reglab/statecodes huggingface dataset:
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-58 - COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) › Section 67-58.080 - Terms of the Loans to Applicants

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				proceeds of all loans shall be used for New Construction or Rehabilitation of
				affordable, decent, safe and sanitary housing units.
(2) The CWHIP loan shall be in a first,
				second or other subordinated lien position.
(3) The loans to Applicants shall have
				interest rates as follows:
(a) One percent
				simple interest per annum, non-amortizing, will accrue during construction on
				loans to Projects where long term affordability of at least 30 years is
				provided and when at least 80 percent of the units are set aside for Workforce
				Housing and at least 50 percent of the units are set aside for Essential
				Services Personnel. The accrued interest will be forgiven upon sale of the unit
				to an Eligible Person.
(b) For
				CWHIP loans not eligible for forgiveness, the interest rate shall be 3 percent.
				Applicant shall pay all interest accrued during construction of the
				Project.
(c) The amount of any
				superior mortgages combined with the CWHIP mortgage shall be less than the
				appraised value of the Project. Any debt service reserve requirement associated
				with a superior mortgage shall be excluded from the amount of the superior
				mortgage for purposes of this calculation.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-58 - COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) › Section 67-58.090 - Disbursement of Funds, Draw Requests, and Construction Loan Servicing

Current through Reg. 50, No. 138; July 16, 2024
(1) CWHIP loan proceeds, including any
				supplemental loan pursuant to Rule
				67-58.015, F.A.C., shall be
				disbursed during the construction phase in an amount per Draw which does not
				exceed the ratio of the CWHIP loan to the Total Project Cost unless approved by
				the Credit Underwriter.
(2) Ten
				business days prior to each Draw, the Borrower shall supply the Corporation's
				servicer, as agent for the Corporation, with a written request executed by the
				Borrower for a Draw. The request shall set forth the amount to be paid and
				shall be accompanied by documentation specified by the Corporation's servicer
				including claims for labor and materials to date of the last
				inspection.
(3) The Corporation and
				its servicer shall review the request for a Draw, and the servicer shall
				provide the Corporation with approval of the request or an alternative
				recommendation, after the title insurer provides an endorsement to the policy
				of title insurance updating the policy to the date of the current Draw and
				increasing the insurance coverage to an amount equal to the sum of all prior
				Draws and the current Draw, without additional exceptions, except those
				specifically approved in writing by the Corporation.
(4) The Corporation shall disburse
				construction Draws through Automated Clearing House (ACH). The Borrower may
				request disbursement of construction Draws via a wire transfer. The Borrower
				will be charged a fee of $10 for each wire transfer requested. This charge will
				be netted against the Draw amount.
(5) The Corporation shall elect to withhold
				any Draw or portion of any Draw, notwithstanding any documentation submitted by
				the Borrower in connection with the request for a Draw, if:
(a) The Corporation or the Corporation's
				servicer determines at any time that the actual cost budget or progress of
				construction differs from that as shown on the loan documents;
(b) The percentage of progress of
				construction of the improvements differs from that shown on the request for a
				Draw, or
(c) If an Applicant or any
				Principal, Affiliate or financial Beneficiary of an Applicant or a Developer is
				in arrears for any financial obligation it has to the Corporation or any agent
				or assignee of the Corporation.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-58 - COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) › Section 67-58.100 - Terms of the Loans to Eligible Persons

Current through Reg. 50, No. 138; July 16, 2024
(1)
				CWHIP loans to Eligible Persons shall be for a period of not more than 30
				years. The loan term may exceed 30 years as required to be coterminous with the
				first mortgage or if otherwise approved by the Board.
(a) For forgivable loans, the loan, including
				the accruing 1 percent simple interest per annum, shall be forgiven pro-rata
				each year as long as the set-aside unit remains in compliance.
(b) For loans that are not forgivable, the
				repayment terms shall be at 3 percent interest fully amortizing for the term of
				the loan.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-58 - COMMUNITY WORKFORCE HOUSING INNOVATION PILOT PROGRAM (CWHIP) › Section 67-58.110 - Permanent Loan Servicing - Annual Review

Current through Reg. 50, No. 138; July 16, 2024
The Corporation's servicer shall annually certify permanent
				  residency and insurance certification of the Eligible Person occupying a CWHIP
				  unit.
Rulemaking Authority
					 420.5095 FS. Law Implemented
					 420.5095
					 FS.
New 12-17-06, Repromulgated
					 12-23-07.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Section 67-59.001 - Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
In 2010, the United States Department of the Treasury ("U.S.
				  Treasury") created the Housing Finance Agency Innovation Fund for the Hardest
				  Hit Housing Markets ("Hardest Hit Fund") and allocated funds under the
				  Emergency Economic Stabilization Act of 2008 ("EESA") to Florida and other
				  states. Florida Housing was directed by U.S. Treasury to create and administer
				  foreclosure prevention assistance programs and to use a portion of these funds
				  specifically for targeted unemployment programs that provide temporary
				  assistance to eligible homeowners. Florida Housing's use of these funds is
				  governed by written agreements with U.S. Treasury. The Agreements, FHHF-01 Rev
				  8/13, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03411
),
				  are hereby adopted and incorporated by reference. Copies may be obtained at no
				  cost, by contacting Florida Housing, HHF program at (850)
				  488-4197.
Rulemaking Authority
					 420.507(33) FS.
					 Law Implemented 420.507(33)
					 FS.
New 12-4-12, Amended
					 12-12-13.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Section 67-59.005 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Applicant" means a person who has
				applied for Hardest Hit Fund assistance.
(2) "Florida Housing" means the Florida
				Housing Finance Corporation as defined in Section
				420.503, F.S.
(3) "Hardest Hit Fund" means the Housing
				Finance Agency Innovation Fund for the Hardest Hit Housing Markets as
				established by the U.S. Treasury.
(4) "Programs" mean the Unemployment Mortgage
				Assistance Program (UMAP), the Mortgage Loan Reinstatement Program (MLRP) and
				the Principal Reduction (PR) Program created under the Hardest Hit
				Fund.
(5) "Substantially
				Underemployed" means having a reduction in income of at least 10% due to an
				employment-related hardship.
(6)
				"U.S. Treasury" means the United States Department of the Treasury.
(7) "Unencumbered Assets" means assets
				including savings, checking and money market accounts, certificates of deposit,
				stocks, bonds, mutual funds, taxable investment accounts and cash, but does not
				include qualified retirement accounts such as an IRA, 401(k), 403(b) and 457
				and Keough Accounts. It also does not include qualified education accounts such
				as a Florida Prepaid College Plan, 529 accounts and Coverdell Education Savings
				Accounts.
Rulemaking Authority
					 420.507(33) FS.
					 Law Implemented 420.507(33)
					 FS.
New 12-4-12, Amended
					 12-12-13.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Section 67-59.010 - Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) The following Programs are available
				under the Hardest Hit Fund:
(a) Unemployment
				Mortgage Assistance Program (UMAP) will provide up to the lesser of 12 months
				or $24, 000 in payments to the mortgage servicer to assist eligible unemployed
				or underemployed Applicants with their first mortgage until they can resume
				payments on their own.
(b) Mortgage
				Loan Reinstatement Payment (MLRP) Program will provide up to $25, 000 ($18, 000
				when used in conjunction with UMAP) towards mortgage arrearages for eligible
				Applicants.
(c) Principal Reduction
				Program will provide up to $50, 000 to pay down the principal balance on
				mortgage loans for eligible Applicants.
(d) The maximum amount of HHF assistance
				available to a household from any combination of Programs is $50,
				000.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Part I - Unemployment Mortgage Assistance Program (UMAP) and Mortgage Loan Reinstatement Program (MLRP) › Section 67-59.020 - Eligibility for UMAP or UMAP/MLRP

Current through Reg. 50, No. 138; July 16, 2024
To be eligible for assistance under the UMAP Program or the
					 MLRP Program when used in conjunction with the UMAP Program:
(1) The Applicant must document that he or
				  she is a borrower or co-borrower on the mortgage loan and document that he or
				  she:
(a) Has suffered a temporary
				  employment-related hardship, meaning that they have become unemployed or
				  Substantially Underemployed through no fault of his or her own;
(b) Is a Florida resident;
(c) Occupies the property as his or her
				  primary residence;
(d) Has a total
				  household income, adjusted for household size, that is below 140% of the county
				  area median income. The Area Median Income List, AMI-01, Rev 12/12, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03412
),
				  for counties in Florida is hereby adopted and incorporated by reference. Copies
				  may be obtained at no cost, by contacting Florida Housing, HHF program at
				  (850)488-4197.
(e) Does not have
				  Unencumbered Assets in excess of $5, 000 or three times the amount of their
				  monthly payment of principal, interest, taxes, insurance and association dues
				  (PITIA), whichever is greater;
(f)
				  Has a total monthly housing debt greater than 31% of the gross monthly
				  household income;
(g) Does not have
				  a bankruptcy that has not been discharged or dismissed;
(h) Has not been convicted of a mortgage
				  related felony in the last ten years; and
(i) Does not own more than one property other
				  than their primary residence.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Part I - Unemployment Mortgage Assistance Program (UMAP) and Mortgage Loan Reinstatement Program (MLRP) › Section 67-59.030 - Eligibility for MLRP Only

Current through Reg. 50, No. 138; July 16, 2024
To be eligible for assistance under the MLRP
					 Program:
(1) The Applicant must
				  document that he or she is a borrower or co-borrower on the mortgage loan and
				  document that he or she:
(a) Has suffered a
				  temporary employment-related hardship, meaning that they have become unemployed
				  or Substantially Underemployed through no fault of his or her own, from which
				  he or she has now recovered;
(b) Is
				  a Florida resident;
(c) Occupies
				  the property as his or her primary residence;
(d) Has a total household income, adjusted
				  for household size, that is below 140% of the county area median income. The
				  Area Median Income List, AMI-01, Rev 12/12, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03412
),
				  for counties in Florida;
(e) Does
				  not have Unencumbered Assets in excess of $5, 000 or three times the amount of
				  their monthly payment of principal, interest, taxes, insurance and association
				  dues (PITIA), whichever is greater;
(f) Has a total monthly housing debt less
				  than 31% of the gross monthly household income, unless the Applicant can
				  provide documentation that he or she has recovered from the hardship and is no
				  longer Substantially Underemployed;
(g) Does not have a bankruptcy that has not
				  been discharged or dismissed;
(h)
				  Has not been convicted of a mortgage related felony in the last ten years; and,
(i) Does not own more than one
				  property other than their primary residence.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Part II - Principal Reduction Program › Section 67-59.040 - Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicants may apply online at
www.flhardesthithelp.org
.
				  Applicants without internet access may call (877)863-5244 for
				  assistance.
(2) Applicants will be
				  assigned to a Florida Housing-approved third party advisor agency that will
				  work with the Applicant and collect the information necessary to make a
				  preliminary eligibility determination.
(3) An Applicant whom an advisor agency
				  determines to be preliminarily eligible for one or more Programs will be
				  submitted to Florida Housing for review and underwriting of the preliminary
				  determination of eligibility.
(4)
				  An Applicant deemed ineligible will be issued a letter specifying the reason(s)
				  for ineligibility and provided information on how to dispute the
				  determination.
(5) Upon
				  confirmation of the preliminary determination that an Applicant has met the
				  eligibility criteria, Florida Housing will offer to make payments to the
				  Applicants mortgage servicer pursuant to the terms of the applicable Program.
				  Should the Applicant's mortgage servicer decline to participate in the Hardest
				  Hit Fund Programs or decline to accept payments on the Applicant's loan, then
				  Florida Housing will be unable to provide any assistance to the Applicant.
				  Applicants will be notified if they have been declined by their mortgage
				  servicer.
Rulemaking Authority
						420.507(33) FS.
						Law Implemented 420.507(33)
						FS.
New 12-4-12.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Part II - Principal Reduction Program › Section 67-59.050 - Form of Assistance

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible
				  Applicants who have not been declined by their mortgage servicer will receive
				  assistance under the applicable Program(s) in the form of a forgivable loan.
				  Applicants must execute Hardest Hit Fund loan documents before any assistance
				  is provided. Assistance will be paid by Florida Housing directly to the
				  Applicant's mortgage servicer.
(2)
				  The assistance provided will be in the form of a 0% interest, non-recourse,
				  deferred payment, forgivable loan. The loan will be forgiven over a five year
				  period, starting at month 18, at a rate of 20% per year. If the home is sold or
				  refinanced prior to the maturity date and there are sufficient funds to the
				  Applicant out of the transaction, then the balance of the loan that has not
				  been forgiven must be repaid.
Rulemaking Authority
						420.507(33) FS.
						Law Implemented 420.507(33)
						FS.
New 12-4-12.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Part II - Principal Reduction Program › Section 67-59.060 - Quarterly Reviews

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible
				  Applicants who receive assistance under the UMAP Program will be required to
				  certify on a quarterly basis that they are still eligible for UMAP assistance
				  and provide all necessary documentation.
(2) Should Applicant fail to provide all of
				  the information necessary to verify his or her continued eligibility in the
				  UMAP Program, Florida Housing will terminate Applicant's participation in the
				  Program.
Rulemaking Authority
						420.507(33) FS.
						Law Implemented 420.507(33)
						FS.
New 12-4-12.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Part II - Principal Reduction Program › Section 67-59.201 - Overview

Current through Reg. 50, No. 138; July 16, 2024
The PR Program is designed to assist low-to-moderate income
					 homeowners who have consistently paid their mortgage payments, are not
					 delinquent on their mortgage payments, but whose unpaid principal balance is
					 greater than the current market value of their home, by providing Hardest Hit
					 Funds to reduce the amount of their outstanding principal loan balance to an
					 amount as close to 100% loan-to-value as possible and also reduce their monthly
					 mortgage payment.
Rulemaking Authority
						420.507(33) FS.
						Law Implemented 420.507(33)
						FS.
New 12-12-13.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Part II - Principal Reduction Program › Section 67-59.210 - Eligibility for PR

Current through Reg. 50, No. 138; July 16, 2024
To be eligible for assistance under the PR Program:
(1) The Applicant must document that he or
				  she is a borrower or co-borrower on the mortgage loan and also document that he
				  or she:
(a) Has a loan-to-value ratio on their
				  first mortgage loan of 125% or greater;
(b) Is a legal U.S. Citizen or lawful
				  permanent resident;
(c) Occupies
				  the property as his or her primary residence;
(d) Has a total household income, adjusted
				  for household size, that is below 140% of the county area median income. The
				  Area Median Income List, AMI-01, Rev 12/12, for counties in Florida.
(e) Does not have a bankruptcy that has not
				  been discharged or dismissed;
(f)
				  Has not been convicted of a mortgage related felony in the last ten
				  years;
(g) Has not been more than
				  60 days late on their first mortgage loan payments within the last two years;
				  and,
(h) The Applicant's mortgage
				  loan servicer must agree to recast the loan pursuant to The Agreements, after
				  applying the principal reduction payment except in the case of Federal Housing
				  Administration ("FHA"), Veterans Administration ("VA") and United States
				  Department of Agriculture Rural Development ("USDA-RD")
				  loans.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Part II - Principal Reduction Program › Section 67-59.220 - Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicants may apply online at
				  www.principalreductionflhhf.org. Applicants without internet access may call
				  (877)863-5244 for assistance.
(2)
				  Once their application has been received, Applicants will be assigned to a
				  Florida Housing-approved third party advisor agency that will work with the
				  Applicant and collect the information necessary to make a preliminary
				  eligibility determination.
(3) An
				  Applicant whom an advisor agency determines to be preliminarily eligible for
				  the PR Program will be submitted to Florida Housing for review and underwriting
				  of the preliminary determination of eligibility.
(4) An Applicant deemed ineligible will be
				  issued a letter specifying the reason(s) for ineligibility and provided
				  information on how to dispute the determination.
(5) Upon confirmation of the preliminary
				  determination that an Applicant has met the eligibility criteria, Florida
				  Housing will offer to make payments to the Applicant's mortgage servicer
				  pursuant to the terms of the PR Program. Should the Applicant's mortgage
				  servicer decline to participate in the Hardest Hit Fund Programs or decline to
				  accept payments on the Applicant's loan, then Florida Housing will be unable to
				  provide any assistance to the Applicant. Applicants will be notified if they
				  have been declined by their mortgage servicer.
Rulemaking Authority
						420.507(33) FS.
						Law Implemented 420.507(33)
						FS.
New 12-12-13.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-59 - HARDEST HIT FUND › Part II - Principal Reduction Program › Section 67-59.230 - Form of Assistance

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible
				  Applicants who have not been declined by their mortgage servicer will receive
				  assistance under the PR Program in the form of a forgivable loan. Applicants
				  must execute Hardest Hit Fund loan documents before any funds are provided.
				  Funding will be paid by Florida Housing directly to the Applicant's mortgage
				  servicer.
(2) For loans that are
				  recast pursuant to The Agreements, after the application of the PR assistance,
				  the loan will be in the form of a 0% interest, non-recourse, deferred payment,
				  forgivable loan. The loan will be forgiven over a five year period at a rate of
				  20% per year.
(3) For Federal
				  Housing Administration ("FHA"), Veterans Administration ("VA") and United
				  States Department of Agriculture Rural Development ("USDA-RD") loans, if the
				  borrower fails to refinance the loan within 180 days from the date that the
				  principal reduction payment is made on their behalf, then the loan will only be
				  forgiven 100% at the end of the fifth year (no incremental
				  forgiveness).
(4) If the home is
				  sold or refinanced prior to the maturity date of the HHF loan and there are
				  sufficient funds to the Applicant out of the transaction, then the balance of
				  the loan that has not been forgiven must be repaid.
Rulemaking Authority
						420.507(33) FS.
						Law Implemented 420.507(33)
						FS.
New 12-12-13.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.001 - Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to establish the
				  procedures by which the Corporation shall:
(1) Administer the competitive solicitation
				funding process to make and service mortgage loans for new construction or
				rehabilitation of affordable rental units under the State Apartment Incentive
				Loan (SAIL) Program authorized by section
				420.5087, F.S., and the HOME
				Investment Partnerships (HOME) Program authorized by section
				420.5089, F.S.;
(2) Administer the competitive solicitation
				processes to implement the provisions of the Housing Credit (HC) Program
				authorized by Section 42 of the IRC and section
				420.5099, F.S.; and,
(3) Administer the competitive solicitation
				funding process for any other Corporation program.
(4) This rule chapter shall be reviewed, and
				if necessary, repealed or renewed through the rulemaking process no later than
				five years from the effective date.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(48),
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 8-20-13, Amended 10-8-14, Repromulgated 9-15-16,
					 7-8-18, Amended 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
Unless otherwise specifically provided, the definitions in
				  section 67-48.002, F.A.C. and Rule
				  67-21.002, F.A.C., apply to this
				  rule chapter.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(48),
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 8-20-13, Repromulgated 10-8-14, Amended 9-15-16,
					 7-8-18, 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.003 - Notice and Posting of Competitive Solicitations

Current through Reg. 50, No. 138; July 16, 2024
(1) Public notice of any competitive
				solicitation pursuant to this rule chapter shall be given as provided herein
				and in advance of the due date of the Applications, to permit Applicants to
				prepare and submit Applications in a timely fashion.
(2) The Corporation shall post any
				competitive solicitation pursuant to this rule chapter on its Website, which
				shall constitute "electronic posting" pursuant to section
				120.57(3)(a),
				F.S., notwithstanding the definition in section
				287.012(10),
				F.S., and the provisions of section
				287.042(3),
				F.S. There will be a minimum of fourteen (14) days between the publication date
				of the notice on the Website, and the due date of the Applications.
(3) The Corporation shall post each notice of
				a decision or intended decision concerning a competitive solicitation pursuant
				to this rule chapter on its Website, which shall constitute "electronic
				posting" pursuant to section
				120.57(3)(a),
				F.S., notwithstanding the definition in section
				287.012(10),
				F.S., and the provisions of section
				287.042(3),
				F.S.
(4) Any notice or solicitation
				issued by the Corporation pursuant to this rule chapter shall be considered
				published at the date and time indicated on the Corporation
				Website.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(48),
					 420.504,
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 8-20-13, Repromulgated 10-8-14, 9-15-16, Amended
					 7-8-18, Repromulgated 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.004 - Withdrawal of Competitive Solicitation or Application

Current through Reg. 50, No. 138; July 16, 2024
(1) The Corporation may withdraw any
				competitive solicitation pursuant to this rule chapter at any time prior to the
				due date of the Applications 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 and published
				in the next available volume of the F.A.R.
(2) Any Applicant may request withdrawal of
				its Application from a competitive solicitation by filing a written notice of
				withdrawal with the Corporation Clerk. For purposes of the funding selection
				process, the Corporation shall not accept any Application withdrawal request
				that is submitted after 5:00 p.m. (Eastern Time), on the last business day
				before the date the scoring committee meets to make its recommendations until
				after the Board has taken action on the scoring committee's recommendations,
				and such Application shall be included in the funding selection process as if
				no withdrawal request had been submitted. Any funding or allocation that
				becomes available after such withdrawal is accepted shall be treated as
				returned funds and disposed of according to the terms of that competitive
				solicitation.
(3) Fees submitted by
				Applicants as required by any competitive solicitation pursuant to this rule
				chapter are non-refundable.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(48),
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 8-20-13, Amended 10-8-14, Repromulgated 9-15-16,
					 Amended 7-8-18, Repromulgated 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.005 - Modification of Terms of Competitive Solicitations

Current through Reg. 50, No. 138; July 16, 2024
The Corporation may modify the terms of any competitive
				  solicitation pursuant to this rule chapter at any point prior to the due date
				  of the Applications. A notice of modification will be posted on the
				  Corporation's Website. Any Applicant shall have at least seven (7) days from
				  the date of the posting of the notice of the modification to submit or modify
				  its Application.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(48),
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 8-20-13, Repromulgated 10-8-14, 9-15-16, Amended
					 7-8-18, Repromulgated 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.006 - Responsibility of Applicants

Current through Reg. 50, No. 138; July 16, 2024
(1) The failure
				of an Applicant to supply required information in connection with any
				competitive solicitation pursuant to this rule chapter shall be grounds for a
				determination of nonresponsiveness with respect to its Application. If a
				determination of nonresponsiveness is made by the Corporation, the Application
				shall be considered ineligible.
(2)
				At no time during the review and evaluation of any competitive solicitation
				issued under this rule chapter, commencing with the due date for submission of
				Applications and continuing until the Board renders a final decision on the
				competitive solicitation, may Applicants or their representatives contact Board
				members or Corporation staff, except Corporation Legal staff, concerning their
				own or any other Applicant's Application. If an Applicant or its representative
				does contact a Board or staff member in violation of this section, the Board
				shall, upon a determination that such contact was made in an attempt to
				influence the selection process, disqualify the
				Application.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(48),
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 8-20-13, Amended 10-8-14, Repromulgated 9-15-16,
					 Amended 7-8-18, Repromulgated 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.007 - Evaluation of Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) For each
				competitive solicitation issued pursuant to this rule chapter the Corporation
				shall establish a scoring committee composed only of employees of the
				Corporation to evaluate Applications, which scoring committee shall provide
				findings, recommendations, or both to the Board.
(2) Scoring committee members shall
				independently evaluate Applications, and shall not communicate with members of
				the same scoring committee regarding such evaluation, except during meetings
				noticed and open to the public.
(3)
				The scoring committee shall conduct one or more public meetings at which the
				scoring committee members may discuss their evaluation, or present their
				findings, make recommendations to the Board, or any combination
				thereof.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(48),
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 8-20-13, Repromulgated 10-8-14, 9-15-16, 7-8-18,
					 Repromulgated 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.008 - Right to Waive Minor Irregularities

Current through Reg. 50, No. 138; July 16, 2024
Minor irregularities are those irregularities in an
				  Application, such as computation, typographical, or other errors, that do not
				  result in the omission of any material information; do not create any
				  uncertainty that the terms and requirements of the competitive solicitation
				  have been met; do not provide a competitive advantage or benefit not enjoyed by
				  other Applicants; and do not adversely impact the interests of the Corporation
				  or the public. Minor irregularities may be waived or corrected by the
				  Corporation.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(48),
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 8-20-13, Repromulgated 10-8-14, 9-15-16, Amended
					 7-8-18, Repromulgated 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.009 - Applicant Administrative Appeal Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Interested parties that wish to protest
				the terms of any competitive solicitation issued pursuant to this rule chapter
				may only do so pursuant to the procedures set forth in section
				120.57(3),
				F.S., and chapter 28-110, F.A.C.
(2) Any person who is adversely affected by
				funding decisions under any competitive solicitation may only protest the
				results of the competitive solicitation process pursuant to the procedures set
				forth in section 120.57(3),
				F.S., and chapters 28-106 and 28-110, F.A.C. Any pleadings or other documents
				must be filed with the Corporation in accordance with section
				28-106.104, F.A.C.
(3) Any specifically named person whose
				substantial interests are being determined in the proceeding may make an
				appearance as a party. Any other person wishing to intervene in the proceeding
				must do so in accordance with rule
				28-106.205, F.A.C.
(4) For the purposes of section
				120.57(3)(f),
				F.S., any competitive solicitation issued under this rule chapter shall be
				considered a "request for proposal." No submissions made after the Application
				deadline which amend or supplement the Application shall be
				considered.
(5) Applicants
				initiating administrative proceedings under this rule chapter shall not be
				required to post a bond.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(48),
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 8-20-13, Amended 10-8-14, Repromulgated 9-15-16,
					 Amended 7-8-18, Repromulgated 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-60 - COMPETITIVE SOLICITATION FUNDING PROCESS › Section 67-60.010 - Funding Preferences

Current through Reg. 50, No. 138; July 16, 2024
(1) In connection
				with any competitive solicitation, where all other competitive elements are
				equal, the Corporation may establish a preference for developers and general
				contractors who demonstrate the highest rate of Florida job creation in the
				development and construction of affordable housing.
(2) In any competitive solicitation, the
				Corporation may prescribe a priority to fund affordable housing projects in the
				Florida Keys Area of Critical State Concern and the City of Key West Area of
				Critical State Concern where, due to challenging environmental, land use,
				transportation, workforce, and economic factors, it is extremely difficult to
				successfully finance, develop, and construct affordable housing.
(3) The Corporation may establish other
				funding priorities as deemed appropriate for a competitive program or
				solicitation.
Rulemaking Authority
					 420.507(12) FS.
					 Law Implemented 420.507(47), (48),
					 (49),
					 420.5087,
					 420.5089(2),
					 420.5099
					 FS.
New 10-8-14, Repromulgated 9-15-16, 7-8-18, Repromulgated
					 7-6-22.
Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67ER20 - EMERGENCY RULE FOR YEAR 2020 › Section 67ER20-1 - Rent Increases

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. The
				purpose of this emergency rule is to incentivize owners and developers of
				affordable housing to suspend rent increases during the Public Health Emergency
				declared by the Governor in Executive Order 20-52 and the Major Disaster
				Declaration for the State of Florida declared by the President
				(DR-4486).
(2) Duration of this
				Rule. This rule shall no longer be effective upon the earlier to occur of:
(a) The timeframe described in section
				120.54(4)(c), F.S.;
(b) The
				expiration of both the Governor's Executive Order 20-52 and the President's
				Major Disaster Declaration for the State of Florida; or
(c) The date a final rule, if any, has been
				adopted pursuant to section 120.54, F.S., concerning the same subject matter
				herein.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.001 - Adoption of Uniform Rules of Procedure; Subject Matter Index; Official Reporter

Current through Reg. 50, No. 138; July 16, 2024
(1) The Uniform
				Rules of Procedure, Chapter 28, F.A.C., shall be the procedural rules of the
				Fish and Wildlife Conservation Commission.
(2) The Commission designates Florida
				Administrative Law Reports (FALR) as its official reporter for purposes of
				publishing and indexing by subject matter all Commission orders rendered
				pursuant to exercise of authority granted to the Commission by state
				statute.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.Const.,
					 20.331(9)
					 FS.
New 7-19-06, Amended
					 1-8-08.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.002 - Minority Business Enterprise Procurement Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) The Executive Director shall designate a
				senior level employee as a Minority Enterprise Assistance Officer who shall be
				responsible for overseeing the Commission's minority business enterprise
				utilization activities.
(2) To
				achieve the minority business enterprise procurement goals set forth in Section
				287.042, F.S., the Commission
				shall:
(a) Adopt and periodically review the
				minority business enterprise utilization plan;
(b) Participate in minority trade fairs
				throughout the State of Florida;
(c) Provide the local Federal Small Business
				Development Center with copies of all formal solicitations for contractual
				services, supplies and commodities;
(d) Update the vendor file quarterly based on
				the certified minority business enterprise directory issued quarterly by the
				Department of General Services;
(e)
				Mail certification forms and offer assistance to minority vendors listed in its
				vendor file who have not yet been certified;
(f) Identify areas that may be reserved for
				bidding only by certified minority business enterprises;
(g) Schedule, when feasible and practical,
				presolicitation or prebid meetings for the purpose of informing certified
				minority business enterprises of contracting and subcontracting
				opportunities;
(h) Make purchases
				under $10, 000, whenever economically feasible and practicable, from certified
				minority business enterprises;
(i)
				Assure timely payment to vendors and contractors as provided in Section
				215.422, F.S.;
(j) The Division of Administrative Services
				will work with the Minority Business Enterprise Assistance Office to identify
				certified minority enterprises for a particular industry; and,
(k) To the extent practicable, large
				contracts ($50, 000 and above) will be divided into smaller contracts to afford
				opportunities to certified minority business
				enterprises.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.004 - Standards

Current through Reg. 50, No. 138; July 16, 2024
The Fish and Wildlife Conservation Commission adopts the
				  following standards to guide rulemaking relating to hunting and fishing:
(1) The paramount objective of rulemaking
				relating to hunting and fishing shall be the management of the fish and
				wildlife resources of this state for their long-term well-being and for the
				benefit of all the people.
(2)
				Rulemaking shall be based upon the best information available, including
				biological, sociological, economic, cultural, historical and other information
				deemed relevant by the Commission.
(3) The biological basis for rulemaking
				should include but not be limited to stock assessments, biological surveys,
				management plans, or other science-based studies or information.
(4) With respect to harvested populations,
				rulemaking should permit reasonable means and quantities of harvest, consistent
				with optimum sustainable populations. Optimum sustainable populations shall
				mean the highest degree of population productivity within available habitat to
				sustain fish and wildlife for the long term use or enjoyment of all the
				people.
(5) When possible and
				practicable, populations will be managed as a biological unit. A biological
				unit shall mean a species or subspecies of fish or wildlife within their
				dependent habitat or ecosystem.
(6)
				Conservation and management decisions shall be derived through processes which
				are fair and accessible to all the people of the state and which are consistent
				with the procedures in Rule
				68-1.001, F.A.C.
(7) When applicable, federal fish and
				wildlife management plans and management plans of other states or interstate
				commissions should be considered when developing state hunting and fishing
				rules.
(8) This rule shall apply to
				rules and rule amendments relating to hunting and fishing proposed after July
				1, 2006. In each final public hearing for such rules and rule amendments, a
				statement regarding compliance with this rule shall be made part of the
				official rulemaking record.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-19-06.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.005 - State Preemption of Power to Regulate

Current through Reg. 50, No. 138; July 16, 2024
The power to regulate the taking or possession of marine
				  life, as assigned to the Fish and Wildlife Conservation Commission by Article
				  IV, Section 9 of the Florida Constitution, is expressly reserved to the
				  Commission. This reservation does not prohibit a local government from
				  prohibiting, for reasons of protecting the public health, safety, or welfare,
				  saltwater fishing from real property owned by that local
				  government.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 3-1-05.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.006 - Cooperative Advertising, Sponsorships and Partnerships

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose; intent; references. The
				Commission currently engages in advertising, promotional, marketing and related
				activities in support of its fish, wildlife, public recreation and other
				programs. The purpose of the rule is to implement the provisions of Section
				379.2342(5)(a),
				F.S., relating to Commission utilization of public and private partnerships to
				inform Floridians and visitors about Florida's unique and diverse fish and
				wildlife, and related recreation opportunities, and make such information
				available by means of commonly used media. Commission sponsors and partners may
				also participate in other aspects of the Commission's advertising, promotional,
				marketing and related activities not addressed in this rule. For purposes of
				this rule, the terms "partner" and "partnership" shall include the terms
				"sponsor" and "sponsorship" respectively.
(2) Partnership selection.
(a) The Commission may seek a partnership
				proposal from a specific qualified partner, or set of potential partners. The
				Commission may also seek proposals more broadly from all qualified potential
				partners through publication of a notice or other means designed to provide
				notice to potential partners. Persons or entities proposing a partnership may
				submit a proposal to the Commission at any time. Creative proposals from the
				private sector are encouraged. Because of the diversity of Commission programs
				and activities, partnerships may be established for broad dissemination of
				information (national, international, regional, statewide), or for localized
				markets, or a combination.
(b) The
				Commission will consider the following in any selection of partners and
				potential partners:
1. Whether the mission,
				image and messages of the potential partner are consistent and compatible with
				the mission, programs and activities of the Commission;
2. Whether the proposed partnership would
				support a specific Commission program or programs;
3. The nature of the business in which the
				potential partner engages, and its consistency and compatibility with the
				mission, programs and activities of the Commission;
4. The potential for inconsistency between
				the public image or messages of the potential partner, and the public image or
				messages of the Commission;
5. The
				potential partner's record of compliance with wildlife-related laws and rules
				(statewide, nationally and internationally);
6. The potential partner's record of support
				for wildlife programs;
7. The
				potential for conflict of interest, or the appearance of conflict of interest;
				and
8. Whether the proposed
				partnership is consistent with the intent of Section
				379.2342(5)(a),
				F.S.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68 - Departmental › Chapter 68-1 - GENERAL PROVISIONS › Section 68-1.007 - Wildlife Violator Compact, Implementation

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				379.2255, F.S., the Fish and
				Wildlife Conservation Commission hereby recognizes recreational license
				suspensions or revocations imposed on residents of this state by another
				participating Wildlife Violator Compact state, for the following violations:
(a) Accumulated Wildlife
				Violations;
(b) Illegal Take or
				Possession of Big Game;
(c) Federal
				Wildlife Violations;
(d) Felony
				Wildlife Violation;
(e) Illegal
				Take or Possession of Fish;
(f)
				License Violations, Fraud, False Statement;
(g) Illegal Take or Possession of other
				Wildlife;
(h) Violations While on
				Revocation;
(i) Illegal Take or
				Possession of Small Game or Migratory Birds;
(j) Sale/Purchase of Wildlife;
(k) Illegal Take or Possession of Threatened
				or Endangered Species;
(l)
				Tag/Permit/License Transfer;
(m)
				Waste of Wildlife.