Senate Bill sb0446c2

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    Florida Senate - 2001                     CS for CS for SB 446

    By the Committees on Children and Families; Comprehensive
    Planning, Local and Military Affairs; and Senators Constantine
    and Wasserman Schultz



    300-1524-01

  1                      A bill to be entitled

  2         An act relating to homelessness; amending s.

  3         228.041, F.S.; redefining the term "homeless

  4         child"; amending ss. 232.03, 232.0315, 232.032,

  5         F.S.; revising the deadline for submission of

  6         documents for school registration; amending s.

  7         420.5087, F.S.; relating to the State Apartment

  8         Incentive Loan Program; revising the

  9         requirements for qualifying to participate in

10         the program; adding the homeless to the list of

11         eligible tenant groups; amending s. 420.511,

12         F.S.; revising reporting requirements of the

13         Florida Housing Finance Corporation; amending

14         s. 420.609, F.S.; relating to the Affordable

15         Housing Study Commission; revising the

16         membership of the commission; requiring the

17         commission to analyze how to address the acute

18         need for housing for the homeless; amending s.

19         420.621, F.S.; redefining the term "homeless";

20         creating s. 420.622, F.S.; creating the State

21         Office on Homelessness within the Department of

22         Children and Family Services; authorizing the

23         Governor to appoint an executive director for

24         the State Office on Homelessness; creating the

25         Council on Homelessness; providing for council

26         membership; providing for council members to be

27         reimbursed for travel expenses; providing for

28         grants for homeless assistance continuums of

29         care; providing grants for homeless housing

30         assistance; prescribing duties and

31         responsibilities of the council; requiring an

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  1         annual report; amending s. 420.623, F.S.;

  2         revising the list of organizations that may

  3         participate in local homeless coalitions;

  4         revising the functions of local homeless

  5         coalitions; creating s. 420.624, F.S.;

  6         establishing guidelines for local homeless

  7         continuum of care; creating s. 420.626, F.S.;

  8         establishing guidelines for discharging persons

  9         at risk for homelessness from facilities

10         serving persons with mental illness or

11         substance abuse; amending s. 420.9075, F.S.;

12         expanding the list of partners that counties

13         and cities are encouraged to involve in

14         developing housing assistance plans; amending

15         s. 445.009, F.S.; revising regional workforce

16         boards' one-stop delivery system; requiring the

17         Office of Program, Policy Analysis, and

18         Government Accountability to report on

19         homelessness; dedicating December 21 as the

20         Homeless Persons' Memorial Day; providing an

21         appropriation for Challenge Grants; providing

22         an appropriation for positions in local

23         homeless coalitions; providing appropriations

24         for the Department of Children and Family

25         Services; providing an effective date.

26

27         WHEREAS, the Florida Homeless Study Commission has

28  revealed that homelessness has been steadily increasing for

29  several years and constitutes, especially for the mentally

30  ill, an archaic form of human misery that can no longer be

31

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  1  tolerated in this, the world's greatest and most responsive

  2  democracy, and

  3         WHEREAS, homelessness creates a sizable drain on social

  4  and economic resources and is a frustration to legitimate

  5  commerce and an obstacle to community development, and

  6         WHEREAS, prevention of future homelessness will pay

  7  great dividends to all Floridians that will justify the effort

  8  and costs of instituting a statewide plan to relieve

  9  homelessness, and

10         WHEREAS, health and social services, as well as welfare

11  institutions, are now faced with the urgent necessity of

12  creating new avenues of cooperation, coordination, and mutual

13  support, and there is a statewide need for new concentrations

14  of community outreach, and for active, aggressive, provision

15  of services, for the treatment and prevention of homelessness

16  and of mental illness among the homeless, and

17         WHEREAS, the Department of Children and Family Services

18  has concluded that Florida homeless persons number at least

19  57,400 at any given time, and fall into one or more of the

20  following categories: women and their children; the mentally

21  ill; military veterans; and drug or alcohol addicts, and

22         WHEREAS, the commission found the causes of

23  homelessness to be numerous and complex and therefore the cure

24  cannot be simplistic and cannot exclusively address any single

25  issue or causative factor, and

26         WHEREAS, due to the lack of resources, many local

27  governments throughout the State of Florida have not focused

28  on the obstacles that need to be overcome to solve the problem

29  of homelessness, and

30         WHEREAS, it is absolutely necessary that any

31  meaningful, comprehensive plan for the eradication or

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  1  significant reduction of homelessness be a partnership between

  2  the state and local governments to draw upon the "best

  3  practices" of local model practices to achieve a permanent,

  4  uniform, and integrated state strategy, NOW, THEREFORE,

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Subsection (35) of section 228.041, Florida

  9  Statutes, is amended to read:

10         228.041  Definitions.--Specific definitions shall be as

11  follows, and wherever such defined words or terms are used in

12  the Florida School Code, they shall be used as follows:

13         (35)  HOMELESS CHILD.--A homeless child is:

14         (a)  One who lacks a fixed, regular nighttime

15  residence.

16         (b)  One who has a primary nighttime residence that is:

17         1.  A supervised publicly or privately operated shelter

18  designed to provide temporary living accommodations, including

19  welfare hotels, congregate shelters, and transitional housing

20  for the mentally ill;

21         2.  An institution that provides a temporary residence

22  for individuals intended to be institutionalized; or

23         3.  A public or private place not designed for, or

24  ordinarily used as, a regular sleeping accommodation for human

25  beings.

26         (c)  One who temporarily resides with an adult other

27  than his or her parent or guardian because the parent or

28  guardian is suffering financial hardship.

29         (d)  Not one who is imprisoned, detained, or in the

30  custody of the state pursuant to a state or federal law. whose

31  primary nighttime residence is in a supervised publicly or

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  1  privately operated shelter for temporary accommodations or in

  2  a public or private place not designated for, or ordinarily

  3  used for, continuing human habitation.

  4         Section 2.  Subsection (7) of section 232.03, Florida

  5  Statutes, is amended to read:

  6         232.03  Evidence of date of birth required.--Before

  7  admitting a child to prekindergarten or kindergarten, the

  8  principal shall require evidence that the child has attained

  9  the age at which he or she should be admitted in accordance

10  with the provisions of s. 232.01.  The superintendent may

11  require evidence of the age of any child whom he or she

12  believes to be within the limits of compulsory attendance as

13  provided for by law.  If the first prescribed evidence is not

14  available, the next evidence obtainable in the order set forth

15  below shall be accepted:

16         (7)  If none of these evidences can be produced, an

17  affidavit of age sworn to by the parent, accompanied by a

18  certificate of age signed by a public health officer or by a

19  public school physician, or, if neither of these shall be

20  available in the county, by a licensed practicing physician

21  designated by the school board, which certificate shall state

22  that the health officer or physician has examined the child

23  and believes that the age as stated in the affidavit is

24  substantially correct. A homeless child, as defined in s.

25  228.041, shall be given temporary exemption from this section

26  for 30 school days.

27         Section 3.  Subsection (1) of section 232.0315, Florida

28  Statutes, is amended to read:

29         232.0315  School-entry health examinations.--

30         (1)  The school board of each district and the

31  governing authority of each nonpublic school shall require

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  1  that each child who is entitled to admittance to

  2  prekindergarten or kindergarten, or is entitled to any other

  3  initial entrance into a public or nonpublic school in this

  4  state, present a certification of a school-entry health

  5  examination performed within 1 year prior to enrollment in

  6  school. The school board of each district, and the governing

  7  authority of each nonpublic school, may establish a policy

  8  which permits a student up to 30 school days to present a

  9  certification of a school-entry health examination. A homeless

10  child, as defined in s. 228.041, shall be given a temporary

11  exemption for 30 school days. Any school board which

12  establishes such a policy shall include provisions in its

13  local school health services plan to assist students in

14  obtaining the health examinations. However, any child shall be

15  exempt from the requirement of a health examination upon

16  written request of the parent or guardian of such child

17  stating objections to such examination on religious grounds.

18         Section 4.  Paragraph (e) of subsection (3) of section

19  232.032, Florida Statutes, is amended to read:

20         232.032  Immunization against communicable diseases;

21  school attendance requirements; exemptions.--

22         (3)  The provisions of this section shall not apply if:

23         (e)  An authorized school official issues a temporary

24  exemption, for a period not to exceed 30 school days, to

25  permit a child who transfers into a new county to attend class

26  until his or her records can be obtained. A homeless child, as

27  defined in s. 228.041, shall be given a temporary exemption

28  for 30 school days. The public school health nurse or

29  authorized nonpublic school official is responsible for

30  followup of each such child until proper documentation or

31  immunizations are obtained. An exemption for 30 days may be

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  1  issued for a child who enters a juvenile justice program to

  2  permit the child to attend class until his or her records can

  3  be obtained or until the immunizations can be obtained. An

  4  authorized juvenile justice official is responsible for

  5  followup of each child who enters a juvenile justice program

  6  until proper documentation or immunizations are obtained.

  7         Section 5.  Subsection (3) of section 420.5087, Florida

  8  Statutes, is amended to read:

  9         420.5087  State Apartment Incentive Loan

10  Program.--There is hereby created the State Apartment

11  Incentive Loan Program for the purpose of providing first,

12  second, or other subordinated mortgage loans or loan

13  guarantees to sponsors, including for-profit, nonprofit, and

14  public entities, to provide housing affordable to

15  very-low-income persons.

16         (3)  During the first 6 months of loan or loan

17  guarantee availability, program funds shall be reserved for

18  use by sponsors who provide the housing set-aside required in

19  subsection (2) for tenants in the three tenant groups

20  designated in this subsection. The reservation of funds to

21  each of these groups shall be determined using the most recent

22  statewide very-low-income rental housing market study

23  available at the time of publication of each notice of fund

24  availability required by paragraph (6)(b). The reservation of

25  funds within each notice of fund availability to the three

26  tenant groups in paragraphs (a), (b), and (d) designated in

27  this subsection may not be less than 10 percent of the funds

28  available at that time. The reservation of funds within each

29  notice of fund availability to the tenant group in paragraph

30  (c) may not be less than 5 percent of the funds available at

31  that time. Any increase in funding required to reach the

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  1  10-percent minimum shall be taken from the tenant group that

  2  has the largest reservation. The three tenant groups are:

  3         (a)  Commercial fishing workers and farmworkers;

  4         (b)  Families; and

  5         (c)  Persons who are homeless; and

  6         (d)(c)1.  Elderly persons.

  7         2.  Ten percent of the amount reserved for the elderly

  8  pursuant to subparagraph 1. shall be reserved to provide loans

  9  to sponsors of housing for the elderly, as defined in s.

10  420.503, for the purpose of making building preservation,

11  health, or sanitation repairs or improvements which are

12  required by federal, state, or local regulation or code, or

13  lifesafety or security-related repairs or improvements to such

14  housing. Such a loan for a lifesafety, building preservation,

15  health, sanitation, or security-related repair or improvement

16  may not exceed $200,000 per housing community for the elderly.

17  In order to receive the loan, the sponsor of the housing

18  community for the elderly must make a commitment to match at

19  least 15 percent of the loan amount to pay the cost of such

20  repair or improvement.  The corporation shall establish the

21  rate of interest on the loan, which may not exceed 3 percent,

22  and the term of the loan, which may not exceed 15 years. The

23  term of the loan shall be established on the basis of a credit

24  analysis of the applicant. The corporation shall establish, by

25  rule, the procedure and criteria for receiving, evaluating,

26  and competitively ranking all applications for loans under

27  this paragraph subparagraph.  A loan application must include

28  evidence of the first mortgagee's having reviewed and approved

29  the sponsor's intent to apply for a loan.  A nonprofit

30  organization or sponsor may not use the proceeds of the a loan

31  received pursuant to this subparagraph to pay for

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  1  administrative costs, routine maintenance, or new

  2  construction.

  3         Section 6.  Paragraph (e) of subsection (3) of section

  4  420.511, Florida Statutes, is amended to read:

  5         420.511  Business plan; strategic plan; annual

  6  report.--

  7         (3)  The corporation shall submit to the Governor and

  8  the presiding officers of each house of the Legislature,

  9  within 2 months after the end of its fiscal year, a complete

10  and detailed report setting forth:

11         (e)  Information relating to the corporation's

12  activities in implementing the provisions of ss. 420.5087 and

13  420.5088.  The report required by this subsection shall

14  include, but not be limited to:

15         1.  The number of people served, delineated by income,

16  age, family size, and racial characteristics.

17         2.  The number of units produced under each program.

18         3.  The average cost of producing units under each

19  program.

20         4.  The average sales price of single-family units

21  financed under s. 420.5088.

22         5.  The average amount of rent charged based on unit

23  size on units financed under s. 420.5087.

24         6.  The number of persons in rural communities served

25  under each program.

26         7.  The number of farmworkers served under each

27  program.

28         8.  The number of homeless persons served under each

29  program.

30         9.8.  The number of elderly persons served under each

31  program.

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  1         10.9.  The extent to which geographic distribution has

  2  been achieved in accordance with the provisions of s.

  3  420.5087.

  4         11.10.  Any other information the corporation deems

  5  appropriate.

  6         Section 7.  Subsections (1) and (4) of section 420.609,

  7  Florida Statutes, are amended to read:

  8         420.609  Affordable Housing Study Commission.--Because

  9  the Legislature firmly supports affordable housing in Florida

10  for all economic classes:

11         (1)  There is hereby created the Affordable Housing

12  Study Commission, which shall be composed of 21 members to be

13  appointed by the Governor:

14         (a)  One citizen actively engaged in the residential

15  home building industry.

16         (b)  One citizen actively engaged in the home mortgage

17  lending profession.

18         (c)  One citizen actively engaged in the real estate

19  sales profession.

20         (d)  One citizen actively engaged in apartment

21  development.

22         (e)  One citizen actively engaged in the management and

23  operation of a rental housing development.

24         (f)  Two citizens who represent very-low-income and

25  low-income persons.

26         (g)  One citizen representing a community-based

27  organization with experience in housing development.

28         (h)  One citizen representing a community-based

29  organization with experience in housing development in a

30  community with a population of less than 50,000 persons.

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  1         (i)  Two citizens who represent elderly persons'

  2  housing interests.

  3         (j)  One representative of regional planning councils.

  4         (k)  One representative of the Florida League of

  5  Cities.

  6         (l)  One representative of the Florida Association of

  7  Counties.

  8         (m)  Two citizens representing statewide growth

  9  management organizations.

10         (n)  One citizen of the state to serve as chair of the

11  commission.

12         (o)  One citizen representing a residential community

13  developer.

14         (p)  One member Three members who is a resident are

15  residents of the state.

16         (q)  One representative from a local housing authority.

17         (r)  One citizen representing the housing interests of

18  homeless persons.

19         (4)  The commission shall analyze those solutions and

20  programs which could begin to address the state's acute need

21  for housing for the homeless; for very-low-income, low-income,

22  and moderate-income persons; and for elderly persons,

23  including programs or proposals which provide for:

24         (a)  Offering of low-interest and zero-interest loans

25  for the development or rehabilitation of housing;

26         (b)  Use of publicly owned lands and buildings as

27  affordable housing sites;

28         (c)  Coordination with federal initiatives, including

29  development of an approved housing strategy;

30

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  1         (d)  Streamlining of the various state, regional, and

  2  local regulations, and housing and building codes governing

  3  the housing industry;

  4         (e)  Stimulation of public and private cooperative

  5  housing efforts;

  6         (f)  Implementation or expansion of the programs

  7  authorized in this chapter;

  8         (g)  Discovery and assessment of sources of funding

  9  sources for low-cost housing construction and rehabilitation;

10  and

11         (h)  Development of such other solutions and programs

12  as the commission deems appropriate.

13

14  In performing its analysis, the commission shall consider both

15  homeownership and rental housing as viable options for the

16  provision of housing. The commission shall also give

17  consideration to various types of residential construction,

18  including but not limited to, manufactured housing.

19         Section 8.  Subsection (4) of section 420.621, Florida

20  Statutes, is amended to read:

21         420.621  Definitions; ss. 420.621-420.627.--As used in

22  ss. 420.621-420.627, the following terms shall have the

23  following meanings, unless the context otherwise requires:

24         (4)  "Homeless" refers to an individual who lacks a

25  fixed, regular, and adequate nighttime residence or an

26  individual who has a primary nighttime residence that is:

27         (a)  A supervised publicly or privately operated

28  shelter designed to provide temporary living accommodations,

29  including welfare hotels, congregate shelters, and

30  transitional housing for the mentally ill;

31

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  1         (b)  An institution that provides a temporary residence

  2  for individuals intended to be institutionalized; or

  3         (c)  A public or private place not designed for, or

  4  ordinarily used as, a regular sleeping accommodation for human

  5  beings.

  6

  7  The term does not refer to any individual imprisoned or

  8  otherwise detained pursuant to state or federal law. means

  9  having a nighttime residence:

10         (a)  In a public or private emergency shelter; such as,

11  an armory, school, church, government building or, where a

12  temporary voucher is provided by a public or private agency,

13  in a hotel, apartment, or boarding home.

14         (b)  On the streets or under a bridge or aqueduct, in a

15  park, subway, bus terminal, railroad station, airport,

16  abandoned building, or vehicle, or in any other public or

17  private space that is not designed for shelter.

18         Section 9.  Section 420.622, Florida Statutes, is

19  created to read:

20         420.622  State Office on Homelessness; Council on

21  Homelessness.--

22         (1)  The State Office on Homelessness is created as a

23  state unit housed for administrative purposes within the

24  Department of Children and Family Services. An executive

25  director of the office shall be appointed by the Governor,

26  with appropriate administrative oversight provided by the

27  Secretary of Children and Family Services, to provide

28  interagency, council, and other related coordination.

29         (2)  The Council on Homelessness is created to consist

30  of a 15-member council of public and private agency

31  representatives who shall develop and coordinate policy and

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  1  advise the State Office on Homelessness. The council members

  2  shall be: the Secretary of Children and Family Services, or

  3  his or her designee; the Secretary of Community Affairs, or

  4  his or her designee; the Secretary of Health, or his or her

  5  designee; the Executive Director of Veterans' Affairs, or his

  6  or her designee; the Secretary of Corrections, or his or her

  7  designee; the Director of Workforce Florida, Inc., or his or

  8  her designee; one representative of the Florida Association of

  9  Counties; one representative of the Florida Coalition for

10  Supportive Housing; the Executive Director of the Florida

11  Housing Finance Corporation, or his or her designee; one

12  representative of the Florida Coalition for the Homeless; one

13  representative of the Florida State Rural Development Council;

14  and four members appointed by the Governor. The council

15  members shall be volunteer, nonpaid persons and shall be

16  reimbursed for travel expenses only. The appointed members of

17  the council shall serve staggered 2-year terms, and the

18  council shall meet at least four times per year. The

19  importance of minority, gender, and geographic representation

20  must be considered when appointing members to the council.

21         (3)  The council shall:

22         (a)  Coordinate among state, local, and private

23  agencies and providers to produce a statewide consolidated

24  program and financial plan for the state's entire system of

25  homeless programs which incorporates regionally developed

26  plans. Such programs include, but are not limited to:

27         1.  Programs authorized under the Stewart B. McKinney

28  Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq,

29  and carried out under funds awarded to this state; and

30         2.  Programs, components thereof, or activities that

31  assist persons who are homeless or at-risk for homelessness.

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  1         (b)  Collect, maintain, and make available information

  2  concerning persons who are homeless or at-risk for

  3  homelessness, including demographics information, current

  4  services and resources available, the cost and availability of

  5  services and programs, and the met and unmet needs of this

  6  population. All entities that receive state funding must

  7  provide access to all data they maintain in summary form, with

  8  no individual identifying information, to assist the council

  9  in providing this information. The council shall explore the

10  potential of creating a statewide Management Information

11  System (MIS), encouraging the future participation of any

12  bodies that are receiving awards or grants from the state, if

13  such a system were adopted, enacted, and accepted by the

14  state.

15         (c)  Annually evaluate state and local services and

16  resources and develop a consolidated plan for addressing the

17  needs of the homeless or those at-risk for homelessness.

18         (d)  Explore, compile, and disseminate information

19  regarding public and private funding sources for state and

20  local programs serving the homeless and provide technical

21  assistance in applying for such funding.

22         (e)  Monitor and provide recommendations for

23  coordinating the activities and programs of local coalitions

24  for the homeless and promote the effectiveness of programs

25  addressing the needs of the homeless.

26         (f)  Provide technical assistance to facilitate efforts

27  to establish, maintain, and expand local homeless assistance

28  continuums of care.

29         (g)  Develop and assist in the coordination of policies

30  and procedures relating to the discharge or transfer from the

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  1  care or custody of state-supported or state-regulated entities

  2  persons who are homeless or at-risk for homelessness.

  3         (h)  Spearhead outreach efforts for maximizing access

  4  by people who are homeless or at-risk for homelessness to

  5  state and federal programs and resources.

  6         (i)  Promote a federal policy agenda responsive to the

  7  needs of the homeless population in this state.

  8         (j)  Develop outcome and accountability measures and

  9  promote and use such measures to evaluate program

10  effectiveness and make recommendations for improving current

11  practices in order to best meet the needs of the homeless.

12         (k)  Formulate policies and legislative proposals to

13  address more effectively the needs of the homeless and

14  coordinate the implementation of state and federal legislative

15  policies.

16         (l)  Convene meetings and workshops of state and local

17  agencies, local coalitions and programs, and other

18  stakeholders for the purpose of developing and reviewing

19  policies, services, activities, coordination, and funding of

20  efforts to meet the needs of the homeless.

21         (m)  Conduct or promote research on the effectiveness

22  of current programs and propose pilot projects aimed at

23  improving services.

24         (n)  Serve as an advocate for issues relating to

25  homelessness.

26         (o)  Investigate ways to improve access to

27  participation in state funding and other programs for

28  prevention and alleviation of homelessness to faith-based

29  organizations and collaborate and coordinate with faith-based

30  organizations.

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  1         (4)  Not less than 120 days after the effective date of

  2  this act, the State Office on Homelessness, with the

  3  concurrence of the Council on Homelessness, may accept and

  4  administer moneys appropriated to it to provide "Challenge

  5  Grants" annually to lead agencies for homeless assistance

  6  continuums of care designated by the State Office on

  7  Homelessness. A lead agency may be a local homeless coalition,

  8  municipal or county government, or other public agency or

  9  private, not-for-profit corporation. Such grants may be up to

10  $500,000 per lead agency.

11         (a)  To qualify for the grant, a lead agency must

12  develop and implement a local homeless assistance continuum of

13  care plan for its designated catchment area.

14         (b)  Preference must be given to those lead agencies

15  that have demonstrated the ability of their continuum of care

16  to provide quality services to homeless persons and the

17  ability to leverage federal homeless-assistance funding under

18  the Stewart B. McKinney Act and private funding for the

19  provision of services to homeless persons.

20         (c)  Preference must be given to lead agencies in

21  catchment areas with the greatest need for the provision of

22  housing and services to the homeless, relative to the

23  population of the catchment area.

24         (5)  The State Office on Homelessness, with the

25  concurrence of the Council on Homelessness, may administer

26  moneys appropriated to it to provide homeless housing

27  assistance grants annually to lead agencies for local homeless

28  assistance continuum of care, as recognized by the State

29  Office on Homelessness, to construct or rehabilitate

30  transitional or permanent housing units for homeless persons.

31  These moneys shall consist of any sums that the state may

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  1  appropriate, as well as money received from donations, gifts,

  2  bequests, or otherwise from any public or private source,

  3  which money is intended to construct or rehabilitate

  4  transitional or permanent housing units for homeless persons.

  5         (a)  Grant applicants shall be ranked competitively.

  6  Preference must be given to applicants who leverage additional

  7  private funds and public funds, particularly federal funds

  8  designated for the construction and rehabilitation of

  9  transitional or permanent housing for homeless persons, who

10  build or rehabilitate the greatest number of units, and who

11  build or rehabilitate in catchment areas having the greatest

12  need for housing for the homeless relative to the population

13  of the catchment area.

14         (b)  Funding for any particular project may not exceed

15  $750,000.

16         (c)  Projects must reserve, for a minimum of 10 years,

17  the number of units constructed or rehabilitated through

18  homeless housing assistance grant funding to serve persons who

19  are homeless at the time they assume tenancy.

20         (d)  No more than two grants may be awarded annually in

21  any given local homeless assistance continuum of care

22  catchment area.

23         (e)  A project may not be funded which is not included

24  in the local homeless assistance continuum of care plan, as

25  recognized by the State Office on Homelessness, for the

26  catchment area in which the project is located.

27         (f)  The maximum percentage of funds that the State

28  Office on Homelessness and each applicant may spend on

29  administrative costs is 5 percent.

30         (6)  The State Office on Homelessness shall establish

31  performance measures to evaluate the effective performance of

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  1  lead agencies that receive grant funds. Each lead agency for

  2  which grants are made under this section shall provide the

  3  State Office on Homelessness a thorough evaluation of the

  4  effectiveness of the program in achieving its stated purpose.

  5  In evaluating the performance of the lead agencies, the State

  6  Office on Homelessness shall base its criteria upon the

  7  program objectives, goals, and priorities that were set forth

  8  by the lead agencies in their proposals for funding. Such

  9  criteria may include, but not be limited to, number of

10  homeless individuals provided shelter, food, counseling, and

11  job training.

12         (7)  The State Office on Homelessness must monitor the

13  challenge grants and homeless housing assistance grants to

14  ensure proper expenditure of funds and compliance with the

15  conditions of the applicant's contract.

16         (8)  The Department of Children and Family Services,

17  with input from the Florida Housing Finance Corporation when

18  appropriate, must adopt rules relating to the challenge grants

19  and the homeless housing assistance grants and related issues

20  consistent with the purposes of this section.

21         (9)  The council and the Department of Children and

22  Family Services may contract with private entities for staff

23  services and the provision of the functions set out in

24  subsection (3).

25         (10)  The council shall, by December 31 of each year,

26  issue to the Governor, the President of the Senate, the

27  Speaker of the House of Representatives, and the Secretary of

28  Children and Family Services an evaluation of the executive

29  director's performance in fulfilling the statutory duties of

30  the council and a report summarizing the council's activities

31

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  1  and making recommendations for reducing homelessness in this

  2  state.

  3         Section 10.  Section 420.623, Florida Statutes, is

  4  amended to read:

  5         420.623  Local coalitions for the homeless.--

  6         (1)  ESTABLISHMENT.--The department shall establish in

  7  each of its service districts one or more local coalitions to

  8  plan, network, coordinate, and monitor oversee the delivery of

  9  services to the homeless in that district. Appropriate local

10  groups and organizations involved in providing services for

11  the homeless and interested business groups and associations

12  shall be given an opportunity to participate in such

13  coalitions, including, but not limited to:

14         (a)  Organizations and agencies providing mental health

15  and substance abuse treatment Community mental health centers.

16         (b)  County health departments and community health

17  centers.

18         (c)  Organizations and agencies providing food,

19  shelter, or other services targeted to the homeless.

20         (d)  Local law enforcement agencies.

21         (e)  Regional workforce boards Local offices of the

22  Department of Labor and Employment Security.

23         (f)  County and municipal governments.

24         (g)  Local public housing authorities.

25         (h)  Local school districts.

26         (i)  Local organizations and agencies serving specific

27  subgroups of the homeless population, including, but not

28  limited to, those serving veterans, victims of domestic

29  violence, person with HIV/AIDS, and runaway youth.

30         (j)  Local community-based care alliances.

31

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  1         (2)  FUNCTIONS OF LOCAL COALITIONS.--Major functions of

  2  the local coalitions are shall be to:

  3         (a)  Develop or assist with the development of the

  4  local homeless continuum of care plan, as described in s.

  5  420.624, for the catchment area containing the county or

  6  region served by the local homeless coalition. Unless

  7  otherwise specified in the plan or as a result of an agreement

  8  with another coalition in the same catchment area, the local

  9  coalition shall serve as the lead agency for the local

10  homeless assistance continuum of care.

11         (b)  Discuss local issues related to homelessness and

12  the needs of the homeless.

13         (c)(b)  Inventory all local resources for the homeless,

14  including, but not limited to, food assistance, clothing,

15  emergency shelter, low-cost housing, emergency medical care,

16  counseling, training, and employment.

17         (d)(c)  Review and assess all services and programs in

18  support of the homeless and identify unmet needs of the

19  homeless.

20         (e)(d)  Facilitate Plan for the delivery of multiagency

21  services for the homeless to eliminate duplication of services

22  and to maximize the use of limited existing resources for the

23  homeless.

24         (f)(e)  Develop new programs and services to fill

25  critical service gaps, if necessary, through reallocation of

26  existing resources for the homeless.

27         (g)(f)  Develop a community resource directory of

28  services available to the homeless for use by agencies,

29  volunteers, information and referral systems, and homeless

30  persons.

31

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  1         (h)(g)  Develop public education and outreach

  2  initiatives to make homeless persons aware of the services

  3  available to them through community agencies and

  4  organizations.

  5         (i)(h)  Identify and explore new approaches to shelter

  6  care for the homeless, such as the use of vacant publicly

  7  owned buildings, vacant beds in assisted living facilities,

  8  and vacant beds in foster homes, as resources for emergency

  9  shelter care for homeless persons.

10         (j)(i)  Monitor and evaluate local homeless initiatives

11  to assess their impact, to determine the adequacy of services

12  available through such initiatives, and to identify additional

13  unmet needs of homeless persons.

14         (k)(j)  Collect and compile information relating to the

15  homeless population served and report on a regular basis, but

16  at least annually, such information to the department, as

17  directed by the department.

18         (l)(k)  Develop an annual report detailing the

19  coalition's goals and activities local plan of action which

20  shall include:

21         1.  The description, documentation, and priority

22  ranking of local needs related to the problems of

23  homelessness.

24         2.  A plan outlining steps to be taken in meeting

25  identified needs.

26         (m)3.  Develop spending plans pursuant to the

27  grant-in-aid program created under s. 420.625. Spending plans

28  shall include a competitive ranking of applications from local

29  agencies eligible for funding pursuant to the provisions of s.

30  420.625.

31

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  1         (n)  Develop a strategy for increasing support and

  2  participation from local businesses in the coalition's

  3  programs and activities.

  4         (3)  DEPARTMENT GUIDELINES.--The department shall

  5  develop guidelines for coalition activities, coalition

  6  reports, and development of local plans of action.

  7         (4)  ANNUAL REPORTS.--The department shall submit to

  8  the Governor, the Speaker of the House of Representatives, and

  9  the President of the Senate, by June 30, beginning in 1989, an

10  annual report consisting of a compilation of data collected by

11  local coalitions, progress made in the development and

12  implementation of local homeless assistance continuums of care

13  plans in each district, local spending plans, programs and

14  resources available at the local level, and recommendations

15  for programs and funding.

16         Section 11.  Section 420.624, Florida Statutes, is

17  created to read:

18         420.624  Local homeless assistance continuum of care.--

19         (1)  A local homeless assistance continuum of care is a

20  framework for a comprehensive and seamless array of emergency,

21  transitional, and permanent housing, and services to address

22  the various needs of homeless persons and persons at-risk for

23  homelessness. The nature and configuration of housing and

24  services may be unique to each community or region, depending

25  on local needs, assets, and preferences.

26         (2)  The purpose of a local homeless assistance

27  continuum of care is to help communities or regions envision,

28  plan, and implement comprehensive and long-term solutions to

29  the problem of homelessness in a community or region. 

30         (3)  Communities or regions seeking to implement a

31  local homeless assistance continuum of care are encouraged to

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  1  develop and annually update a written plan that includes a

  2  vision for the continuum of care, an assessment of the supply

  3  of and demand for housing and services for the homeless

  4  population, and specific strategies and processes for

  5  providing the components of the continuum of care. The State

  6  Office on Homelessness shall supply a standardized format for

  7  written plans.

  8         (4)  Each local homeless assistance continuum of care

  9  plan must designate a lead agency that will serve as the point

10  of contact and accountability to the State Office on

11  Homelessness. The lead agency may be a local homeless

12  coalition, municipal or county government, or other public

13  agency or private, not-for-profit corporation.

14         (5)  Continuum of care catchment areas must be

15  designated and revised as necessary by the State Office on

16  Homelessness, with the input of local homeless coalitions and

17  public or private organizations that have previously certified

18  to the U.S. Department of Housing and Urban Development and

19  that currently serve as lead agencies for a local homeless

20  assistance continuum of care. Designated catchment areas must

21  not be overlapping. The designations must be consistent with

22  those made by the U.S. Department of Housing and Urban

23  Development in conjunction with the awarding of federal

24  Stewart B. McKinney Act homeless assistance funding.

25         (6)  The State Office on Homelessness shall recognize

26  only one homeless assistance continuum of care plan and its

27  designated lead agency for each designated catchment area. The

28  recognition must be made with the input of local homeless

29  coalitions and public or private organizations that have

30  previously certified to the U.S. Department of Housing and

31  Urban Development that they currently serve as lead agencies

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  1  for a local homeless assistance continuum of care. The

  2  designations must be consistent with those made by the U.S.

  3  Department of Housing and Development in conjunction with the

  4  awarding of federal Stewart B. McKinney homeless assistance

  5  funding.

  6         (7)  The components of a continuum of care should

  7  include:

  8         (a)  Outreach, intake, and assessment procedures in

  9  order to identify the service and housing needs of an

10  individual or family and to link them with appropriate

11  housing, services, resources and opportunities;

12         (b)  Emergency shelter, in order to provide a safe,

13  decent alternative to living in the streets;

14         (c)  Transitional housing;

15         (d)  Supportive services, designed to assist with the

16  development of the skills necessary to secure and retain

17  permanent housing;

18         (e)  Permanent supportive housing;

19         (f)  Permanent housing;

20         (g)  Linkages and referral mechanisms among all

21  components to facilitate the movement of individuals and

22  families toward permanent housing and self-sufficiency;

23         (h)  Services and resources to prevent housed persons

24  from becoming or returning to homelessness;

25         (i)  An ongoing planning mechanism to address the needs

26  of all subgroups of the homeless population, including but not

27  limited to:

28         1.  Single adult males;

29         2.  Single adult females;

30         3.  Families with children;

31         4.  Families with no children;

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  1         5.  Unaccompanied children and youth;

  2         6.  Elderly persons;

  3         7.  Persons with drug or alcohol addictions;

  4         8.  Person with mental illness;

  5         9.  Persons with dual or multiple disorders;

  6         10.  Victims of domestic violence; and

  7         11.  Persons living with HIV/AIDS.

  8         (7)  Continuum of care plans must promote participation

  9  by all interested individuals and organizations and may not

10  exclude individuals and organizations on the basis of race,

11  color, national origin, sex, handicap, familial status, or

12  religion. Faith-based organizations must be encouraged to

13  participate. To the extent possible, these components should

14  be coordinated and integrated with other mainstream health,

15  social services, and employment programs for which homeless

16  populations may be eligible, including Medicaid, State

17  Children's Health Insurance Program, Temporary Assistance for

18  Needy Families, Food Stamps, and services funded through the

19  Mental Health and Substance Abuse Block Grant, the Workforce

20  Investment Act, and the welfare-to-work grant program.

21         Section 12.  Section 420.626, Florida Statutes, is

22  created to read:

23         420.626  Homelessness; discharge guidelines for

24  facilities serving persons with mental illness or substance

25  abuse.--

26         (1)  It is the intent of the Legislature, to encourage

27  mental health facilities or institutions under contract with,

28  operated, licensed, or regulated by the state and local

29  governments to ensure that persons leaving their care or

30  custody are not discharged into homelessness.

31

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  1         (2)  The following facilities and institutions are

  2  encouraged to develop and implement procedures designed to

  3  reduce the discharge of persons into homelessness when such

  4  persons are admitted or housed for more than 24 hours at such

  5  facilities or institutions: hospitals and inpatient medical

  6  facilities; crisis stabilization units; residential treatment

  7  facilities; assisted living facilities; and detoxification

  8  centers.

  9         (3)  The procedures should include:

10         (a)  Development and implementation of a screening

11  process or other mechanism for identifying persons to be

12  discharged from the facility or institution who are at

13  considerable risk for homelessness or face some imminent

14  threat to health and safety upon discharge;

15         (b)  Development and implementation of a discharge plan

16  addressing how identified persons will secure housing and

17  other needed care and support upon discharge;

18         (c)  Assessment of the capabilities of the entities to

19  whom identified persons may potentially be discharged, and

20  selection of the entity determined to be best equipped to

21  provide or facilitate the provision of suitable care and

22  support;

23         (d)  Coordination of effort and sharing of information

24  with entities that are expected to bear the responsibility for

25  providing care or support to identified persons upon

26  discharge; and

27         (e)  Provision of sufficient medication, medical

28  equipment and supplies, clothing, transportation, and other

29  basic resources necessary to assure that the health and

30  well-being of identified persons are not jeopardized upon

31  their discharge.

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  1         Section 13.  Paragraph (a) of subsection (2) of section

  2  420.9075, Florida Statutes, is amended to read:

  3         420.9075  Local housing assistance plans;

  4  partnerships.--

  5         (2)(a)  Each county and each eligible municipality

  6  participating in the State Housing Initiatives Partnership

  7  Program shall encourage the involvement of appropriate public

  8  sector and private sector entities as partners in order to

  9  combine resources to reduce housing costs for the targeted

10  population. This partnership process should involve:

11         1.  Lending institutions.

12         2.  Housing builders and developers.

13         3.  Nonprofit and other community-based housing and

14  service organizations.

15         4.  Providers of professional services relating to

16  affordable housing.

17         5.  Advocates for low-income persons, including, but

18  not limited to, homeless people, the elderly, and migrant

19  farmworkers.

20         6.  Real estate professionals.

21         7.  Other persons or entities who can assist in

22  providing housing or related support services.

23         Section 14.  Present subsections (5), (6), (7), (8),

24  and (9) of section 445.009, Florida Statutes, are redesignated

25  as subsections (6), (7), (8), (9), and (10), respectively, and

26  new subsection (5) is added to that section to read:

27         445.009  One-stop delivery system.--

28         (5)  To the extent possible, regional workforce boards

29  shall include as partners in the local one-stop delivery

30  system entities that provide programs or activities designed

31  to meet the needs of homeless persons.

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  1         Section 15.  The Office of Program, Policy Analysis,

  2  and Government Accountability shall conduct a review of, and

  3  prepare a report concerning, the economic impact of

  4  homelessness on local and state agencies in the state. The

  5  report must recommend changes to state agency practices which

  6  simultaneously save taxpayer dollars and improve the quality

  7  of life for homeless persons in the state. The report must

  8  review practices of local governments, lead agencies, and

  9  other local entities, providing services to homeless persons,

10  and recommend strategies to better coordinate service

11  delivery. The report must also recommend strategies to access

12  federal funds for services to the homeless. The report must be

13  submitted by January 1, 2005, to the Governor, the President

14  of the Senate, and the Speaker of the House of

15  Representatives.

16         Section 16.  The Legislature designates December 21,

17  the first day of winter and the longest night of the year as a

18  Homeless Persons' Memorial Day to bring attention to the

19  tragedy of homelessness. The State Office on Homelessness,

20  local homeless coalitions, and local governments are

21  encouraged to sponsor events to promote awareness of the

22  plight of the homeless and identify actions that individuals

23  and organizations can take to address the problem of

24  homelessness.

25         Section 17.  (1)  The sum of $3 million is appropriated

26  to the State Office on Homelessness, Department of Children

27  and Family Services, from the General Revenue Fund for fiscal

28  year 2001-2002 to fund "Challenge Grants" created in section

29  420.622, Florida Statutes, and to fund administrative costs

30  incurred by the State Office on Homelessness and the Council

31  on Homelessness.

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  1         (2)  The sum of $625,000 is appropriated to the

  2  grant-in-aid program specified in section 420.625, Florida

  3  Statutes, within the Department of Children and Family

  4  Services from the General Revenue Fund for fiscal year

  5  2001-2002 to fund one position in each of the 25 homeless

  6  coalitions in Florida. Each coalition may receive up to

  7  $25,000.

  8         (3)  The sum of $197,668 is appropriated to the

  9  grant-in-aid program specified in section 420.625, Florida

10  Statutes, within the Department of Children and Family

11  Services from the General Revenue Fund for fiscal year

12  2001-2002 to fund an increase in its annual appropriation.

13         (4)  The sum of $5 million is transferred from the

14  Local Housing Assistance Trust Fund of the Florida Housing

15  Finance Corporation to the State Office on Homelessness within

16  the Department of Children and Family Services to fund

17  Homeless Housing Assistance grants.

18         Section 18.  This act shall take effect July 1, 2001.

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                            CS/SB 446

22

23  Eliminates a reference to the "districts" in which the local
    coalitions for the homeless operate to provide consistency
24  with the bill's removal of the requirement to establish
    coalitions in each Department of Children and Family Services'
25  district.

26  Clarifies the purpose of the discharge guidelines as reducing
    those persons discharged into homelessness instead of reducing
27  the discharge of persons housed more than 24 hours.

28  Eliminates statutory references to the specific programs that
    the Council on Homelessness must coordinate.
29

30

31

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