; July 16, 2024
The Corporation shall post the NOFA, which advises the
				  availability of HLP funding, on the Corporation's website and publish in the
				  Florida Administrative Register (FAR).
Rulemaking Authority
					 420.507(12),
					 (23) FS. Law Implemented
					 420.5088,
					 420.5089
					 FS.
New 9-5-02, Amended
					 12-28-04.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.030 - General Program Eligible Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible Applicants are:
(a) With respect to the HAP Program, is a
				Non-Profit Developer, or a Non-Profit Sponsor, local government, or public
				housing authority proposing to build affordable homeownership housing;
				and,
(b) With respect to the HOME
				Program, is a Community Housing Development Organization (CHDO), a public
				housing authority, a local government, a Non-Profit organization, or a private
				for-profit organization (including a corporation, limited partnership, limited
				liability company, partnership and a sole proprietorship) proposing to build
				affordable homeownership housing.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.040 - General Program Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Eligible Developments must:
(a) Be designed
				and intended for the primary purpose of providing decent, safe, and sanitary
				residential housing for persons or households;
(b) Consist of at least four (4) Units, with
				a maximum of fifty (50) Units, with the exception of Scattered Site
				Developments which are limited to twenty-five (25) Units;
(c) Meet the minimum set-aside requirements
				and sales price limits of either the HAP or HOME Program, as applicable; and,
(d) Be identified by legal
				description or street address.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.045 - Scattered Site Developments

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Scattered Site Development must meet the definition in subsection
				67-50.005(83),
				F.A.C., under this rule chapter and cannot exceed twenty-five (25) Units.
				Information in this section is meant to clarify the credit underwriting and
				environmental review process. All other requirements of HLP still
				apply.
(2) Applicants will not be
				required to demonstrate site control during the application cycle or credit
				underwriting unless construction financing is requested. However, each
				Applicant will be required to submit supporting information for the general
				areas in which funding will be used during the credit underwriting process for
				the proposed number of homes. This option is available to Applicants applying
				for purchase assistance funds only.
(3) Florida Housing's Credit Underwriter will
				perform an underwriting analysis of the Developer to determine experience,
				financial capacity and the economic feasibility of the proposed Development and
				make a recommendation to the Board.
(4) Upon completion of credit underwriting
				and approval from the Board, the Developer must identify suitable lots in
				groups of a minimum of four (4), demonstrate site control for those lots, and
				provide the appropriate information to all service providers for further
				analyses relating to environmental impacts, suitability and affordability
				within six (6) months of Board approval date.
(5) All Scattered Site Developments will be
				required to undergo an environmental analysis in accordance with ASTM E1528-00
				standards, which is adopted and incorporated into this rule chapter by
				reference and which is available by contacting the Corporation at 227 North
				Bronough Street, Suite 5000, Tallahassee, Florida 32301-1329. The analysis must
				be completed prior to the submission of the group of four (4) or more lots to
				the Corporation.
(6) For HOME
				developments only, as an additional HUD requirement, Florida Housing's
				environmental specialist, or designee, will perform the environmental analysis
				pursuant to 24 CFR §92.352, which is adopted and incorporated into this
				rule chapter by reference and which is available at
				http://www.gpoaccess.gov/cfr/index.html.
Rulemaking Authority
					 420.507(12),
					 (23) FS. Law Implemented
					 420.507(23),
					 420.5088
					 FS.
New 8-9-05.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.050 - HAP Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1) HAP funding
				shall be made available for either the construction of or purchase assistance
				to the homebuyer on affordable housing Developments, as defined in subsection
				67-50.005(30),
				F.A.C. Funding shall also be made available for land acquisition,
				predevelopment expenses and infrastructure; however, in no event shall the
				funds be used solely for these purposes.
(2) A Non-Profit organization must have
				control of the Development and materially participate in the development and
				sale of the property through the construction period.
(3) Non-Profit Sponsor Applicants must:
(a) Have been in existence for at least one
				(1) year prior to applying for HAP funds; and,
(b) Own the property or have a valid contract
				for purchase of the property and utilize the services of either a Non-Profit or
				for-profit Developer who has a proven record of providing similar
				housing.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.060 - HOME Restrictions

Current through Reg. 50, No. 138; July 16, 2024
(1) HOME
				funding shall be made available for construction of affordable housing and
				homebuyer purchase assistance for Eligible Developments, pursuant to 24 CFR
				§92.
(2) The maximum per-unit
				subsidy of HOME funding is limited to the lesser of twenty five percent (25%)
				of the purchase price of the house or $70, 000, with the exception of Eligible
				Homebuyers with disabilities and Eligible Homebuyers at fifty percent (50%) AMI
				or below. For these exceptions assistance shall not exceed thirty five percent
				(35%) of the purchase price.
(3)
				The annual interest rate for the construction loan will be determined as
				follows:
(a) All for-profit Applicants that
				have one hundred percent (100%) ownership interest in the Development held by
				the general partner entity will receive a three percent (3%) per annum interest
				rate loan.
(b) All qualified
				Non-Profit Applicants that have one hundred percent (100%) ownership interest
				in the Development held by the general partner entity will receive a zero
				percent (0%) interest rate loan.
(c) All Applicants consisting of a Non-Profit
				and for-profit partnership will receive a zero percent (0%) interest rate on
				the portion of the loan equal to the qualified Non-Profit's ownership interest
				in the Development. A three percent (3%) interest rate shall be charged on the
				portion of the loan equal to the for-profit's ownership interest in the
				Development. Should the Applicant sell, transfer, or convey any portion of the
				ownership in the Development, the loan interest rate ratio will be adjusted to
				conform with the new percentage of for-profit to Non-Profit
				ownership.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.070 - Application and Selection Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				All Applicants must submit a completed HLP Application Package: HOMEOWN-0530
				(Rev. 8/1/05), which is adopted and incorporated herein by reference, and which
				can be obtained from the Corporation, at 227 North Bronough Street, Suite 5000,
				Tallahassee, Florida 32301-1329 and is available on the Corporation's website.
				All Applications must:
(a) Be submitted
				complete, legible and consistent throughout;
(b) Be received by the Application Deadline,
				as specified in the NOFA; and,
(c)
				Include an original Application, with an original signature on the Applicant
				Certification and Acknowledgement Form (Exhibit 1), and three identical copies.
				Lack of an Original Application shall be grounds for automatic rejection.
Corporation staff may not assist any Applicant by copying,
				  collating or adding documents to an Application, nor shall any Applicant be
				  permitted to use the Corporation facilities or equipment for purposes of
				  compiling or completing an Application.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.090 - Disbursement of Funds, Draw Requests, and Loan Servicing

Current through Reg. 50, No. 138; July 16, 2024
(1) Disbursement of Funds. Construction Loan
				proceeds shall be disbursed in an amount that does not exceed the ratio of the
				loan to the Total Development Cost and is pro-rata with all other construction
				financing, unless otherwise approved by the Corporation and the Credit
				Underwriter.
(2) Draw Requests. Ten
				(10) days prior to each Draw, the Applicant shall provide the Servicer with a
				signed, written Draw request, which includes the requested amount,
				documentation of liability and builder's risk insurance acceptable to the
				Corporation, and claims for labor and materials to date of the last
				inspection.
(3) Loan Servicing. The
				Servicer shall review the Draw request and provide the Corporation with
				approval of the request or an alternative amount.
(4) Five percent (5%) of the Construction
				Loan funds will be held as retainage. Release of funds held as retainage for
				each house shall occur only after the Applicant provides:
(a) A satisfactory final inspection
				certificate or certificate of occupancy;
(b) A final, as-built survey;
(c) Evidence of liability and replacement
				cost hazard insurance acceptable to the Corporation; and,
(d) A title insurance policy insuring the
				Corporation's interest and containing no exceptions that are unacceptable to
				the Corporation.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-50 - FLORIDA HOUSING FINANCE CORPORATION HOMEOWNERSHIP LOAN PROGRAM › Section 67-50.105 - Reallocation for Disaster Areas

Current through Reg. 50, No. 138; July 16, 2024
(1) In the
				event of a State or federally declared disaster, any allocation authority not
				preliminarily allocated, as well as any authority remaining after preliminary
				allocation, shall be diverted to one or more State or federally declared
				disaster areas as approved by the Board. HOME funds shall be utilized in any
				form acceptable to HUD and approved by the Board. Further, in the case of HOME
				funds being allocated for a State or federally declared disaster, the
				Corporation will publish a Notice of Funds Availability which will include
				information on the amount and targeting of funds, the instructions and time
				frame for making application, and fees.
(2) For the purposes of this rule, those
				eligible to apply must submit a completed Application Package: HOME Again -
				FHFC Disaster Relief HOME Assistance Program - DRHAP-813 (Eff. 12/9/04), which
				is adopted and incorporated herein by reference, and which can be obtained from
				the Corporation, at 227 North Bronough Street, Suite 5000, Tallahassee, Florida
				32301-1329 and is available on the Corporation's website.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.5089(2)
					 FS.
New 12-28-04.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-51 - HOMEOWNERSHIP ASSISTANCE FOR MODERATE INCOME LOAN PROGRAM › Section 67-51.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 420.507(12),
					 (24) FS. Law Implemented
					 420.509,
					 420.509(11)(c)
					 FS.
New 12-7-03, Amended 2-2-05, 7-10-06, Repealed
					 8-16-21.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-51 - HOMEOWNERSHIP ASSISTANCE FOR MODERATE INCOME LOAN PROGRAM › Section 67-51.003 - General Program Restrictions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 420.507(12),
					 420.507(24) FS.
					 Law Implemented 420.509,
					 420.509(11)(c)
					 FS.
New 12-7-03, Repromulgated 7-10-06, Repealed
					 8-16-21.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-51 - HOMEOWNERSHIP ASSISTANCE FOR MODERATE INCOME LOAN PROGRAM › Section 67-51.004 - Application Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 420.507(12),
					 (24) FS. Law Implemented
					 420.509,
					 420.509(11)(c)
					 FS.
New 12-7-03, Amended 7-10-06, Repealed
					 8-16-21.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-51 - HOMEOWNERSHIP ASSISTANCE FOR MODERATE INCOME LOAN PROGRAM › Section 67-51.005 - Terms and Conditions of Loans (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 420.507(12),
					 420.507(24) FS.
					 Law Implemented 420.509,
					 420.509(11)(c)
					 FS.
New 12-7-03, Amended 7-10-06, Repealed
					 8-16-21.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-51 - HOMEOWNERSHIP ASSISTANCE FOR MODERATE INCOME LOAN PROGRAM › Section 67-51.006 - Loan Processing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 420.507(12),
					 420.507(24) FS.
					 Law Implemented 420.509,
					 420.509(11)(c)
					 FS.
New 12-7-03, Repromulgated 7-10-06, Repealed
					 8-16-21.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-51 - HOMEOWNERSHIP ASSISTANCE FOR MODERATE INCOME LOAN PROGRAM › Section 67-51.007 - Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 420.507(12),
					 420.507(24),
					 420.507(4) FS.
					 Law Implemented 420.509,
					 420.509(11)(c)
					 FS.
New 12-7-03, Repromulgated 7-10-06, Repealed
					 8-16-21.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-52 - CORPORATION CLERK › Section 67-52.002 - Corporation Clerk

Current through Reg. 50, No. 138; July 16, 2024
(1) The address for the
				Corporation Clerk is Clerk, Florida Housing Finance Corporation, 227 North
				Bronough Street, Suite 5000, Tallahassee, Florida 32301. The email address for
				the Corporation Clerk is corporation.clerk@floridahousing.org.
(2) The Corporation Clerk shall receive all
				administrative petitions, motions, requests, pleadings and other papers and
				docket them, maintain the files of such proceedings, and prepare the record of
				any case that is appealed to a Florida District Court of Appeals. The cost for
				preparing, numbering, and indexing the record on appeal is $3.50 per
				instrument.
(3) Petitions, motions,
				requests or other pleadings may be delivered in the original or may be sent by
				facsimile or electronic mail. If filed by facsimile or electronic mail it is
				not necessary to also deliver an original document. All filings must be in
				compliance with rule 28-106.104, F.A.C., specifically
				including subsection 28-106.104(3),
				F.A.C., which states that "any document received by the office of the agency
				clerk before 5:00 p.m. shall be filed as of that day but any document received
				after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business
				day."
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 120.53(1),
					 420.507
					 FS.
New 11-17-03, Amended
					 2-21-19.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-52 - CORPORATION CLERK › Section 67-52.003 - Final Orders

Current through Reg. 50, No. 138; July 16, 2024
The Corporation Clerk will maintain all Corporation final
				  orders and subject matter index and such orders pursuant to the requirements of
				  section 120.53, F.S.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 120.53(1),
					 420.507
					 FS.
New 11-17-03, Amended
					 2-21-19.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-52 - CORPORATION CLERK › Section 67-52.004 - Custodian

Current through Reg. 50, No. 138; July 16, 2024
The Corporation Clerk will be the custodian of all the
				  Corporation's official records.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 120.53(1),
					 420.507
					 FS.
New 11-17-03, Amended
					 2-21-19.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-53 - COMPLIANCE PROCEDURES › Section 67-53.003 - Compliance Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 420.507(12),
					 420.508(3)(a)
					 FS. Law Implemented 420.507(4), (13),
					 (14),
					 420.508,
					 420.509
					 FS.
New 1-7-98, Formerly 9I-21.016, Amended 1-26-99, 11-14-99,
					 2-11-01, 3-17-02, 4-6-03, Repromulgated 3-21-04, Formerly 67-21.016, Repealed
					 8-20-09.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-53 - COMPLIANCE PROCEDURES › Section 67-53.0035 - Florida Housing Finance Corporation

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this rule chapter, the "Corporation"
				  means the Florida Housing Finance Corporation as defined in Section
				  420.503(10),
				  F.S.
Rulemaking Authority
					 420.507(12),
					 420.508(3)(a)
					 FS. Law implemented 420.507(4), (13),
					 (14),
					 420.508,
					 420.509
					 FS.
New 8-20-09.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-53 - COMPLIANCE PROCEDURES › Section 67-53.004 - Right to Inspect and Monitor Elderly Housing Community Loan (EHCL) Funded Developments

Current through Reg. 50, No. 138; July 16, 2024
The Corporation or its agents shall have the right to inspect
				  and monitor the records and facilities of all Elderly Housing Community Loan
				  (EHCL), as established in Rule Chapter 67-32, F.A.C., funded developments.
				  Inspections shall occur while the repairs or improvements are being made and
				  may occur after completion of the repairs or improvements.
Rulemaking Authority
					 420.5087(3)(d)
					 FS. Law Implemented 420.5087(3)(d)
					 FS.
New 10-2-89, Formerly 9I-32.010, Amended 11-9-98, 1-2-00,
					 Repromulgated 12-31-00, Amended 3-17-02, Repromulgated 5-5-03, Formerly
					 67-32.010, Amended 8-20-09.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-53 - COMPLIANCE PROCEDURES › Section 67-53.005 - Compliance Monitoring for Housing Developed With SHIP Local Housing Distribution Funds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 420.9072(9) FS.
					 Law Implemented 420.907,
					 420.9075(3)(e)
					 FS.
New 2-9-94, Amended 12-28-94, 1-6-98, Formerly 9I-37.015,
					 Amended 12-26-99, 9-22-03, Formerly 67-37.015, Repealed
					 4-24-08.