Florida Senate - 2015                             CS for SB 1500
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Latvala
       
       
       
       
       586-02545A-15                                         20151500c1
    1                        A bill to be entitled                      
    2         An act relating to housing for the homeless; amending
    3         s. 420.5087, F.S.; requiring that the reservation of
    4         funds within each notice of fund availability to
    5         persons who are homeless and persons with special
    6         needs be at least 10 percent of the funds available at
    7         the time of the notice; amending s. 420.622, F.S.;
    8         requiring that the State Office on Homelessness
    9         coordinate among certain agencies and providers to
   10         produce a statewide consolidated inventory for the
   11         state’s entire system of homeless programs which
   12         incorporates regionally developed plans; directing the
   13         State Office on Homelessness to create a task force to
   14         make recommendations regarding the implementation of a
   15         statewide Homeless Management Information System
   16         (HMIS) subject to certain requirements; requiring the
   17         task force to include in its recommendations the
   18         development of a statewide, centralized coordinated
   19         assessment system; requiring the task force to submit
   20         a report to the Council on Homelessness by a specified
   21         date; deleting the requirement that the Council on
   22         Homelessness explore the potential of creating a
   23         statewide Management Information System and encourage
   24         future participation of certain award or grant
   25         recipients; requiring the State Office on Homelessness
   26         to accept and administer moneys appropriated to it to
   27         provide annual Challenge Grants to certain lead
   28         agencies of homeless assistance continuums of care;
   29         removing the requirement that levels of grant awards
   30         be based upon the total population within the
   31         continuum of care catchment area and reflect the
   32         differing degrees of homelessness in the respective
   33         areas; allowing expenditures of leveraged funds or
   34         resources only for eligible activities subject to
   35         certain requirements; providing that preference for a
   36         grant award must be given to those lead agencies that
   37         have demonstrated the ability to leverage specified
   38         federal homeless-assistance funding with local
   39         government funding, as well as private funding, for
   40         the provision of services to homeless persons;
   41         revising preference conditions relating to grant
   42         applicants; requiring the State Office on
   43         Homelessness, in conjunction with the Council on
   44         Homelessness, to establish specific objectives by
   45         which it may evaluate the outcomes of certain lead
   46         agencies; requiring that any funding through the State
   47         Office on Homelessness be distributed to lead agencies
   48         based on their performance and achievement of
   49         specified objectives; revising the factors that may be
   50         included as criteria for evaluating the performance of
   51         lead agencies; amending s. 420.624, F.S.; revising
   52         requirements for the local homeless assistance
   53         continuum of care plan; providing that the components
   54         of a continuum of care plan should include Rapid
   55         ReHousing; requiring that specified components of a
   56         continuum of care plan be coordinated and integrated
   57         with other specified services and programs; creating
   58         s. 420.6265, F.S.; providing legislative findings and
   59         intent relating to Rapid ReHousing; providing a Rapid
   60         ReHousing methodology; amending s. 420.9071, F.S.;
   61         redefining the term “rent subsidies”; conforming a
   62         provision to changes made by the act; amending s.
   63         420.9072, F.S.; prohibiting a county or an eligible
   64         municipality from expending its portion of the local
   65         housing distribution to provide ongoing rent
   66         subsidies; specifying exceptions; amending s.
   67         420.9073, F.S.; requiring the Florida Housing Finance
   68         Corporation to first distribute a certain percentage
   69         of the total amount to be distributed each fiscal year
   70         from the Local Government Housing Trust Fund to the
   71         Department of Children and Families and to the
   72         Department of Economic Opportunity, respectively,
   73         subject to certain requirements; amending s. 420.9075,
   74         F.S.; providing that a certain partnership process of
   75         the State Housing Initiatives Partnership Program
   76         should involve lead agencies of local homeless
   77         assistance continuums of care; encouraging counties
   78         and eligible municipalities to develop a strategy
   79         within their local housing assistance plans which
   80         provides program funds for reducing homelessness;
   81         revising the criteria that apply to awards made to
   82         sponsors or persons for the purpose of providing
   83         housing; requiring that a specified report submitted
   84         by counties and municipalities include a description
   85         of efforts to reduce homelessness; creating s.
   86         420.9089, F.S.; providing legislative findings and
   87         intent; providing an effective date.
   88          
   89  Be It Enacted by the Legislature of the State of Florida:
   90  
   91         Section 1. Subsection (3) of section 420.5087, Florida
   92  Statutes, is amended to read:
   93         420.5087 State Apartment Incentive Loan Program.—There is
   94  hereby created the State Apartment Incentive Loan Program for
   95  the purpose of providing first, second, or other subordinated
   96  mortgage loans or loan guarantees to sponsors, including for
   97  profit, nonprofit, and public entities, to provide housing
   98  affordable to very-low-income persons.
   99         (3) During the first 6 months of loan or loan guarantee
  100  availability, program funds shall be reserved for use by
  101  sponsors who provide the housing set-aside required in
  102  subsection (2) for the tenant groups designated in this
  103  subsection. The reservation of funds to each of these groups
  104  shall be determined using the most recent statewide very-low
  105  income rental housing market study available at the time of
  106  publication of each notice of fund availability required by
  107  paragraph (6)(b). The reservation of funds within each notice of
  108  fund availability to the tenant groups specified in this
  109  subsection must be at least in paragraphs (a), (b), and (e) may
  110  not be less than 10 percent of the funds available at that time.
  111  Any increase in funding required to reach the 10-percent minimum
  112  must be taken from the tenant group that has the largest
  113  reservation. The reservation of funds within each notice of fund
  114  availability to the tenant group in paragraph (c) may not be
  115  less than 5 percent of the funds available at that time. The
  116  reservation of funds within each notice of fund availability to
  117  the tenant group in paragraph (d) may not be more than 10
  118  percent of the funds available at that time. The tenant groups
  119  are:
  120         (a) Commercial fishing workers and farmworkers;
  121         (b) Families;
  122         (c) Persons who are homeless;
  123         (d) Persons with special needs; and
  124         (e) Elderly persons. Ten percent of the amount reserved for
  125  the elderly shall be reserved to provide loans to sponsors of
  126  housing for the elderly for the purpose of making building
  127  preservation, health, or sanitation repairs or improvements
  128  which are required by federal, state, or local regulation or
  129  code, or lifesafety or security-related repairs or improvements
  130  to such housing. Such a loan may not exceed $750,000 per housing
  131  community for the elderly. In order to receive the loan, the
  132  sponsor of the housing community must make a commitment to match
  133  at least 5 percent of the loan amount to pay the cost of such
  134  repair or improvement. The corporation shall establish the rate
  135  of interest on the loan, which may not exceed 3 percent, and the
  136  term of the loan, which may not exceed 15 years; however, if the
  137  lien of the corporation’s encumbrance is subordinate to the lien
  138  of another mortgagee, then the term may be made coterminous with
  139  the longest term of the superior lien. The term of the loan
  140  shall be based on a credit analysis of the applicant. The
  141  corporation may forgive indebtedness for a share of the loan
  142  attributable to the units in a project reserved for extremely
  143  low-income elderly by nonprofit organizations, as defined in s.
  144  420.0004(5), where the project has provided affordable housing
  145  to the elderly for 15 years or more. The corporation shall
  146  establish, by rule, the procedure and criteria for receiving,
  147  evaluating, and competitively ranking all applications for loans
  148  under this paragraph. A loan application must include evidence
  149  of the first mortgagee’s having reviewed and approved the
  150  sponsor’s intent to apply for a loan. A nonprofit organization
  151  or sponsor may not use the proceeds of the loan to pay for
  152  administrative costs, routine maintenance, or new construction.
  153         Section 2. Paragraphs (a) and (b) of subsection (3) and
  154  subsections (4), (5), and (6) of section 420.622, Florida
  155  Statutes, are amended to read:
  156         420.622 State Office on Homelessness; Council on
  157  Homelessness.—
  158         (3) The State Office on Homelessness, pursuant to the
  159  policies set by the council and subject to the availability of
  160  funding, shall:
  161         (a) Coordinate among state, local, and private agencies and
  162  providers to produce a statewide consolidated inventory program
  163  and financial plan for the state’s entire system of homeless
  164  programs which incorporates regionally developed plans. Such
  165  programs include, but are not limited to:
  166         1. Programs authorized under the Stewart B. McKinney
  167  Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq.,
  168  and carried out under funds awarded to this state; and
  169         2. Programs, components thereof, or activities that assist
  170  persons who are homeless or at risk for homelessness.
  171         (b) Collect, maintain, and make available information
  172  concerning persons who are homeless or at risk for homelessness,
  173  including demographics information, current services and
  174  resources available, the cost and availability of services and
  175  programs, and the met and unmet needs of this population. All
  176  entities that receive state funding must provide access to all
  177  data they maintain in summary form, with no individual
  178  identifying information, to assist the council in providing this
  179  information. The State Office on Homelessness shall establish a
  180  task force to make recommendations regarding the implementation
  181  of a statewide Homeless Management Information System (HMIS).
  182  The task force shall define the conceptual framework of such a
  183  system; study existing statewide HMIS models; establish an
  184  inventory of local HMIS systems, including providers and license
  185  capacity; examine the aggregated reporting being provided by
  186  local continuums of care; complete an analysis of current
  187  continuum of care resources; and provide recommendations on the
  188  costs and benefits of implementing a statewide HMIS. The task
  189  force shall also make recommendations regarding the development
  190  of a statewide, centralized coordinated assessment system in
  191  conjunction with the implementation of a statewide HMIS. The
  192  task force findings must be reported to the Council on
  193  Homelessness no later than December 31, 2015. The council shall
  194  explore the potential of creating a statewide Management
  195  Information System (MIS), encouraging the future participation
  196  of any bodies that are receiving awards or grants from the
  197  state, if such a system were adopted, enacted, and accepted by
  198  the state.
  199         (4) The State Office on Homelessness, with the concurrence
  200  of the Council on Homelessness, shall may accept and administer
  201  moneys appropriated to it to provide annual “Challenge Grants”
  202  to lead agencies of homeless assistance continuums of care
  203  designated by the State Office on Homelessness pursuant to s.
  204  420.624. The department shall establish varying levels of grant
  205  awards up to $500,000 per lead agency. Award levels shall be
  206  based upon the total population within the continuum of care
  207  catchment area and reflect the differing degrees of homelessness
  208  in the catchment planning areas. The department, in consultation
  209  with the Council on Homelessness, shall specify a grant award
  210  level in the notice of the solicitation of grant applications.
  211         (a) To qualify for the grant, a lead agency must develop
  212  and implement a local homeless assistance continuum of care plan
  213  for its designated catchment area. The continuum of care plan
  214  must implement a coordinated assessment or central intake system
  215  to screen, assess, and refer persons seeking assistance to the
  216  appropriate service provider. The lead agency shall also
  217  document the commitment of local government and private
  218  organizations to provide matching funds or in-kind support in an
  219  amount equal to the grant requested. Expenditures of leveraged
  220  funds or resources, including third-party cash or in-kind
  221  contributions, are permitted only for eligible activities
  222  committed on one project which have not been used as leverage or
  223  match for any other project or program and must be certified
  224  through a written commitment.
  225         (b) Preference must be given to those lead agencies that
  226  have demonstrated the ability of their continuum of care to
  227  provide quality services to homeless persons and the ability to
  228  leverage federal homeless-assistance funding under the Stewart
  229  B. McKinney Act with local government and private funding for
  230  the provision of services to homeless persons.
  231         (c) Preference must be given to lead agencies in catchment
  232  areas with the greatest need for the provision of housing and
  233  services to the homeless, relative to the population of the
  234  catchment area.
  235         (d) The grant may be used to fund any of the housing,
  236  program, or service needs included in the local homeless
  237  assistance continuum of care plan. The lead agency may allocate
  238  the grant to programs, services, or housing providers that
  239  implement the local homeless assistance continuum care plan. The
  240  lead agency may provide subgrants to a local agency to implement
  241  programs or services or provide housing identified for funding
  242  in the lead agency’s application to the department. A lead
  243  agency may spend a maximum of 8 percent of its funding on
  244  administrative costs.
  245         (e) The lead agency shall submit a final report to the
  246  department documenting the outcomes achieved by the grant in
  247  enabling persons who are homeless to return to permanent housing
  248  thereby ending such person’s episode of homelessness.
  249         (5) The State Office on Homelessness, with the concurrence
  250  of the Council on Homelessness, may administer moneys
  251  appropriated to it to provide homeless housing assistance grants
  252  annually to lead agencies for local homeless assistance
  253  continuum of care, as recognized by the State Office on
  254  Homelessness, to acquire, construct, or rehabilitate
  255  transitional or permanent housing units for homeless persons.
  256  These moneys shall consist of any sums that the state may
  257  appropriate, as well as money received from donations, gifts,
  258  bequests, or otherwise from any public or private source, which
  259  are intended to acquire, construct, or rehabilitate transitional
  260  or permanent housing units for homeless persons.
  261         (a) Grant applicants shall be ranked competitively.
  262  Preference must be given to applicants who leverage additional
  263  private funds and public funds, particularly federal funds
  264  designated for the acquisition, construction, or rehabilitation
  265  of transitional or permanent housing for homeless persons; who
  266  acquire, build, or rehabilitate the greatest number of units; or
  267  and who acquire, build, or rehabilitate in catchment areas
  268  having the greatest need for housing for the homeless relative
  269  to the population of the catchment area.
  270         (b) Funding for any particular project may not exceed
  271  $750,000.
  272         (c) Projects must reserve, for a minimum of 10 years, the
  273  number of units acquired, constructed, or rehabilitated through
  274  homeless housing assistance grant funding to serve persons who
  275  are homeless at the time they assume tenancy.
  276         (d) No more than two grants may be awarded annually in any
  277  given local homeless assistance continuum of care catchment
  278  area.
  279         (e) A project may not be funded which is not included in
  280  the local homeless assistance continuum of care plan, as
  281  recognized by the State Office on Homelessness, for the
  282  catchment area in which the project is located.
  283         (f) The maximum percentage of funds that the State Office
  284  on Homelessness and each applicant may spend on administrative
  285  costs is 5 percent.
  286         (6) The State Office on Homelessness, in conjunction with
  287  the Council on Homelessness, shall establish performance
  288  measures and specific objectives by which it may to evaluate the
  289  effective performance and outcomes of lead agencies that receive
  290  grant funds. Any funding through the State Office on
  291  Homelessness shall be distributed to lead agencies based on
  292  their overall performance and their achievement of specified
  293  objectives. Each lead agency for which grants are made under
  294  this section shall provide the State Office on Homelessness a
  295  thorough evaluation of the effectiveness of the program in
  296  achieving its stated purpose. In evaluating the performance of
  297  the lead agencies, the State Office on Homelessness shall base
  298  its criteria upon the program objectives, goals, and priorities
  299  that were set forth by the lead agencies in their proposals for
  300  funding. Such criteria may include, but not be limited to, the
  301  number of persons or households that are no longer homeless, the
  302  rate of recidivism to homelessness, and the number of persons
  303  who obtain gainful employment homeless individuals provided
  304  shelter, food, counseling, and job training.
  305         Section 3. Subsections (3), (7), and (8) of section
  306  420.624, Florida Statutes, are amended to read:
  307         420.624 Local homeless assistance continuum of care.—
  308         (3) Communities or regions seeking to implement a local
  309  homeless assistance continuum of care are encouraged to develop
  310  and annually update a written plan that includes a vision for
  311  the continuum of care, an assessment of the supply of and demand
  312  for housing and services for the homeless population, and
  313  specific strategies and processes for providing the components
  314  of the continuum of care. The State Office on Homelessness, in
  315  conjunction with the Council on Homelessness, shall include in
  316  the plan a methodology for assessing performance and outcomes.
  317  The State Office on Homelessness shall supply a standardized
  318  format for written plans, including the reporting of data.
  319         (7) The components of a continuum of care plan should
  320  include:
  321         (a) Outreach, intake, and assessment procedures in order to
  322  identify the service and housing needs of an individual or
  323  family and to link them with appropriate housing, services,
  324  resources, and opportunities;
  325         (b) Emergency shelter, in order to provide a safe, decent
  326  alternative to living in the streets;
  327         (c) Transitional housing;
  328         (d) Supportive services, designed to assist with the
  329  development of the skills necessary to secure and retain
  330  permanent housing;
  331         (e) Permanent supportive housing;
  332         (f) Rapid ReHousing, as specified in s. 420.6265;
  333         (g)(f) Permanent housing;
  334         (h)(g) Linkages and referral mechanisms among all
  335  components to facilitate the movement of individuals and
  336  families toward permanent housing and self-sufficiency;
  337         (i)(h) Services and resources to prevent housed persons
  338  from becoming or returning to homelessness; and
  339         (j)(i) An ongoing planning mechanism to address the needs
  340  of all subgroups of the homeless population, including but not
  341  limited to:
  342         1. Single adult males;
  343         2. Single adult females;
  344         3. Families with children;
  345         4. Families with no children;
  346         5. Unaccompanied children and youth;
  347         6. Elderly persons;
  348         7. Persons with drug or alcohol addictions;
  349         8. Persons with mental illness;
  350         9. Persons with dual or multiple physical or mental
  351  disorders;
  352         10. Victims of domestic violence; and
  353         11. Persons living with HIV/AIDS.
  354         (8) Continuum of care plans must promote participation by
  355  all interested individuals and organizations and may not exclude
  356  individuals and organizations on the basis of race, color,
  357  national origin, sex, handicap, familial status, or religion.
  358  Faith-based organizations must be encouraged to participate. To
  359  the extent possible, these components shall should be
  360  coordinated and integrated with other mainstream health, social
  361  services, and employment programs for which homeless populations
  362  may be eligible, including Medicaid, State Children’s Health
  363  Insurance Program, Temporary Assistance for Needy Families, Food
  364  Assistance Program, and services funded through the Mental
  365  Health and Substance Abuse Block Grant, the Workforce Investment
  366  Act, and the welfare-to-work grant program.
  367         Section 4. Section 420.6265, Florida Statutes, is created
  368  to read:
  369         420.6265 Rapid ReHousing.—
  370         (1) LEGISLATIVE FINDINGS AND INTENT.—
  371         (a) The Legislature finds that Rapid ReHousing is a
  372  strategy of using temporary financial assistance and case
  373  management to quickly move an individual or family out of
  374  homelessness and into permanent housing.
  375         (b) The Legislature also finds that, for most of the past
  376  two decades, public and private solutions to homelessness have
  377  focused on providing individuals and families who are
  378  experiencing homelessness with emergency shelter, transitional
  379  housing, or a combination of both. While emergency shelter and
  380  transitional housing programs may provide critical access to
  381  services for individuals and families in crisis, they often fail
  382  to address their long-term needs.
  383         (c) The Legislature further finds that most households
  384  become homeless as a result of a financial crisis that prevents
  385  individuals and families from paying rent or a domestic conflict
  386  that results in one member being ejected or leaving without
  387  resources or a plan for housing.
  388         (d) The Legislature further finds that Rapid ReHousing is
  389  an alternative approach to the current system of emergency
  390  shelter or transitional housing which tends to reduce the length
  391  of time of homelessness and has proven to be cost effective.
  392         (e) It is therefore the intent of the Legislature to
  393  encourage homeless continuums of care to adopt the Rapid
  394  ReHousing approach to preventing homelessness for individuals
  395  and families who do not require the intense level of supports
  396  provided in the Permanent Supportive Housing model.
  397         (2) RAPID REHOUSING METHODOLOGY.—
  398         (a) The Rapid ReHousing approach to homelessness differs
  399  from traditional approaches to addressing homelessness by
  400  focusing on each individual’s or family’s barriers to returning
  401  to housing. By using this approach, communities can
  402  significantly reduce the amount of time that individuals and
  403  families are homeless and prevent further episodes of
  404  homelessness.
  405         (b) In Rapid ReHousing, an individual or family is
  406  identified as being homeless, temporary assistance is provided
  407  to allow the individual or family to obtain permanent housing as
  408  quickly as possible, and, if needed, assistance is provided to
  409  allow the individual or family to retain housing.
  410         (c) The objective of Rapid ReHousing is to provide
  411  assistance for as short a term as possible so that the
  412  individual or family receiving assistance does not develop a
  413  dependency on the assistance.
  414         Section 5. Subsections (25) and (26) of section 420.9071,
  415  Florida Statutes, are amended to read:
  416         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  417  term:
  418         (25) “Recaptured funds” means funds that are recouped by a
  419  county or eligible municipality in accordance with the recapture
  420  provisions of its local housing assistance plan pursuant to s.
  421  420.9075(5)(g) s. 420.9075(5)(h) from eligible persons or
  422  eligible sponsors, which funds were not used for assistance to
  423  an eligible household for an eligible activity, when there is a
  424  default on the terms of a grant award or loan award.
  425         (26) “Rent subsidies” means ongoing monthly rental
  426  assistance. The term does not include initial assistance to
  427  tenants, such as grants or loans for security and utility
  428  deposits.
  429         Section 6. Subsection (7) of section 420.9072, Florida
  430  Statutes, is amended, present subsections (8) and (9) of that
  431  section are redesignated as subsections (9) and (10),
  432  respectively, and a new subsection (8) is added to that section,
  433  to read:
  434         420.9072 State Housing Initiatives Partnership Program.—The
  435  State Housing Initiatives Partnership Program is created for the
  436  purpose of providing funds to counties and eligible
  437  municipalities as an incentive for the creation of local housing
  438  partnerships, to expand production of and preserve affordable
  439  housing, to further the housing element of the local government
  440  comprehensive plan specific to affordable housing, and to
  441  increase housing-related employment.
  442         (7) A county or an eligible municipality must expend its
  443  portion of the local housing distribution only to implement a
  444  local housing assistance plan or as provided in this subsection.
  445  A county or an eligible municipality may not expend its portion
  446  of the local housing distribution to provide rent subsidies;
  447  however, this does not prohibit the use of funds for security
  448  and utility deposit assistance.
  449         (8)A county or an eligible municipality may not expend its
  450  portion of the local housing distribution to provide ongoing
  451  rent subsidies, except for:
  452         (a)Security and utility deposit assistance.
  453         (b)Eviction prevention not to exceed 6 months’ rent.
  454         (c)A rent subsidy program for very-low-income households
  455  with at least one adult who is a person with special needs as
  456  defined in s. 420.0004 or homeless as defined in s. 420.621. The
  457  period of rental assistance may not exceed 24 months for any
  458  eligible household.
  459         Section 7. Present subsections (5) through (7) of section
  460  420.9073, Florida Statutes, are redesignated as subsections (6)
  461  through (8), and a new subsection (5) is added to that section,
  462  to read:
  463         420.9073 Local housing distributions.—
  464         (5) Notwithstanding subsections (1) through (4), the
  465  corporation shall first distribute 4 percent of the total amount
  466  to be distributed in a given fiscal year from the Local
  467  Government Housing Trust Fund to the Department of Children and
  468  Families and the Department of Economic Opportunity as follows:
  469         (a) The Department of Children and Families shall receive
  470  95 percent of such amount to provide operating funds and other
  471  support to the designated lead agency in each continuum of care
  472  for the benefit of the designated catchment area as described in
  473  s. 420.624.
  474         (b) The Department of Economic Opportunity shall receive 5
  475  percent of such amount to provide training and technical
  476  assistance to lead agencies receiving operating funds and other
  477  support under paragraph (a) in accordance with s. 420.606(3).
  478  Training and technical assistance funded by this distribution
  479  shall be provided by a nonprofit entity that meets the
  480  requirements of s. 420.531.
  481         Section 8. Paragraph (a) of subsection (2) of section
  482  420.9075, Florida Statutes, is amended, paragraph (f) is added
  483  to subsection (3), subsection (5) of that section is amended,
  484  and paragraph (i) is added to subsection (10) of that section,
  485  to read:
  486         420.9075 Local housing assistance plans; partnerships.—
  487         (2)(a) Each county and each eligible municipality
  488  participating in the State Housing Initiatives Partnership
  489  Program shall encourage the involvement of appropriate public
  490  sector and private sector entities as partners in order to
  491  combine resources to reduce housing costs for the targeted
  492  population. This partnership process should involve:
  493         1. Lending institutions.
  494         2. Housing builders and developers.
  495         3. Nonprofit and other community-based housing and service
  496  organizations.
  497         4. Providers of professional services relating to
  498  affordable housing.
  499         5. Advocates for low-income persons, including, but not
  500  limited to, homeless people, the elderly, and migrant
  501  farmworkers.
  502         6. Real estate professionals.
  503         7. Other persons or entities who can assist in providing
  504  housing or related support services.
  505         8. Lead agencies of local homeless assistance continuums of
  506  care.
  507         (3)
  508         (f) Each county and each eligible municipality is
  509  encouraged to develop a strategy within its local housing
  510  assistance plan which provides program funds for reducing
  511  homelessness.
  512         (5) The following criteria apply to awards made to eligible
  513  sponsors or eligible persons for the purpose of providing
  514  eligible housing:
  515         (a) At least 65 percent of the funds made available in each
  516  county and eligible municipality from the local housing
  517  distribution must be reserved for home ownership for eligible
  518  persons.
  519         (a)(b) At least 75 percent of the funds made available in
  520  each county and eligible municipality from the local housing
  521  distribution must be reserved for construction, rehabilitation,
  522  or emergency repair of affordable, eligible housing.
  523         (b)(c) Not more than 20 percent of the funds made available
  524  in each county and eligible municipality from the local housing
  525  distribution may be used for manufactured housing.
  526         (c)(d) The sales price or value of new or existing eligible
  527  housing may not exceed 90 percent of the average area purchase
  528  price in the statistical area in which the eligible housing is
  529  located. Such average area purchase price may be that calculated
  530  for any 12-month period beginning not earlier than the fourth
  531  calendar year prior to the year in which the award occurs or as
  532  otherwise established by the United States Department of the
  533  Treasury.
  534         (d)(e)1. All units constructed, rehabilitated, or otherwise
  535  assisted with the funds provided from the local housing
  536  assistance trust fund must be occupied by very-low-income
  537  persons, low-income persons, and moderate-income persons except
  538  as otherwise provided in this section.
  539         2. At least 30 percent of the funds deposited into the
  540  local housing assistance trust fund must be reserved for awards
  541  to very-low-income persons or eligible sponsors who will serve
  542  very-low-income persons and at least an additional 30 percent of
  543  the funds deposited into the local housing assistance trust fund
  544  must be reserved for awards to low-income persons or eligible
  545  sponsors who will serve low-income persons. This subparagraph
  546  does not apply to a county or an eligible municipality that
  547  includes, or has included within the previous 5 years, an area
  548  of critical state concern designated or ratified by the
  549  Legislature for which the Legislature has declared its intent to
  550  provide affordable housing. The exemption created by this act
  551  expires on July 1, 2013, and shall apply retroactively.
  552         (e)(f) Loans shall be provided for periods not exceeding 30
  553  years, except for deferred payment loans or loans that extend
  554  beyond 30 years which continue to serve eligible persons.
  555         (f)(g) Loans or grants for eligible rental housing
  556  constructed, rehabilitated, or otherwise assisted from the local
  557  housing assistance trust fund must be subject to recapture
  558  requirements as provided by the county or eligible municipality
  559  in its local housing assistance plan unless reserved for
  560  eligible persons for 15 years or the term of the assistance,
  561  whichever period is longer. Eligible sponsors that offer rental
  562  housing for sale before 15 years or that have remaining
  563  mortgages funded under this program must give a first right of
  564  refusal to eligible nonprofit organizations for purchase at the
  565  current market value for continued occupancy by eligible
  566  persons.
  567         (g)(h) Loans or grants for eligible owner-occupied housing
  568  constructed, rehabilitated, or otherwise assisted from proceeds
  569  provided from the local housing assistance trust fund shall be
  570  subject to recapture requirements as provided by the county or
  571  eligible municipality in its local housing assistance plan.
  572         (h)(i) The total amount of monthly mortgage payments or the
  573  amount of monthly rent charged by the eligible sponsor or her or
  574  his designee must be made affordable.
  575         (i)(j) The maximum sales price or value per unit and the
  576  maximum award per unit for eligible housing benefiting from
  577  awards made pursuant to this section must be established in the
  578  local housing assistance plan.
  579         (j)(k) The benefit of assistance provided through the State
  580  Housing Initiatives Partnership Program must accrue to eligible
  581  persons occupying eligible housing. This provision shall not be
  582  construed to prohibit use of the local housing distribution
  583  funds for a mixed income rental development.
  584         (k)(l) Funds from the local housing distribution not used
  585  to meet the criteria established in paragraph (a) or paragraph
  586  (b) or not used for the administration of a local housing
  587  assistance plan must be used for housing production and finance
  588  activities, including, but not limited to, financing
  589  preconstruction activities or the purchase of existing units,
  590  providing rental housing, and providing home ownership training
  591  to prospective home buyers and owners of homes assisted through
  592  the local housing assistance plan.
  593         1. Notwithstanding the provisions of paragraph paragraphs
  594  (a) and (b), program income as defined in s. 420.9071(24) may
  595  also be used to fund activities described in this paragraph.
  596         2. When preconstruction due-diligence activities conducted
  597  as part of a preservation strategy show that preservation of the
  598  units is not feasible and will not result in the production of
  599  an eligible unit, such costs shall be deemed a program expense
  600  rather than an administrative expense if such program expenses
  601  do not exceed 3 percent of the annual local housing
  602  distribution.
  603         3. If both an award under the local housing assistance plan
  604  and federal low-income housing tax credits are used to assist a
  605  project and there is a conflict between the criteria prescribed
  606  in this subsection and the requirements of s. 42 of the Internal
  607  Revenue Code of 1986, as amended, the county or eligible
  608  municipality may resolve the conflict by giving precedence to
  609  the requirements of s. 42 of the Internal Revenue Code of 1986,
  610  as amended, in lieu of following the criteria prescribed in this
  611  subsection with the exception of paragraph (d) paragraphs (a)
  612  and (e) of this subsection.
  613         4. Each county and each eligible municipality may award
  614  funds as a grant for construction, rehabilitation, or repair as
  615  part of disaster recovery or emergency repairs or to remedy
  616  accessibility or health and safety deficiencies. Any other
  617  grants must be approved as part of the local housing assistance
  618  plan.
  619         (10) Each county or eligible municipality shall submit to
  620  the corporation by September 15 of each year a report of its
  621  affordable housing programs and accomplishments through June 30
  622  immediately preceding submittal of the report. The report shall
  623  be certified as accurate and complete by the local government’s
  624  chief elected official or his or her designee. Transmittal of
  625  the annual report by a county’s or eligible municipality’s chief
  626  elected official, or his or her designee, certifies that the
  627  local housing incentive strategies, or, if applicable, the local
  628  housing incentive plan, have been implemented or are in the
  629  process of being implemented pursuant to the adopted schedule
  630  for implementation. The report must include, but is not limited
  631  to:
  632         (i) A description of efforts to reduce homelessness.
  633         Section 9. Section 420.9089, Florida Statutes, is created
  634  to read:
  635         420.9089 National Housing Trust Fund.—The Legislature finds
  636  that more funding for housing to assist the homeless is needed
  637  and encourages the state entity designated to administer funds
  638  made available to the state from the National Housing Trust Fund
  639  to propose an allocation plan that includes strategies to reduce
  640  homelessness in this state. These strategies to address
  641  homelessness shall be in addition to strategies under s.
  642  420.5087.
  643         Section 10. This act shall take effect July 1, 2015.
  644