67-48.004. Selection Procedures for Developments  


Effective on Thursday, July 11, 2019
  • 1(1) SAIL, HOME and Housing Credit Applications shall be limited to one submission per subject property. Two or more Applications, submitted in the same competitive solicitation process, that have the same demographic commitment and one or more of the same Financial Beneficiaries, will be considered submissions for the same Development site if any of the following is true:

    59(a) Any part of any of the property sites is contiguous with any part of any of the other property sites, or

    81(b) Any of the property sites are divided by a street or easement, or

    95(c) It is readily apparent from the Applications, proximity, chain of title, or other information available to the Corporation that the properties are part of a common or related scheme of development.

    127If two or more Applications are considered to be submissions for the same Development site, the Corporation will reject all such Applications.

    149(2) An Applicant shall be ineligible for funding or allocation in any program administered by the Corporation for a period of time as determined in paragraph (c), below, if:

    178(a) The Board determines that the Applicant or any Principal, Financial Beneficiary, or Affiliate of the Applicant has made a material misrepresentation or engaged in fraudulent actions in connection with any Application for a Corporation program. For purposes of this subsection, there is a rebuttable presumption that an Applicant has engaged in fraudulent actions if the Applicant or any Principal, Financial Beneficiary or Affiliate of the Applicant:

    2451. Has been convicted of fraud, theft or misappropriation of funds,

    2562. Has been excluded from federal or Florida procurement programs for any reason,

    2693. Has been convicted of a felony in connection with any Corporation program, or

    2834. Has offered or given consideration with respect to a local contribution as set forth in subsection (7), below.

    302(b) Before any such determination can be final or effective, the Corporation must serve an administrative complaint that affords reasonable notice to the Applicant of the facts or conduct that warrant the intended action, specifies a proposed duration of ineligibility, and advises the Applicant of the opportunity to request a proceeding pursuant to sections 356120.569 357and 358120.57, F.S. 360Upon service of such complaint, all pending transactions under any program administered by the Corporation involving the Applicant, or any Principal, Financial Beneficiary or Affiliate of the Applicant shall be suspended until a final order is issued or the administrative complaint is dismissed.

    403(c) The administrative complaint will include a proposed duration of ineligibility, which may be either a specific period of time or permanent in nature. With regard to establishing the duration, the Board shall consider the facts and circumstances, inclusive of each Applicant’s compliance history, the type of misrepresentation or fraud committed, and the degree of harm to the Corporation’s programs that has been or may be done.

    470(3) For the SAIL, HOME and Housing Credit Programs, notwithstanding any other provision of these rules, the following items as identified by the Applicant in the Application must be maintained and cannot be changed by the Applicant after the applicable submission, unless provided otherwise below:

    515(a) Name of Applicant or Developer entity(s); 522notwithstanding the foregoing, the name of the Applicant 530or Developer entity(s) 533may be changed only by written request of an Applicant to Corporation staff and approval of the Board after the Applicant has been invited to enter credit underwriting561.

    562With regard to said approval, the Board shall consider the facts and circumstances of each Applicant’s request, inclusive of validity and consistency of Application documentation;

    587(b) Principals of each Developer, including all co-Developers; 595notwithstanding the foregoing, the 599Principals 600of the Developer(s) may be changed only by written request of an Applicant to Corporation staff and approval of the Board after the Applicant has been invited to enter credit underwriting. With regard to said approval, the Board shall consider the facts and circumstances of each Applicant’s request, inclusive of validity and consistency of Application documentation;

    656(c) Program(s) applied for;

    660(d) Applicant applying as a Non-Profit or for-profit organization, unless provided otherwise in a competitive solicitation;

    676(e) Site for the Development; notwithstanding the foregoing, after the Applicant has been invited to enter credit underwriting and subject to written request of an Applicant to Corporation staff and approval of the Corporation, the site for the Development may be increased or decreased provided the Development Location Point is on the site and, if applicable, the total proximity points awarded during scoring are not reduced. In addition, if the increase or decrease of the site is such that the proposed Development now meets the definition of a Scattered Site, then the Applicant shall be required to provide such Scattered Sites information and meet all Scattered Sites requirements as required by Corporation staff789. With regard to said approval, the Corporation shall consider the facts and circumstances of each Applicant’s request, inclusive of validity and consistency of Application documentation;

    815(f) Development Category;

    818(g) Development Type;

    821(h) Demographic Commitment;

    824(i) Total number of units; 829notwithstanding the foregoing, the total number of units may be increased after the Applicant has been invited to enter credit underwriting, subject to written request of an Applicant to Corporation staff and approval of the Corporation. With regard to said approval, the Corporation shall consider the facts and circumstances, inclusive of each Applicant’s request, in evaluating whether the changes made are prejudicial to the Development or to the market to be served by the Development, 904as well as review of 90924 CFR Part 92 913to ensure continued compliance for the HOME Program;

    921(j) For the SAIL and HC Programs, t929he Total Set-Aside Percentage as stated in the last row of the total set-aside breakdown chart for the program(s) applied for in the Set-Aside Commitment section of the Application. 958For the HOME Program, the total number of HOME-Assisted Units committed to in the Set-Aside Commitment section of the Application. 978Notwithstanding the foregoing, the Total Set-Aside Percentage, 985or total number of HOME-Assisted Units, as applicable, 993may be increased after the Applicant has been invited 1002to enter credit underwriting, subject to written request of an Applicant to Corporation staff and approval of the Corporation1021. 1022With regard to said approval, the Corporation shall consider the facts and circumstances, inclusive of each Applicant’s request, in evaluating whether the changes made are prejudicial to the Development or to the market to be served by the Development, 1061as well as review of 106624 CFR Part 92 1070to ensure continued compliance for the HOME Program;

    1078(k) CHDO election for the HOME Program;

    1085(l) Funding Request Amount, 1089exclusive of adjustments by the Corporation as outlined in any applicable competitive solicitation1102.

    1103(4) For all funding programs outlined in this rule chapter, a Development will be withdrawn from funding and any outstanding commitments for funds or HC will be rescinded if, at any time, the Board determines that the Applicant’s Development or Development team is no longer the Development or Development team described in the Application or to the Credit Underwriter, and the changes made are prejudicial to the Development or to the market to be served by the Development.

    1181(5) For all funding programs outlined in this rule chapter, if an Applicant or Developer or any Principal, Affiliate or Financial Beneficiary of an Applicant or a Developer has any existing Developments participating in any Corporation programs that remain in non-compliance with Section 42 of the IRC, title 67, F.A.C., or applicable loan documents, and any applicable cure period granted for correcting such non-compliance has ended as of the time of submission of the Application or at the time of issuance of a credit underwriting report, the requested allocation will, upon a determination by the Board that such non-compliance substantially increases the likelihood that such Applicant or Developer will not be able to produce quality affordable housing, be denied and the Applicant or Developer and the Affiliates of the Applicant or Developer will be prohibited from new participation in any of the Corporation’s programs until such time as all of their existing Developments participating in any Corporation programs are in compliance.

    1342(6) For all funding programs outlined in this rule chapter, the name of the Development provided in the Application may not be changed or altered after submission of the Application during the history of the Development with the Corporation unless the change is requested in writing and approved in writing by the Corporation. 1395The Corporation shall consider the facts and circumstances of each Applicant’s request and any credit underwriting report, if available, prior to determining whether to grant such request.

    1422(7) For all funding programs outlined in this rule chapter, if the Applicant or any 1437Principal, Financial Beneficiary or 1441Affiliate of the Applicant has offered or given consideration, other than the consideration to provide affordable housing, with respect to a local contribution and this is discovered prior to Board approval of the Review Committee’s recommendations, the Corporation shall reject the Application and any other Application submitted by the same Applicant and any 1494Principal, Financial Beneficiary or 1498Affiliate of the Applicant. If discovered after the Board approves the Review Committee’s recommendations, any tentative funding or allocation for the Application and any other Application submitted by the same Applicant and any 1531Principal, Financial Beneficiary or 1535Affiliate of the Applicant will be withdrawn. Such Applicant and any of such Applicant’s 1549Principals, Financial Beneficiaries or 1553Affiliates will be ineligible for funding or allocation in any program administered by the Corporation 1568in accordance with the procedure set forth in subsection (2), above1579.

    1580Rulemaking Authority 1582420.507, 1583420.508 FS. 1585Law Implemented 1587420.5087, 1588420.5087(6)(c), 1589420.5089, 1590420.5089(6), 1591420.5099, 1592420.5099(2) FS. 1594History–New 7-22-96, Amended 12-23-96, 7-10-97, 1-6-98, Formerly 9I-48.004, Amended 4-7-98, 11-9-98, 2-24-00, 2-22-01, 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, Repromulgated 5-24-17, Amended 7-8-18, 7-11-19.