CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
...incipal of loans made prior to October 1, 1976, to eligible group-living homes upon approval by the department of each annual statement of services provided. The Group-Living Home Trust Fund was established by Ch. 75-197, Laws of Florida codified as s. 393.15 , F. S. Subsection (1) of s. 393.15 states the legislative intent and purpose for creating this Group-Living Home Trust Fund: The Legislature finds and declares that the development of community-based treatment facilities for the retarded, autistic, or other developmentally d...
...iving homes for the retarded, autistic, and other developmentally disabled. The Department of Health and Rehabilitative Services is vested with the authority to grant loans to eligible group-living for the initial costs of development of such homes. Section 393.15 (3), F....
...Such costs shall not include the actual construction of a group-living home.' Pursuant to this authority, the department granted a number of loans to eligible group-living homes. The inquiry indicates that such loans were made on or about October 1, 1975. Subsequent to these loans, s. 393.15 , F. S., was amended by Ch. 76-128, Laws of Florida. Section 393.15 (5), prior to this amendment, provided that any loan granted by the department pursuant to that section was to be repaid within 5 years....
...during the year together with such other information as the department by rule shall require, and, upon approval of each such annual statement, the department shall forgive 20 percent of the principal of such loan . (Amendatory language emphasized.) Section 393.15 (5), F....
...ent of the principal of such loans made to qualified group-living homes. Subsection (5) would, in effect, allow the department to forgive 100 percent of the loan over the 5-year period of repayment. The department questions whether the provisions of s. 393.15 (5), allowing remission of loans, could be applied to those loans made during the period from October 1, 1975 (the date the authority to grant loans to group-living homes initially enacted by Ch. 75-197 became effective), to October 1, 1976 (the date Ch. 76-128, allowing forgiveness of loans granted pursuant to s. 393.15 , became effective)....
...Your predecessor questioned whether the department could amend existing contracts entered into by certain group-living homes and the department between October 1, 1975, and October 1, 1976, to include a forgiveness clause implementing the statutory provisions of s. 393.15 , F....
...e is limited to approving the required annual statement setting forth the residential service provided by an eligible group-living home during the preceding year and such other information the department by rule may require. The pertinent portion of s. 393.15 (5) provides that `upon approval of each such annual statement, the department shall forgive 20 percent of the principal of such loan.' (Emphasis supplied.) I assume that any amounts repaid by group-living homes on loans made pursuant to the authority granted by s. 393.15 , F....
...Mosley,
204 So.2d 197 (Fla. 1967); Armstrong v. City of Edgewater,
157 So.2d 422 (Fla. 1963); and Florida State Racing Comm. v. McLaughlin,
102 So.2d 574 (Fla. 1958). There might be some concern that applying the remission or forgiveness provisions of s.
393.15 , F....
...The statutorily prescribed remission of these debts, in the absence of legislative intent to the contrary, of necessity applies to obligations entered into on or after October 1, 1975, the effective date of Ch. 75-197, Laws of Florida, codified as s. 393.15 , F. S. Also, the requirement of s. 393.15 (5), F....
...Therefore, the remission provisions of Ch. 76-128 should apply to annual repayments becoming due on or after October 1, 1976, even though the loan was made prior to the effective date of Ch. 76-128, provided affected group-living homes qualify by satisfying the requirements specified in s. 393.15 , F. S. Finally, `[t]he question whether a statute operates retrospectively, or prospectively only, is one of legislative intent.' 72 Am. Jur.2d Statutes s. 350, p. 487 (1974). An examination of s. 393.15 , F....
...76-128, Laws of Florida, providing for the remission of loans made by the Department of Health and Rehabilitative Services to group-living homes, leads to the conclusion that payments becoming due and payable on or after October 1, 1976, the effective date of Ch. 76-128, should be forgiven if the conditions stipulated in s. 393.15 (5) are fulfilled; such forgiveness should be granted regardless of the date of the loan if such loan was made pursuant to s. 393.15 and the group-living home qualifies thereunder. Section 393.15 (5) provides: ` Any loan granted by the department under this section [s. 393.15 ] shall be repaid by the group-living home within 5 years.' (Emphasis supplied.) The amendatory language of Ch....
...76-128, Laws of Florida, should apply to all loan repayments from eligible group-living homes becoming due on or after October 1, 1976, the effective date of Ch. 76-128, for all loans made to group-living homes by the Department of Health and Rehabilitative Services pursuant to its loan-making authority provided by s. 393.15 , F....
