CS/HB 597

1	A bill to be entitled
2	An act relating to homelessness; amending s. 420.507,
3	F.S.; conforming a cross-reference; amending s. 420.621,
4	F.S.; revising, providing, and deleting definitions;
5	amending s. 420.622, F.S.; increasing and revising
6	membership on the Council on Homelessness; removing a
7	member from an obsolete organization; correcting the name
8	of a member organization on the council; revising the date
9	of an annual report; creating s. 420.6275, F.S.; creating
10	the Housing First program; providing legislative findings
11	and intent; providing methodology; providing components of
12	the program; providing that local continuums of care that
13	adopt the program be given funding priority; creating s.
14	420.628, F.S.; providing legislative findings and intent
15	relating to young adults leaving foster care; amending s.
16	1003.01, F.S.; revising a definition; amending ss. 1003.21
17	and 1003.22, F.S.; conforming terminology; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Paragraph (a) of subsection (22) of section
23	420.507, Florida Statutes, is amended to read:
24	420.507  Powers of the corporation.--The corporation shall
25	have all the powers necessary or convenient to carry out and
26	effectuate the purposes and provisions of this part, including
27	the following powers which are in addition to all other powers
28	granted by other provisions of this part:
29	(22)  To develop and administer the State Apartment
30	Incentive Loan program. In developing and administering that
31	program, the corporation may:
32	(a)  Make first, second, and other subordinated mortgage
33	loans including variable or fixed rate loans subject to
34	contingent interest for all State Apartment Incentive Loans
35	provided for in this chapter based upon available cash flow of
36	the projects. The corporation shall make loans exceeding 25
37	percent of project cost available only to nonprofit
38	organizations and public bodies that which are able to secure
39	grants, donations of land, or contributions from other sources
40	and to projects meeting the criteria of subparagraph 1. Mortgage
41	loans shall be made available at the following rates of
42	interest:
43	1.  Zero to 3 percent interest for sponsors of projects
44	that set aside at least 80 percent of their total units for
45	residents qualifying as farmworkers as defined in this part, or
46	commercial fishing workers as defined in this part, or the
47	homeless as defined in s. 420.621 420.621(4) over the life of
48	the loan.
49	2.  Zero to 3 percent interest based on the pro rata share
50	of units set aside for homeless residents if the total of such
51	units is less than 80 percent of the units in the borrower's
52	project.
53	3.  One to 9 percent interest for sponsors of projects
54	targeted at populations other than farmworkers, commercial
55	fishing workers, or and the homeless.
56	Section 2.  Section 420.621, Florida Statutes, is amended
57	to read:
58	420.621  Definitions; ss. 420.621-420.627.--As used in ss.
59	420.621-420.628 420.621-420.627, the term following terms shall
60	have the following meanings, unless the context otherwise
61	requires:
62	(1)  "Continuum of care" means the community components
63	needed to organize and deliver housing and services to meet the
64	specific needs of people who are homeless as they move to stable
65	housing and maximum self-sufficiency. It includes action steps
66	to end homelessness and prevent a return to homelessness.
67	(2)  "Council on Homelessness" means the council created in
68	s. 420.622.
69	(1)  "AFDC" means Aid to Families with Dependent Children
70	as administered under chapter 409.
71	(3)(2)  "Department" means the Department of Children and
72	Family Services.
73	(4)(3)  "District" means a service district of the
74	department of Children and Family Services, as set forth in s.
75	20.19.
76	(5)(4)  "Homeless," applied to an individual, or
77	"individual experiencing homelessness" means "Homeless" refers
78	to an individual who lacks a fixed, regular, and adequate
79	nighttime residence and includes or an individual who has a
80	primary nighttime residence that is:
81	(a)  Is sharing the housing of other persons due to loss of
82	housing, economic hardship, or a similar reason;
83	(b)  Is living in a motel, hotel, travel trailer park, or
84	camping ground due to a lack of alternative adequate
85	accommodations;
86	(c)  Is living in an emergency or transitional shelter; A
87	supervised publicly or privately operated shelter designed to
88	provide temporary living accommodations, including welfare
89	hotels, congregate shelters, and transitional housing for the
90	mentally ill;
91	(b)  An institution that provides a temporary residence for
92	individuals intended to be institutionalized; or
93	(d)(c)  Has a primary nighttime residence that is a public
94	or private place not designed for, or ordinarily used as, a
95	regular sleeping accommodation for human beings;
96	(e)  Is living in a car, park, public space, abandoned
97	building, bus or train station, or similar setting; or
98	(f)  Is a migratory individual who qualifies as homeless
99	because he or she is living in circumstances described in
100	paragraphs (a)-(e).
101
102	The terms do term does not refer to an any individual imprisoned
103	or otherwise detained pursuant to state or federal law or to
104	individuals or families who are sharing housing due to cultural
105	preferences, voluntary arrangements, or traditional networks of
106	support. The terms include an individual who has been released
107	from jail, prison, the juvenile justice system, the child
108	welfare system, a mental health and developmental disability
109	facility, a residential addiction treatment program, or a
110	hospital, for whom no subsequent residence has been identified,
111	and who lacks the resources and support network to obtain
112	housing.
113	(6)(5)  "Local coalition for the homeless" means a
114	coalition established pursuant to s. 420.623.
115	(7)(6)  "New and temporary homeless" means those
116	individuals or families who are homeless due to societal
117	external factors, such as unemployment or other loss of income,
118	personal or family-life crises, or the shortage of low-income
119	housing.
120	(8)(7)  "State Office on Homelessness" means the state
121	office created in s. 420.622 "Secretary" means the secretary of
122	the Department of Children and Family Services.
123	Section 3.  Subsections (2) and (9) of section 420.622,
124	Florida Statutes, are amended to read:
125	420.622  State Office on Homelessness; Council on
126	Homelessness.--
127	(2)  The Council on Homelessness is created to consist of a
128	17-member 15-member council of public and private agency
129	representatives who shall develop policy and advise the State
130	Office on Homelessness. The council members shall be: the
131	Secretary of Children and Family Services, or his or her
132	designee; the Secretary of Community Affairs, or his or her
133	designee, to advise the council on issues related to rural
134	development; the State Surgeon General, or his or her designee;
135	the Executive Director of Veterans' Affairs, or his or her
136	designee; the Secretary of Corrections, or his or her designee;
137	the Secretary of Health Care Administration, or his or her
138	designee; the Commissioner of Education, or his or her designee;
139	the Director of Workforce Florida, Inc., or his or her designee;
140	one representative of the Florida Association of Counties; one
141	representative from the Florida League of Cities; one
142	representative of the Florida Coalition for Supportive Housing
143	Coalition; the Executive Director of the Florida Housing Finance
144	Corporation, or his or her designee; one representative of the
145	Florida Coalition for the Homeless; one representative of the
146	Florida State Rural Development Council; and four members
147	appointed by the Governor. The council members shall be
148	volunteer, nonpaid persons and shall be reimbursed for travel
149	expenses only. The appointed members of the council shall be
150	appointed to serve staggered 2-year terms, and the council shall
151	meet at least four times per year. The importance of minority,
152	gender, and geographic representation must be considered when
153	appointing members to the council.
154	(9)  The council shall, by June 30 December 31 of each
155	year, beginning in 2010, issue to the Governor, the President of
156	the Senate, the Speaker of the House of Representatives, and the
157	Secretary of Children and Family Services an evaluation of the
158	executive director's performance in fulfilling the statutory
159	duties of the office, a report summarizing the council's
160	recommendations to the office and the corresponding actions
161	taken by the office, and any recommendations to the Legislature
162	for proposals to reduce homelessness in this state.
163	Section 4.  Section 420.6275, Florida Statutes, is created
164	to read:
165	420.6275  Housing First.--
166	(1)  LEGISLATIVE FINDINGS AND INTENT.--
167	(a)  The Legislature finds that many communities plan to
168	manage homelessness rather than plan to end it.
169	(b)  The Legislature also finds that for most of the past
170	two decades, public and private solutions to homelessness have
171	focused on providing individuals and families who are
172	experiencing homelessness with emergency shelter, transitional
173	housing, or a combination of both. While emergency shelter
174	programs may provide critical access to services for individuals
175	and families in crisis, they often fail to address their long-
176	term needs.
177	(c)  The Legislature further finds that Housing First is an
178	alternative approach to the current system of emergency shelter
179	or transitional housing which tends to reduce the length of time
180	of homelessness and has proven to be cost-effective.
181	(d)  It is therefore the intent of the Legislature to
182	encourage homeless continuums of care to adopt the Housing First
183	approach to ending homelessness for individuals and families.
184	(2)  HOUSING FIRST METHODOLOGY.--
185	(a)  The Housing First approach to homelessness differs
186	from traditional approaches by providing housing assistance,
187	case management, and support services responsive to individual
188	or family needs after housing is obtained. By using this
189	approach when appropriate, communities can significantly reduce
190	the amount of time that individuals and families are homeless
191	and prevent further episodes of homelessness. Housing First
192	emphasizes that social services provided to enhance individual
193	and family well-being can be more effective when people are in
194	their own home, and:
195	1.  The housing is not time-limited.
196	2.  The housing is not contingent on compliance with
197	services. Instead, participants must comply with a standard
198	lease agreement and are provided with the services and support
199	that are necessary to help them do so successfully.
200	3.  A background check and any rehabilitation necessary to
201	combat an addiction related to alcoholism or substance abuse has
202	been completed by the individual for whom assistance or support
203	services are provided.
204	(b)  The Housing First approach addresses the societal
205	causes of homelessness and advocates for the immediate return of
206	individuals and families into housing and communities. Housing
207	First provides a critical link between the emergency and
208	transitional housing system and community-based social service,
209	educational, and health care organizations and consists of four
210	components:
211	1.  Crisis intervention and short-term stabilization.
212	2.  Screening, intake, and needs assessment.
213	3.  Provision of housing resources.
214	4.  Provision of case management.
215	Section 5.  Section 420.628, Florida Statutes, is created
216	to read:
217	420.628  Young adults leaving foster care; legislative
218	findings.--
219	(1)  The Legislature finds that the transition from
220	childhood to adulthood is filled with opportunity and risk. Most
221	young people who receive adequate support make this transition
222	successfully and become healthy adults who are prepared for work
223	and are able to become responsible, fulfilled members of their
224	families and communities.
225	(2)  The Legislature finds that there are also many young
226	people who enter adulthood without the knowledge, skills,
227	attitudes, habits, and relationships that enable them to be
228	productive members of society. Those young people who, through
229	no fault of their own, live in foster families, group homes, and
230	institutions are among those at greatest risk.
231	(3)  The Legislature finds that these young people face
232	numerous barriers to a successful transition to adulthood. Those
233	barriers include changes in foster care placements and schools,
234	limited opportunities for participation in age-appropriate
235	activities, and the inability to achieve economic stability,
236	make connections with permanent supportive adults or family, and
237	access housing. The main barriers to safe and affordable housing
238	for youth who leave foster care due to age are cost, lack of
239	availability, the unwillingness of many landlords to rent to
240	them, and their own lack of knowledge about how to be good
241	tenants.
242	(4)  The Legislature also finds that young adults who
243	emancipate from the child welfare system are at risk of becoming
244	homeless and those who were formerly in foster care are
245	disproportionately represented in the homeless population. Only
246	about two-fifths of eligible young people receive independent
247	living services and, of those who do, few receive adequate
248	housing assistance. Without the stability of safe housing, other
249	services, training, and opportunities may not be effective.
250	(5)  The Legislature further finds that research on young
251	people who emancipate from foster care suggests a nexus between
252	foster care involvement and later episodes of homelessness and
253	that interventions in the foster care system might help to
254	prevent homelessness. Responding to the needs of young people
255	leaving the foster care system with developmentally appropriate
256	supportive housing models organized in a continuum of decreasing
257	supervision may increase their ability to live independently.
258	(6)  It is therefore the intent of the Legislature to
259	encourage the Department of Children and Family Services, its
260	agents, and community-based care providers operating pursuant to
261	s. 409.1671 to develop and implement procedures designed to
262	reduce the number of young adults who become homeless after
263	leaving the child welfare system.
264	Section 6.  Subsection (12) of section 1003.01, Florida
265	Statutes, is amended to read:
266	1003.01  Definitions.--As used in this chapter, the term:
267	(12)  "Children and youths who are experiencing
268	homelessness," for programs authorized under subtitle B,
269	Education for Homeless Children and Youths, of Title VII of the
270	McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et
271	seq., means children and youths who lack a fixed, regular, and
272	adequate nighttime residence, and includes:
273	(a)  Children and youths who are sharing the housing of
274	other persons due to loss of housing, economic hardship, or a
275	similar reason; are living in motels, hotels, travel trailer
276	parks, or camping grounds due to the lack of alternative
277	adequate accommodations; are living in emergency or transitional
278	shelters; are abandoned in hospitals; or are awaiting foster
279	care placement.
280	(b)  Children and youths who have a primary nighttime
281	residence that is a public or private place not designed for or
282	ordinarily used as a regular sleeping accommodation for human
283	beings.
284	(c)  Children and youths who are living in cars, parks,
285	public spaces, abandoned buildings, bus or train stations, or
286	similar settings.
287	(d)  Migratory children who are living in circumstances
288	described in paragraphs (a)-(c). "Homeless child" means:
289	(a)  One who lacks a fixed, regular nighttime residence;
290	(b)  One who has a primary nighttime residence that is:
291	1.  A supervised publicly or privately operated shelter
292	designed to provide temporary living accommodations, including
293	welfare hotels, congregate shelters, and transitional housing
294	for the mentally ill;
295	2.  An institution that provides a temporary residence for
296	individuals intended to be institutionalized; or
297	3.  A public or private place not designed for, or
298	ordinarily used as, a regular sleeping accommodation for human
299	beings; or
300	(c)  One who temporarily resides with an adult other than
301	his or her parent because the parent is suffering financial
302	hardship.
303
304	A child who is imprisoned, detained, or in the custody of the
305	state pursuant to a state or federal law is not a homeless
306	child.
307	Section 7.  Paragraph (f) of subsection (1) and paragraph
308	(g) of subsection (4) of section 1003.21, Florida Statutes, are
309	amended to read:
310	1003.21  School attendance.--
311	(1)
312	(f)  Children and youths who are experiencing homelessness
313	Homeless children, as defined in s. 1003.01, must have access to
314	a free public education and must be admitted to school in the
315	school district in which they or their families live. School
316	districts shall assist such homeless children in meeting to meet
317	the requirements of subsection (4) and s. 1003.22, as well as
318	local requirements for documentation.
319	(4)  Before admitting a child to kindergarten, the
320	principal shall require evidence that the child has attained the
321	age at which he or she should be admitted in accordance with the
322	provisions of subparagraph (1)(a)2. The district school
323	superintendent may require evidence of the age of any child whom
324	he or she believes to be within the limits of compulsory
325	attendance as provided for by law. If the first prescribed
326	evidence is not available, the next evidence obtainable in the
327	order set forth below shall be accepted:
328	(g)  If none of these evidences can be produced, an
329	affidavit of age sworn to by the parent, accompanied by a
330	certificate of age signed by a public health officer or by a
331	public school physician, or, if neither of these are not is
332	available in the county, by a licensed practicing physician
333	designated by the district school board, which certificate
334	states that the health officer or physician has examined the
335	child and believes that the age as stated in the affidavit is
336	substantially correct. Children and youths who are experiencing
337	homelessness A homeless child, as defined in s. 1003.01, shall
338	be given temporary exemption from this section for 30 school
339	days.
340	Section 8.  Subsection (1) and paragraph (e) of subsection
341	(5) of section 1003.22, Florida Statutes, are amended to read:
342	1003.22  School-entry health examinations; immunization
343	against communicable diseases; exemptions; duties of Department
344	of Health.--
345	(1)  Each district school board and the governing authority
346	of each private school shall require that each child who is
347	entitled to admittance to kindergarten, or is entitled to any
348	other initial entrance into a public or private school in this
349	state, present a certification of a school-entry health
350	examination performed within 1 year before prior to enrollment
351	in school. Each district school board, and the governing
352	authority of each private school, may establish a policy that
353	permits a student up to 30 school days to present a
354	certification of a school-entry health examination. Children and
355	youths who are experiencing homelessness A homeless child, as
356	defined in s. 1003.01, shall be given a temporary exemption for
357	30 school days. Any district school board that establishes such
358	a policy shall include provisions in its local school health
359	services plan to assist students in obtaining the health
360	examinations. However, a any child shall be exempted exempt from
361	the requirement of a health examination upon written request of
362	the parent of the child stating objections to the examination on
363	religious grounds.
364	(5)  The provisions of this section shall not apply if:
365	(e)  An authorized school official issues a temporary
366	exemption, for up to a period not to exceed 30 school days, to
367	permit a student who transfers into a new county to attend class
368	until his or her records can be obtained. Children and youths
369	who are experiencing homelessness A homeless child, as defined
370	in s. 1003.01, shall be given a temporary exemption for 30
371	school days. The public school health nurse or authorized
372	private school official is responsible for followup of each such
373	student until proper documentation or immunizations are
374	obtained. An exemption for 30 days may be issued for a student
375	who enters a juvenile justice program to permit the student to
376	attend class until his or her records can be obtained or until
377	the immunizations can be obtained. An authorized juvenile
378	justice official is responsible for followup of each student who
379	enters a juvenile justice program until proper documentation or
380	immunizations are obtained.
381	Section 9.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.