Florida Senate - 2015 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1500
Ì723600hÎ723600
576-04098-15
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Transportation, Tourism, and
Economic Development)
1 A bill to be entitled
2 An act relating to housing assistance; amending s.
3 420.5087, F.S.; revising the reservation of funds
4 within each notice of fund availability to specified
5 tenant groups; creating s. 420.57, F.S.; providing
6 legislative intent; defining terms; authorizing the
7 Florida Housing Finance Corporation to provide loans
8 to a qualified developer for construction or
9 rehabilitation of workforce housing in the Florida
10 Keys area of critical state concern, subject to
11 certain requirements; requiring the corporation to
12 establish a loan application process by rule;
13 requiring the corporation to select the credit
14 underwriter for each project; specifying criteria for
15 projects that will be provided priority consideration
16 for funding; requiring that the processing of
17 approvals of development orders or development permits
18 for workforce housing projects be expedited; requiring
19 the corporation to award loans with interest rates set
20 at a specified range; requiring projects to be deed
21 restricted for a specified period of time; specifying
22 requirements for eligible applications; exempting
23 eligible projects from local rate of growth
24 ordinances; authorizing the corporation to adopt rules
25 subject to certain requirements and restrictions;
26 authorizing the corporation to use a certain percent
27 of the annual program appropriation for administration
28 and compliance monitoring; amending s. 420.622, F.S.;
29 requiring that the State Office on Homelessness
30 coordinate among certain agencies and providers to
31 produce a statewide consolidated inventory for the
32 state’s entire system of homeless programs which
33 incorporates regionally developed plans; directing the
34 State Office on Homelessness to create a task force to
35 make recommendations regarding the implementation of a
36 statewide Homeless Management Information System
37 (HMIS) subject to certain requirements; requiring the
38 task force to include in its recommendations the
39 development of a statewide, centralized coordinated
40 assessment system; requiring the task force to submit
41 a report to the Council on Homelessness by a specified
42 date; deleting the requirement that the Council on
43 Homelessness explore the potential of creating a
44 statewide Management Information System and encourage
45 future participation of certain award or grant
46 recipients; requiring the State Office on Homelessness
47 to accept and administer moneys appropriated to it to
48 provide annual Challenge Grants to certain lead
49 agencies of homeless assistance continuums of care;
50 removing the requirement that levels of grant awards
51 be based upon the total population within the
52 continuum of care catchment area and reflect the
53 differing degrees of homelessness in the respective
54 areas; allowing expenditures of leveraged funds or
55 resources only for eligible activities subject to
56 certain requirements; providing that preference for a
57 grant award must be given to those lead agencies that
58 have demonstrated the ability to leverage specified
59 federal homeless-assistance funding, as well as
60 private funding, for the provision of services to
61 homeless persons; revising preference conditions
62 relating to grant applicants; requiring the State
63 Office on Homelessness, in conjunction with the
64 Council on Homelessness, to establish specific
65 objectives by which it may evaluate the outcomes of
66 certain lead agencies; requiring that any funding
67 through the State Office on Homelessness be
68 distributed to lead agencies based on their
69 performance and achievement of specified objectives;
70 revising the factors that may be included as criteria
71 for evaluating the performance of lead agencies;
72 amending s. 420.624, F.S.; revising requirements for
73 the local homeless assistance continuum of care plan;
74 providing that the components of a continuum of care
75 plan should include Rapid ReHousing; requiring that
76 specified components of a continuum of care plan be
77 coordinated and integrated with other specified
78 services and programs; creating s. 420.6265, F.S.;
79 providing legislative findings and intent relating to
80 Rapid ReHousing; providing a Rapid ReHousing
81 methodology; amending s. 420.9071, F.S.; redefining
82 the term “rent subsidies”; conforming a provision to
83 changes made by the act; amending s. 420.9072, F.S.;
84 prohibiting a county or an eligible municipality from
85 expending its portion of the local housing
86 distribution to provide ongoing rent subsidies;
87 specifying exceptions; amending s. 420.9073, F.S.;
88 requiring the Florida Housing Finance Corporation to
89 first distribute a certain percentage of the total
90 amount to be distributed each fiscal year from the
91 Local Government Housing Trust Fund to the Department
92 of Children and Families and to the Department of
93 Economic Opportunity, respectively, subject to certain
94 requirements; amending s. 420.9075, F.S.; providing
95 that a certain partnership process of the State
96 Housing Initiatives Partnership Program should involve
97 lead agencies of local homeless assistance continuums
98 of care; encouraging counties and eligible
99 municipalities to develop a strategy within their
100 local housing assistance plans which provides program
101 funds for reducing homelessness; revising the criteria
102 that apply to awards made to sponsors or persons for
103 the purpose of providing housing; requiring that a
104 specified report submitted by counties and
105 municipalities include a description of efforts to
106 reduce homelessness; creating s. 420.9089, F.S.;
107 providing legislative findings and intent; amending s.
108 421.04, F.S.; prohibiting a housing authority from
109 applying to the Federal Government to seize projects,
110 units, or vouchers of another established housing
111 authority; amending s. 421.05, F.S.; exempting
112 authorities from s. 215.425, F.S.; amending s.
113 421.091, F.S.; requiring a full financial accounting
114 and audit of public housing agencies to be submitted
115 to the Federal Government pursuant to certain
116 requirements; exempting housing authorities from
117 specified reporting requirements; creating s. 421.281,
118 F.S.; creating consolidated housing authorities
119 subject to certain requirements and restrictions;
120 specifying the area of operation of a consolidated
121 housing authority; providing for the appointment of
122 commissioners subject to certain requirements and
123 restrictions; providing that a majority of the
124 commissioners constitutes a quorum; specifying the
125 powers and duties of a consolidated housing authority
126 and the commissioners thereof; amending s. 421.32,
127 F.S.; conforming provisions to changes made by the
128 act; conforming a cross-reference; amending ss.
129 421.321 and s. 421.33, F.S.; conforming provisions to
130 changes made by the act; providing an effective date.
131
132 Be It Enacted by the Legislature of the State of Florida:
133
134 Section 1. Subsection (3) of section 420.5087, Florida
135 Statutes, is amended to read:
136 420.5087 State Apartment Incentive Loan Program.—There is
137 hereby created the State Apartment Incentive Loan Program for
138 the purpose of providing first, second, or other subordinated
139 mortgage loans or loan guarantees to sponsors, including for
140 profit, nonprofit, and public entities, to provide housing
141 affordable to very-low-income persons.
142 (3) During the first 6 months of loan or loan guarantee
143 availability, program funds shall be reserved for use by
144 sponsors who provide the housing set-aside required in
145 subsection (2) for the tenant groups designated in this
146 subsection. The reservation of funds to each of these groups
147 shall be determined using the most recent statewide very-low
148 income rental housing market study available at the time of
149 publication of each notice of fund availability required by
150 paragraph (6)(b). The reservation of funds within each notice of
151 fund availability to the tenant groups in paragraphs (b)-(e)
152 (a), (b), and (e) may not be less than 10 percent of the funds
153 available at that time. Any increase in funding required to
154 reach the 10-percent minimum must be taken from the tenant group
155 that has the largest reservation. The reservation of funds
156 within each notice of fund availability to the tenant group in
157 paragraph (a) (c) may not be less than 5 percent of the funds
158 available at that time. The reservation of funds within each
159 notice of fund availability to the tenant group in paragraph (d)
160 may not be more than 10 percent of the funds available at that
161 time. The tenant groups are:
162 (a) Commercial fishing workers and farmworkers;
163 (b) Families;
164 (c) Persons who are homeless;
165 (d) Persons with special needs; and
166 (e) Elderly persons. Ten percent of the amount reserved for
167 the elderly shall be reserved to provide loans to sponsors of
168 housing for the elderly for the purpose of making building
169 preservation, health, or sanitation repairs or improvements
170 which are required by federal, state, or local regulation or
171 code, or lifesafety or security-related repairs or improvements
172 to such housing. Such a loan may not exceed $750,000 per housing
173 community for the elderly. In order to receive the loan, the
174 sponsor of the housing community must make a commitment to match
175 at least 5 percent of the loan amount to pay the cost of such
176 repair or improvement. The corporation shall establish the rate
177 of interest on the loan, which may not exceed 3 percent, and the
178 term of the loan, which may not exceed 15 years; however, if the
179 lien of the corporation’s encumbrance is subordinate to the lien
180 of another mortgagee, then the term may be made coterminous with
181 the longest term of the superior lien. The term of the loan
182 shall be based on a credit analysis of the applicant. The
183 corporation may forgive indebtedness for a share of the loan
184 attributable to the units in a project reserved for extremely
185 low-income elderly by nonprofit organizations, as defined in s.
186 420.0004(5), where the project has provided affordable housing
187 to the elderly for 15 years or more. The corporation shall
188 establish, by rule, the procedure and criteria for receiving,
189 evaluating, and competitively ranking all applications for loans
190 under this paragraph. A loan application must include evidence
191 of the first mortgagee’s having reviewed and approved the
192 sponsor’s intent to apply for a loan. A nonprofit organization
193 or sponsor may not use the proceeds of the loan to pay for
194 administrative costs, routine maintenance, or new construction.
195 Section 2. Section 420.57, Florida Statutes, is created to
196 read:
197 420.57 Affordable Housing; the Florida Keys.—
198 (1) The requirements herein provide incentives and
199 authorize a process for leveraging resources to provide
200 affordable rental and home ownership opportunities for essential
201 services personnel in the Florida Keys who are affected by the
202 area’s uniquely high housing costs.
203 (2) For purposes of this section, the term:
204 (a) “Essential services personnel” means persons in need of
205 affordable housing who are employed in occupations or
206 professions in which they are considered essential services
207 personnel, including, but not limited to, teachers and
208 educators, other school district, community college and
209 university employees, police and fire personnel, health care
210 personnel, skilled building trades personnel, and other public
211 or private job categories and who derive at least 70 percent of
212 their income from employment in the Florida Keys area of
213 critical state concern.
214 (b) “Innovative project” means those projects that
215 incorporate one or more of the following design features: green
216 building principles, alternative energy and water sources,
217 storm-resistant construction, or other elements that reduce the
218 long-term costs relating to maintenance, utilities, and
219 insurance. The term applies to new construction or
220 rehabilitation of an existing structure.
221 (c) “Project” means, for purposes of an application, the
222 construction or rehabilitation of workforce housing by a
223 qualified developer which includes a single site or scattered
224 sites within the Florida Keys area of critical state concern. A
225 scattered site is a project developed on noncontiguous parcels
226 or parcels divided by a street or easement in which the
227 qualified developer has a leasehold interest or demonstrates
228 ownership or control of all of the parcels. The sites could be
229 located in different parts of the county, regardless of the
230 number of building permits required.
231 (d) “Public-private partnership” means a partnership that
232 includes substantial involvement of at least one county, one
233 municipality, or one public sector entity, such as a school
234 district or other unit of local government, in which a project
235 is to be located, and at least one private sector for-profit or
236 not-for-profit business or charitable organization, including a
237 joint venture or other business entity.
238 (e) “Qualified developer” means a private person or entity
239 that undertakes a development activity and demonstrates it has
240 adequate financial resources to provide the necessary guarantees
241 for the underwriting of the project for which it makes
242 application. The term does not include a governmental agency
243 that undertakes a development project.
244 (f) “Workforce housing” means multifamily or single-family
245 rental housing affordable to natural persons or families whose
246 total annual household income for rental units does not exceed
247 120 percent of the annual area median income (AMI) for Monroe
248 County, as determined by the United States Department of Housing
249 and Urban Development (HUD), and for home ownership, 160 percent
250 of the annual AMI for Monroe County as determined by HUD.
251 (3) The Florida Housing Finance Corporation, hereinafter
252 referred to as the “corporation,” may provide loans to a
253 qualified developer for construction or rehabilitation of
254 workforce housing in the Florida Keys area of critical state
255 concern. Any eligible project shall qualify for a low-interest
256 loan of up to 50 percent of the total project cost, including
257 land, based on a minimum loan amount of $1 million. This funding
258 is intended to be used with other public and private sector
259 resources.
260 (4) The corporation shall establish a loan application
261 process by rule which includes selection criteria, an expedited
262 application review process, and a funding process, and shall
263 select the credit underwriter for each project.
264 (a) The selection criteria and application review process
265 must include a procedure for curing errors in the loan
266 applications which do not make a substantial change to the
267 proposed project.
268 (b) The staff of the corporation shall make recommendations
269 concerning program participation and funding to the
270 corporation’s board of directors and may accept any application
271 that meets all threshold requirements. Applications shall be
272 limited to one submission per project.
273 (c) The corporation board of directors shall approve or
274 reject loan applications, determine the tentative loan amount
275 available to each applicant, and rank all approved applications.
276 (d) The corporation board of directors shall decide which
277 approved applicants will become program participants and
278 determine the maximum loan amount for each project. Awards may
279 be made to one or more applicants. The board of directors
280 annually shall fund at least one eligible project, consistent
281 with this program’s goals.
282 (e) Requests for proposals or applications shall be made by
283 the corporation no less than annually and shall begin as soon as
284 possible after the beginning of the new fiscal year. Applicants
285 shall be given no more than a 2-month response time. The
286 corporation shall conclude its evaluation and award or approve
287 an application no later than 9 months after the start of the
288 state’s fiscal year. Notwithstanding this paragraph, the
289 corporation may expedite the time frames associated with a
290 review process, provided the expedited review allows for
291 responses to requests for proposal, sufficient project
292 evaluation, and award of a project.
293 (5) Priority consideration for funding will be provided for
294 projects that:
295 (a) Set aside the highest percent of units for workforce
296 housing.
297 (b) Require the least amount of program funding compared to
298 the overall housing cost of the project.
299 (c) Are consistent with the workforce housing objectives
300 and strategies set forth in the local comprehensive plan or land
301 development regulations.
302 (d) Are innovative projects.
303 (6) The processing of approvals of development orders or
304 development permits, as defined in s. 163.3164, for workforce
305 housing projects under this program shall be expedited.
306 (7) The corporation shall award loans with interest rates
307 set at 1 to 3 percent, which shall be made forgivable when long
308 term affordability is provided and guaranteed and when 100
309 percent of the units are set aside for workforce housing for
310 essential services personnel. Projects shall be deed restricted
311 for 99 years to remain compliant with the definition of
312 affordable housing in the Monroe County, Florida Land
313 Development Code, section 101-1.
314 (8) All eligible applications must demonstrate the
315 following:
316 (a) For workforce housing units offered for sale to
317 essential services personnel, the sale or resale will be limited
318 for a detached unit, townhouse, or condominium unit to not more
319 than 3.75 times the AMI for studio or one bedroom units; not
320 more than 4.25 times AMI for two bedroom units; and not more
321 than 4.75 times AMI for three or more bedroom units, and require
322 that all eligible purchasers occupy the homes as their primary
323 residence. Such residences may not be used for tourist housing
324 or vacation rentals.
325 (b) For rental units of workforce housing serving essential
326 services personnel, the monthly rent will be limited to not more
327 than 30 percent of the amount that represents 120 percent of the
328 monthly AMI for Monroe County. Such residences may not be used
329 for tourist housing or vacation rentals.
330 (c) The applicant is a public-private partnership as
331 established in an contract, partnership agreement, memorandum of
332 understanding, or other written instrument signed by all the
333 project partners.
334 (d) Any combination of grants, donations of land, or
335 contributions from the public-private partnership or other
336 sources must total at least 10 percent of the project
337 development cost. Such grants, donations of land, or
338 contributions must be evidenced by a letter of commitment,
339 agreement, contract, deed, memorandum of understanding, or other
340 written instrument at the time of application.
341 (e) The applicant must have title to or site control of the
342 land and evidence of required infrastructure.
343 (f) The applicant must have adequate financial resources to
344 provide the necessary guarantees for the underwriting of a
345 project.
346 (9) Eligible projects that may be otherwise subject to a
347 local rate of growth ordinance are exempt from such ordinances.
348 (10) The corporation may adopt only those rules as
349 necessary to implement this section and ensure proper
350 administration of the program, consistent with the requirements
351 of s. 120.536(1) and s. 120.54. The corporation may use a
352 maximum of 2 percent of the annual program appropriation for
353 administration and compliance monitoring.
354 Section 3. Paragraphs (a) and (b) of subsection (3) and
355 subsections (4), (5), and (6) of section 420.622, Florida
356 Statutes, are amended to read:
357 420.622 State Office on Homelessness; Council on
358 Homelessness.—
359 (3) The State Office on Homelessness, pursuant to the
360 policies set by the council and subject to the availability of
361 funding, shall:
362 (a) Coordinate among state, local, and private agencies and
363 providers to produce a statewide consolidated inventory program
364 and financial plan for the state’s entire system of homeless
365 programs which incorporates regionally developed plans. Such
366 programs include, but are not limited to:
367 1. Programs authorized under the Stewart B. McKinney
368 Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq.,
369 and carried out under funds awarded to this state; and
370 2. Programs, components thereof, or activities that assist
371 persons who are homeless or at risk for homelessness.
372 (b) Collect, maintain, and make available information
373 concerning persons who are homeless or at risk for homelessness,
374 including demographics information, current services and
375 resources available, the cost and availability of services and
376 programs, and the met and unmet needs of this population. All
377 entities that receive state funding must provide access to all
378 data they maintain in summary form, with no individual
379 identifying information, to assist the council in providing this
380 information. The State Office on Homelessness shall establish a
381 task force to make recommendations regarding the implementation
382 of a statewide Homeless Management Information System (HMIS).
383 The task force shall define the conceptual framework of such a
384 system; study existing statewide HMIS models; establish an
385 inventory of local HMIS systems, including providers and license
386 capacity; examine the aggregated reporting being provided by
387 local continuums of care; complete an analysis of current
388 continuum of care resources; and provide recommendations on the
389 costs and benefits of implementing a statewide HMIS. The task
390 force shall also make recommendations regarding the development
391 of a statewide, centralized coordinated assessment system in
392 conjunction with the implementation of a statewide HMIS. The
393 task force findings must be reported to the Council on
394 Homelessness no later than December 31, 2015. The council shall
395 explore the potential of creating a statewide Management
396 Information System (MIS), encouraging the future participation
397 of any bodies that are receiving awards or grants from the
398 state, if such a system were adopted, enacted, and accepted by
399 the state.
400 (4) The State Office on Homelessness, with the concurrence
401 of the Council on Homelessness, shall may accept and administer
402 moneys appropriated to it to provide annual “Challenge Grants”
403 to lead agencies of homeless assistance continuums of care
404 designated by the State Office on Homelessness pursuant to s.
405 420.624. The department shall establish varying levels of grant
406 awards up to $500,000 per lead agency. Award levels shall be
407 based upon the total population within the continuum of care
408 catchment area and reflect the differing degrees of homelessness
409 in the catchment planning areas. The department, in consultation
410 with the Council on Homelessness, shall specify a grant award
411 level in the notice of the solicitation of grant applications.
412 (a) To qualify for the grant, a lead agency must develop
413 and implement a local homeless assistance continuum of care plan
414 for its designated catchment area. The continuum of care plan
415 must implement a coordinated assessment or central intake system
416 to screen, assess, and refer persons seeking assistance to the
417 appropriate service provider. The lead agency shall also
418 document the commitment of local government and private
419 organizations to provide matching funds or in-kind support in an
420 amount equal to the grant requested. Expenditures of leveraged
421 funds or resources, including third-party cash or in-kind
422 contributions, are permitted only for eligible activities
423 committed on one project which have not been used as leverage or
424 match for any other project or program and must be certified
425 through a written commitment.
426 (b) Preference must be given to those lead agencies that
427 have demonstrated the ability of their continuum of care to
428 provide quality services to homeless persons and the ability to
429 leverage federal homeless-assistance funding under the Stewart
430 B. McKinney Act and private funding for the provision of
431 services to homeless persons.
432 (c) Preference must be given to lead agencies in catchment
433 areas with the greatest need for the provision of housing and
434 services to the homeless, relative to the population of the
435 catchment area.
436 (d) The grant may be used to fund any of the housing,
437 program, or service needs included in the local homeless
438 assistance continuum of care plan. The lead agency may allocate
439 the grant to programs, services, or housing providers that
440 implement the local homeless assistance continuum care plan. The
441 lead agency may provide subgrants to a local agency to implement
442 programs or services or provide housing identified for funding
443 in the lead agency’s application to the department. A lead
444 agency may spend a maximum of 8 percent of its funding on
445 administrative costs.
446 (e) The lead agency shall submit a final report to the
447 department documenting the outcomes achieved by the grant in
448 enabling persons who are homeless to return to permanent housing
449 thereby ending such person’s episode of homelessness.
450 (5) The State Office on Homelessness, with the concurrence
451 of the Council on Homelessness, may administer moneys
452 appropriated to it to provide homeless housing assistance grants
453 annually to lead agencies for local homeless assistance
454 continuum of care, as recognized by the State Office on
455 Homelessness, to acquire, construct, or rehabilitate
456 transitional or permanent housing units for homeless persons.
457 These moneys shall consist of any sums that the state may
458 appropriate, as well as money received from donations, gifts,
459 bequests, or otherwise from any public or private source, which
460 are intended to acquire, construct, or rehabilitate transitional
461 or permanent housing units for homeless persons.
462 (a) Grant applicants shall be ranked competitively.
463 Preference must be given to applicants who leverage additional
464 private funds and public funds, particularly federal funds
465 designated for the acquisition, construction, or rehabilitation
466 of transitional or permanent housing for homeless persons; who
467 acquire, build, or rehabilitate the greatest number of units; or
468 and who acquire, build, or rehabilitate in catchment areas
469 having the greatest need for housing for the homeless relative
470 to the population of the catchment area.
471 (b) Funding for any particular project may not exceed
472 $750,000.
473 (c) Projects must reserve, for a minimum of 10 years, the
474 number of units acquired, constructed, or rehabilitated through
475 homeless housing assistance grant funding to serve persons who
476 are homeless at the time they assume tenancy.
477 (d) No more than two grants may be awarded annually in any
478 given local homeless assistance continuum of care catchment
479 area.
480 (e) A project may not be funded which is not included in
481 the local homeless assistance continuum of care plan, as
482 recognized by the State Office on Homelessness, for the
483 catchment area in which the project is located.
484 (f) The maximum percentage of funds that the State Office
485 on Homelessness and each applicant may spend on administrative
486 costs is 5 percent.
487 (6) The State Office on Homelessness, in conjunction with
488 the Council on Homelessness, shall establish performance
489 measures and specific objectives by which it may to evaluate the
490 effective performance and outcomes of lead agencies that receive
491 grant funds. Any funding through the State Office on
492 Homelessness shall be distributed to lead agencies based on
493 their overall performance and their achievement of specified
494 objectives. Each lead agency for which grants are made under
495 this section shall provide the State Office on Homelessness a
496 thorough evaluation of the effectiveness of the program in
497 achieving its stated purpose. In evaluating the performance of
498 the lead agencies, the State Office on Homelessness shall base
499 its criteria upon the program objectives, goals, and priorities
500 that were set forth by the lead agencies in their proposals for
501 funding. Such criteria may include, but not be limited to, the
502 number of persons or households that are no longer homeless, the
503 rate of recidivism to homelessness, and the number of persons
504 who obtain gainful employment homeless individuals provided
505 shelter, food, counseling, and job training.
506 Section 4. Subsections (3), (7), and (8) of section
507 420.624, Florida Statutes, are amended to read:
508 420.624 Local homeless assistance continuum of care.—
509 (3) Communities or regions seeking to implement a local
510 homeless assistance continuum of care are encouraged to develop
511 and annually update a written plan that includes a vision for
512 the continuum of care, an assessment of the supply of and demand
513 for housing and services for the homeless population, and
514 specific strategies and processes for providing the components
515 of the continuum of care. The State Office on Homelessness, in
516 conjunction with the Council on Homelessness, shall include in
517 the plan a methodology for assessing performance and outcomes.
518 The State Office on Homelessness shall supply a standardized
519 format for written plans, including the reporting of data.
520 (7) The components of a continuum of care plan should
521 include:
522 (a) Outreach, intake, and assessment procedures in order to
523 identify the service and housing needs of an individual or
524 family and to link them with appropriate housing, services,
525 resources, and opportunities;
526 (b) Emergency shelter, in order to provide a safe, decent
527 alternative to living in the streets;
528 (c) Transitional housing;
529 (d) Supportive services, designed to assist with the
530 development of the skills necessary to secure and retain
531 permanent housing;
532 (e) Permanent supportive housing;
533 (f) Rapid ReHousing, as specified in s. 420.6265;
534 (g)(f) Permanent housing;
535 (h)(g) Linkages and referral mechanisms among all
536 components to facilitate the movement of individuals and
537 families toward permanent housing and self-sufficiency;
538 (i)(h) Services and resources to prevent housed persons
539 from becoming or returning to homelessness; and
540 (j)(i) An ongoing planning mechanism to address the needs
541 of all subgroups of the homeless population, including but not
542 limited to:
543 1. Single adult males;
544 2. Single adult females;
545 3. Families with children;
546 4. Families with no children;
547 5. Unaccompanied children and youth;
548 6. Elderly persons;
549 7. Persons with drug or alcohol addictions;
550 8. Persons with mental illness;
551 9. Persons with dual or multiple physical or mental
552 disorders;
553 10. Victims of domestic violence; and
554 11. Persons living with HIV/AIDS.
555 (8) Continuum of care plans must promote participation by
556 all interested individuals and organizations and may not exclude
557 individuals and organizations on the basis of race, color,
558 national origin, sex, handicap, familial status, or religion.
559 Faith-based organizations must be encouraged to participate. To
560 the extent possible, these components shall should be
561 coordinated and integrated with other mainstream health, social
562 services, and employment programs for which homeless populations
563 may be eligible, including Medicaid, State Children’s Health
564 Insurance Program, Temporary Assistance for Needy Families, Food
565 Assistance Program, and services funded through the Mental
566 Health and Substance Abuse Block Grant, the Workforce Investment
567 Act, and the welfare-to-work grant program.
568 Section 5. Section 420.6265, Florida Statutes, is created
569 to read:
570 420.6265 Rapid ReHousing.—
571 (1) LEGISLATIVE FINDINGS AND INTENT.—
572 (a) The Legislature finds that Rapid ReHousing is a
573 strategy of using temporary financial assistance and case
574 management to quickly move an individual or family out of
575 homelessness and into permanent housing.
576 (b) The Legislature also finds that, for most of the past
577 two decades, public and private solutions to homelessness have
578 focused on providing individuals and families who are
579 experiencing homelessness with emergency shelter, transitional
580 housing, or a combination of both. While emergency shelter and
581 transitional housing programs may provide critical access to
582 services for individuals and families in crisis, they often fail
583 to address their long-term needs.
584 (c) The Legislature further finds that most households
585 become homeless as a result of a financial crisis that prevents
586 individuals and families from paying rent or a domestic conflict
587 that results in one member being ejected or leaving without
588 resources or a plan for housing.
589 (d) The Legislature further finds that Rapid ReHousing is
590 an alternative approach to the current system of emergency
591 shelter or transitional housing which tends to reduce the length
592 of time of homelessness and has proven to be cost effective.
593 (e) It is therefore the intent of the Legislature to
594 encourage homeless continuums of care to adopt the Rapid
595 ReHousing approach to preventing homelessness for individuals
596 and families who do not require the intense level of supports
597 provided in the Permanent Supportive Housing model.
598 (2) RAPID REHOUSING METHODOLOGY.—
599 (a) The Rapid ReHousing approach to homelessness differs
600 from traditional approaches to addressing homelessness by
601 focusing on each individual’s or family’s barriers to returning
602 to housing. By using this approach, communities can
603 significantly reduce the amount of time that individuals and
604 families are homeless and prevent further episodes of
605 homelessness.
606 (b) In Rapid ReHousing, an individual or family is
607 identified as being homeless, temporary assistance is provided
608 to allow the individual or family to obtain permanent housing as
609 quickly as possible, and, if needed, assistance is provided to
610 allow the individual or family to retain housing.
611 (c) The objective of Rapid ReHousing is to provide
612 assistance for as short a term as possible so that the
613 individual or family receiving assistance does not develop a
614 dependency on the assistance.
615 Section 6. Subsections (25) and (26) of section 420.9071,
616 Florida Statutes, are amended to read:
617 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
618 term:
619 (25) “Recaptured funds” means funds that are recouped by a
620 county or eligible municipality in accordance with the recapture
621 provisions of its local housing assistance plan pursuant to s.
622 420.9075(5)(i) s. 420.9075(5)(h) from eligible persons or
623 eligible sponsors, which funds were not used for assistance to
624 an eligible household for an eligible activity, when there is a
625 default on the terms of a grant award or loan award.
626 (26) “Rent subsidies” means ongoing monthly rental
627 assistance. The term does not include initial assistance to
628 tenants, such as grants or loans for security and utility
629 deposits.
630 Section 7. Subsection (7) of section 420.9072, Florida
631 Statutes, is amended, present subsections (8) and (9) of that
632 section are redesignated as subsections (9) and (10),
633 respectively, and a new subsection (8) is added to that section,
634 to read:
635 420.9072 State Housing Initiatives Partnership Program.—The
636 State Housing Initiatives Partnership Program is created for the
637 purpose of providing funds to counties and eligible
638 municipalities as an incentive for the creation of local housing
639 partnerships, to expand production of and preserve affordable
640 housing, to further the housing element of the local government
641 comprehensive plan specific to affordable housing, and to
642 increase housing-related employment.
643 (7) A county or an eligible municipality must expend its
644 portion of the local housing distribution only to implement a
645 local housing assistance plan or as provided in this subsection.
646 A county or an eligible municipality may not expend its portion
647 of the local housing distribution to provide rent subsidies;
648 however, this does not prohibit the use of funds for security
649 and utility deposit assistance.
650 (8) A county or an eligible municipality may not expend its
651 portion of the local housing distribution to provide ongoing
652 rent subsidies, except for:
653 (a) Security and utility deposit assistance.
654 (b) Eviction prevention not to exceed 6 months’ rent.
655 (c) A rent subsidy program for very-low-income households
656 with at least one adult who is a person with special needs as
657 defined in s. 420.0004 or homeless as defined in s. 420.621. The
658 period of rental assistance may not exceed 12 months for any
659 eligible household.
660 Section 8. Present subsections (5) through (7) of section
661 420.9073, Florida Statutes, are redesignated as subsections (6)
662 through (8), and a new subsection (5) is added to that section,
663 to read:
664 420.9073 Local housing distributions.—
665 (5) Notwithstanding subsections (1) through (4), the
666 corporation shall first distribute 4 percent of the total amount
667 to be distributed in a given fiscal year from the Local
668 Government Housing Trust Fund to the Department of Children and
669 Families and the Department of Economic Opportunity as follows:
670 (a) The Department of Children and Families shall receive
671 95 percent of such amount to provide operating funds and other
672 support to the designated lead agency in each continuum of care
673 for the benefit of the designated catchment area as described in
674 s. 420.624.
675 (b) The Department of Economic Opportunity shall receive 5
676 percent of such amount to provide training and technical
677 assistance to lead agencies receiving operating funds and other
678 support under paragraph (a) in accordance with s. 420.606(3).
679 Training and technical assistance funded by this distribution
680 shall be provided by a nonprofit entity that meets the
681 requirements of s. 420.531.
682 Section 9. Paragraph (a) of subsection (2) of section
683 420.9075, Florida Statutes, is amended, paragraph (f) is added
684 to subsection (3), subsection (5) of that section is amended,
685 and paragraph (i) is added to subsection (10) of that section,
686 to read:
687 420.9075 Local housing assistance plans; partnerships.—
688 (2)(a) Each county and each eligible municipality
689 participating in the State Housing Initiatives Partnership
690 Program shall encourage the involvement of appropriate public
691 sector and private sector entities as partners in order to
692 combine resources to reduce housing costs for the targeted
693 population. This partnership process should involve:
694 1. Lending institutions.
695 2. Housing builders and developers.
696 3. Nonprofit and other community-based housing and service
697 organizations.
698 4. Providers of professional services relating to
699 affordable housing.
700 5. Advocates for low-income persons, including, but not
701 limited to, homeless people, the elderly, and migrant
702 farmworkers.
703 6. Real estate professionals.
704 7. Other persons or entities who can assist in providing
705 housing or related support services.
706 8. Lead agencies of local homeless assistance continuums of
707 care.
708 (3)
709 (f) Each county and each eligible municipality is
710 encouraged to develop a strategy within its local housing
711 assistance plan which provides program funds for reducing
712 homelessness.
713 (5) The following criteria apply to awards made to eligible
714 sponsors or eligible persons for the purpose of providing
715 eligible housing:
716 (a) At least 65 percent of the funds made available in each
717 county and eligible municipality from the local housing
718 distribution must be reserved for home ownership for eligible
719 persons.
720 (b) Up to 25 percent of the funds made available in each
721 county and eligible municipality from the local housing
722 distribution may be reserved for rental housing for eligible
723 persons or for the purposes enumerated in s. 420.9072(8).
724 (c)(b) At least 75 percent of the funds made available in
725 each county and eligible municipality from the local housing
726 distribution must be reserved for construction, rehabilitation,
727 or emergency repair of affordable, eligible housing.
728 (d)(c) Not more than 20 percent of the funds made available
729 in each county and eligible municipality from the local housing
730 distribution may be used for manufactured housing.
731 (e)(d) The sales price or value of new or existing eligible
732 housing may not exceed 90 percent of the average area purchase
733 price in the statistical area in which the eligible housing is
734 located. Such average area purchase price may be that calculated
735 for any 12-month period beginning not earlier than the fourth
736 calendar year prior to the year in which the award occurs or as
737 otherwise established by the United States Department of the
738 Treasury.
739 (f)(e)1. All units constructed, rehabilitated, or otherwise
740 assisted with the funds provided from the local housing
741 assistance trust fund must be occupied by very-low-income
742 persons, low-income persons, and moderate-income persons except
743 as otherwise provided in this section.
744 2. At least 30 percent of the funds deposited into the
745 local housing assistance trust fund must be reserved for awards
746 to very-low-income persons or eligible sponsors who will serve
747 very-low-income persons and at least an additional 30 percent of
748 the funds deposited into the local housing assistance trust fund
749 must be reserved for awards to low-income persons or eligible
750 sponsors who will serve low-income persons. This subparagraph
751 does not apply to a county or an eligible municipality that
752 includes, or has included within the previous 5 years, an area
753 of critical state concern designated or ratified by the
754 Legislature for which the Legislature has declared its intent to
755 provide affordable housing. The exemption created by this act
756 expires on July 1, 2013, and shall apply retroactively.
757 (g)(f) Loans shall be provided for periods not exceeding 30
758 years, except for deferred payment loans or loans that extend
759 beyond 30 years which continue to serve eligible persons.
760 (h)(g) Loans or grants for eligible rental housing
761 constructed, rehabilitated, or otherwise assisted from the local
762 housing assistance trust fund must be subject to recapture
763 requirements as provided by the county or eligible municipality
764 in its local housing assistance plan unless reserved for
765 eligible persons for 15 years or the term of the assistance,
766 whichever period is longer. Eligible sponsors that offer rental
767 housing for sale before 15 years or that have remaining
768 mortgages funded under this program must give a first right of
769 refusal to eligible nonprofit organizations for purchase at the
770 current market value for continued occupancy by eligible
771 persons.
772 (i)(h) Loans or grants for eligible owner-occupied housing
773 constructed, rehabilitated, or otherwise assisted from proceeds
774 provided from the local housing assistance trust fund shall be
775 subject to recapture requirements as provided by the county or
776 eligible municipality in its local housing assistance plan.
777 (j)(i) The total amount of monthly mortgage payments or the
778 amount of monthly rent charged by the eligible sponsor or her or
779 his designee must be made affordable.
780 (k)(j) The maximum sales price or value per unit and the
781 maximum award per unit for eligible housing benefiting from
782 awards made pursuant to this section must be established in the
783 local housing assistance plan.
784 (l)(k) The benefit of assistance provided through the State
785 Housing Initiatives Partnership Program must accrue to eligible
786 persons occupying eligible housing. This provision shall not be
787 construed to prohibit use of the local housing distribution
788 funds for a mixed income rental development.
789 (m)(l) Funds from the local housing distribution not used
790 to meet the criteria established in paragraph (a) or paragraph
791 (c) (b) or not used for the administration of a local housing
792 assistance plan must be used for housing production and finance
793 activities, including, but not limited to, financing
794 preconstruction activities or the purchase of existing units,
795 providing rental housing, and providing home ownership training
796 to prospective home buyers and owners of homes assisted through
797 the local housing assistance plan.
798 1. Notwithstanding the provisions of paragraphs (a) and (c)
799 (b), program income as defined in s. 420.9071(24) may also be
800 used to fund activities described in this paragraph.
801 2. When preconstruction due-diligence activities conducted
802 as part of a preservation strategy show that preservation of the
803 units is not feasible and will not result in the production of
804 an eligible unit, such costs shall be deemed a program expense
805 rather than an administrative expense if such program expenses
806 do not exceed 3 percent of the annual local housing
807 distribution.
808 3. If both an award under the local housing assistance plan
809 and federal low-income housing tax credits are used to assist a
810 project and there is a conflict between the criteria prescribed
811 in this subsection and the requirements of s. 42 of the Internal
812 Revenue Code of 1986, as amended, the county or eligible
813 municipality may resolve the conflict by giving precedence to
814 the requirements of s. 42 of the Internal Revenue Code of 1986,
815 as amended, in lieu of following the criteria prescribed in this
816 subsection with the exception of paragraphs (a) and (f) (e) of
817 this subsection.
818 4. Each county and each eligible municipality may award
819 funds as a grant for construction, rehabilitation, or repair as
820 part of disaster recovery or emergency repairs or to remedy
821 accessibility or health and safety deficiencies. Any other
822 grants must be approved as part of the local housing assistance
823 plan.
824 (10) Each county or eligible municipality shall submit to
825 the corporation by September 15 of each year a report of its
826 affordable housing programs and accomplishments through June 30
827 immediately preceding submittal of the report. The report shall
828 be certified as accurate and complete by the local government’s
829 chief elected official or his or her designee. Transmittal of
830 the annual report by a county’s or eligible municipality’s chief
831 elected official, or his or her designee, certifies that the
832 local housing incentive strategies, or, if applicable, the local
833 housing incentive plan, have been implemented or are in the
834 process of being implemented pursuant to the adopted schedule
835 for implementation. The report must include, but is not limited
836 to:
837 (i) A description of efforts to reduce homelessness.
838 Section 10. Section 420.9089, Florida Statutes, is created
839 to read:
840 420.9089 National Housing Trust Fund.—The Legislature finds
841 that more funding for housing to assist the homeless is needed
842 and encourages the state entity designated to administer funds
843 made available to the state from the National Housing Trust Fund
844 to propose an allocation plan that includes strategies to reduce
845 homelessness in this state. These strategies to address
846 homelessness shall be in addition to strategies under s.
847 420.5087.
848 Section 11. Subsection (4) is added to section 421.04,
849 Florida Statutes, to read:
850 421.04 Creation of housing authorities.—
851 (4) Regardless of the date of its creation, a housing
852 authority may not apply to the Federal Government to seize any
853 projects, units, or vouchers of another established housing
854 authority, irrespective of each housing authority’s areas of
855 operation.
856 Section 12. Subsection (2) of section 421.05, Florida
857 Statutes, is amended to read:
858 421.05 Appointment, qualifications, and tenure of
859 commissioners; hiring of employees.—
860 (2) The powers of each authority shall be vested in the
861 commissioners thereof in office from time to time. A majority of
862 the commissioners shall constitute a quorum of the authority for
863 the purpose of conducting its business and exercising its powers
864 and for all other purposes. Action may be taken by the authority
865 upon a vote of a majority of the commissioners present, unless
866 in any case the bylaws of the authority require a larger number.
867 The mayor with the concurrence of the governing body shall
868 designate which of the commissioners appointed shall be the
869 first chair from among the appointed commissioners, but when the
870 office of the chair of the authority thereafter becomes vacant,
871 the authority shall select a chair from among the its
872 commissioners. An authority shall also select from among the its
873 commissioners a vice chair,; and it may employ a secretary, who
874 shall be the executive director, technical experts, and such
875 other officers, agents, and employees, permanent and temporary,
876 as it may require and shall determine their qualifications,
877 duties, and compensation. Accordingly, authorities are exempt
878 from s. 215.425. For such legal services as it may require, An
879 authority may call upon the chief law officer of the city or may
880 employ its own counsel and legal staff for legal services. An
881 authority may delegate to one or more of its agents or employees
882 such powers or duties as it may deem proper.
883 Section 13. Subsection (1) of section 421.091, Florida
884 Statutes, is amended to read:
885 421.091 Financial accounting and investments; fiscal year.—
886 (1) A complete and full financial accounting and audit in
887 accordance with federal audit standards of public housing
888 agencies shall be made biennially by a certified public
889 accountant and submitted to the Federal Government in accordance
890 with its policies. Housing authorities are otherwise exempt from
891 the reporting requirements of s. 218.32. A copy of such audit
892 shall be filed with the governing body and with the Auditor
893 General.
894 Section 14. Section 421.281, Florida Statutes, is created
895 to read:
896 421.281 Consolidated Housing Authorities.—
897 (1) CREATION.—
898 (a) If the commissioners of at least two municipal or
899 municipal and county housing authorities of neighboring areas of
900 operation that are not under federal receivership declare by
901 identical resolution, after a public hearing and two consecutive
902 meetings at which such resolution is heard, that there is a need
903 for merging their authorities which serves the best interest of
904 their respective tenants and communities, one housing authority
905 shall be created for all of such authorities to exercise powers
906 and other functions herein prescribed in such areas of operation
907 through a public body corporate and politic to be known as a
908 consolidated housing authority.
909 (b) After the consolidation, each housing authority created
910 by s. 421.04 or s. 421.27 for each of the areas shall cease to
911 exist except for the purpose of winding up its affairs and
912 executing a deed to the consolidated housing authority as
913 hereafter provided, if:
914 1. All obligees of such housing authorities and parties to
915 the contracts, bonds, notes, and other obligations of such
916 housing authorities agree to the substitution of the
917 consolidated housing authority; and
918 2. The commissioners of such housing authorities adopt a
919 resolution consenting to the transfer of all of the rights,
920 contracts, obligations, and property, real and personal, to the
921 consolidated housing authority.
922 (c) When any real property of a housing authority vests in
923 a consolidated housing authority as provided in subsection (2),
924 the housing authority shall execute a deed of such property to
925 the consolidated housing authority which thereupon shall file
926 such deed with the recorder of deeds of the county where such
927 real property is located.
928 (d) In any suit, action, or proceeding involving the
929 validity or enforcement of or relating to any contract of the
930 consolidated housing authority, the consolidated housing
931 authority shall be conclusively deemed to have become created,
932 established, and authorized to transact business and exercise
933 its powers hereunder upon proof of the adoption of a resolution
934 by the commissioners of each of the authorities creating the
935 consolidated housing authority.
936 (e) No more than three housing authorities may be
937 consolidated within a 10-year period, unless there is a
938 resolution of each housing authority and local government within
939 the area of operation in support of such additional
940 consolidation.
941 (2) AREA OF OPERATION.—
942 (a) The area of operation of a consolidated housing
943 authority shall include the combined areas of operation of the
944 housing authorities which merged to form the consolidated
945 housing authority.
946 (b) In connection with the issuance of bonds or the
947 incurring of other obligations, a consolidated housing authority
948 may covenant as to limitations on its right to adopt resolutions
949 relating to the increase of its area of operation.
950 (3) COMMISSIONERS.—
951 (a) When a consolidated housing authority has been created,
952 the consolidation plan must include provision for the
953 distribution of appointments among the existing appointing
954 authorities. The appointing authorities shall thereupon appoint
955 seven persons, with at least one qualified elector from each
956 area of operation included therein, provided that there are
957 suitable candidates who are willing to serve from each area of
958 operation.
959 (b) When the area of operation of a consolidated housing
960 authority is increased to include an additional area of
961 operation as herein provided, the consolidation plan must
962 provide for the appointment of one qualified elector from each
963 such additional area of operation as a commissioner. The number
964 of commissioners of a consolidated housing authority may be
965 increased above seven only for the implementation of this
966 subsection.
967 (c) If any county is later excluded from the area of
968 operation of a consolidated housing authority, the office of the
969 commissioner of such housing authority appointed as provided in
970 subsection (2) is abolished.
971 (d) If the area of operation of a consolidated housing
972 authority consists at any time of an even number of counties,
973 the Governor shall appoint one additional commissioner, who
974 shall be a qualified elector from one of the counties in such
975 area of operation.
976 (e) A certificate of the appointment of any commissioner of
977 a consolidated housing authority shall be filed with the county
978 clerk of the county from which the commissioner is appointed,
979 and such certificate shall be conclusive evidence of the due and
980 proper appointment of such commissioner.
981 (f) The commissioners of a consolidated housing authority
982 shall be appointed for staggered terms of 4 years, except that
983 the terms of the initial appointees may be truncated to stagger
984 them properly, and all vacancies shall be filled for the
985 unexpired terms. Each commissioner shall hold office until a
986 successor has been appointed and has qualified, except as
987 otherwise provided herein. The appointing authority shall
988 thereafter appoint the successor of each commissioner.
989 (g) The commissioners of a consolidated housing authority
990 shall elect a chair from among the commissioners and shall have
991 power to select or employ such other officers and employees as
992 the housing authority may require. A majority of the
993 commissioners of a consolidated housing authority shall
994 constitute a quorum of such authority for the purpose of
995 conducting its business and exercising its powers and for all
996 other purposes.
997 (4) POWERS AND DUTIES.—Except as otherwise provided herein,
998 a consolidated housing authority and the commissioners thereof
999 shall, within the area of operation of such consolidated housing
1000 authority, have the same functions, rights, powers, duties,
1001 privileges, and immunities provided for housing authorities
1002 created for cities or counties. A consolidated housing authority
1003 shall have power to select any appropriate corporate name.
1004 Section 15. Section 421.32, Florida Statutes, is amended to
1005 read:
1006 421.32 Rural housing projects.—County housing authorities,
1007 consolidated housing authorities, and regional housing
1008 authorities are specifically empowered and authorized to borrow
1009 money, accept grants, and exercise their other powers to provide
1010 housing for farmers of low income and domestic farm labor as
1011 defined in s. 514 of the Federal Housing Act of 1949. In
1012 connection with such projects, any such housing authority may
1013 enter into such leases or purchase agreements, accept such
1014 conveyances, and rent or sell dwellings forming part of such
1015 projects to or for farmers of low income, as such housing
1016 authority deems necessary in order to assure the achievement of
1017 the objectives of this law. Such leases, agreements, or
1018 conveyances may include such covenants as the housing authority
1019 deems appropriate regarding such dwellings and the tracts of
1020 land described in any such instrument, which covenants shall be
1021 deemed to run with the land when where the housing authority
1022 deems it necessary and the parties to such instrument so
1023 stipulate. In providing housing for farmers of low income,
1024 county housing authorities, consolidated housing authorities,
1025 and regional housing authorities are shall not be subject to the
1026 limitations provided in ss. 421.08(1)(c) 421.08(3) and
1027 421.10(3). Nothing contained in This section does not limit
1028 shall be construed as limiting any other powers of any housing
1029 authority.
1030 Section 16. Section 421.321, Florida Statutes, is amended
1031 to read:
1032 421.321 Execution of mortgages.—County, consolidated, and
1033 regional housing authorities organized under this chapter are
1034 authorized to execute mortgages encumbering real property as
1035 security for loans made for providing facilities for domestic
1036 farm labor pursuant to s. 514 of the Federal Housing Act of
1037 1949.
1038 Section 17. Section 421.33, Florida Statutes, is amended to
1039 read:
1040 421.33 Housing applications by farmers.—The owner of any
1041 farm operated, or worked upon, by farmers of low income in need
1042 of safe and sanitary housing may file an application with a
1043 housing authority created for a county, consolidated, or a
1044 regional housing authority requesting that it provide for a safe
1045 and sanitary dwelling or dwellings for occupancy by such farmers
1046 of low income. Such applications shall be received and examined
1047 by housing authorities in connection with the formulation of
1048 projects or programs to provide housing for farmers of low
1049 income. Provided, However, that if it becomes necessary for an
1050 applicant under this section to convey any portion of the
1051 applicant’s then homestead in order to take advantages as
1052 provided herein, then in that event, the parting with title to a
1053 portion of said homestead shall not affect the remaining portion
1054 of same, but all rights that said owner may have in and to same
1055 under and by virtue of the State Constitution of the state or
1056 any law passed pursuant thereto, shall be deemed and held to
1057 apply to such remaining portion of said land, the title of which
1058 remains in said applicant. ; it being the intention of The
1059 Legislature intends to permit the owner of any farm operated or
1060 worked upon by farmers of low income in need of safe and
1061 sanitary housing to take advantage of the provisions of this law
1062 without jeopardizing the owner’s their rights in the owner’s
1063 their then homestead by reason of any requirement that may be
1064 necessary in order for them to receive the benefits herein
1065 provided,; and no court shall ever construe that an applicant
1066 who has taken advantage of this law has in any manner, shape, or
1067 form abandoned his or her rights in any property that is the
1068 applicant’s then homestead by virtue of such action upon his or
1069 her part, but it shall be held, construed, and deemed that such
1070 action upon the part of any applicant hereunder was not any
1071 abandonment of the applicant’s then homestead, and that all
1072 rights that the applicant then had therein shall be and remain
1073 as provided by the State Constitution and any law enacted
1074 pursuant thereto.
1075 Section 18. This act shall take effect July 1, 2015.