Florida Senate - 2015                                    SB 1500
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00893A-15                                          20151500__
    1                        A bill to be entitled                      
    2         An act relating to housing for the homeless; amending
    3         s. 420.5087, F.S.; requiring that the reservation of
    4         funds within each notice of fund availability to
    5         persons who are homeless and persons with special
    6         needs be at least 10 percent of the funds available at
    7         the time of the notice; amending s. 420.622, F.S.;
    8         requiring that the State Office on Homelessness
    9         coordinate among certain agencies and providers to
   10         produce a statewide consolidated inventory for the
   11         state’s entire system of homeless programs which
   12         incorporates regionally developed plans; directing the
   13         Council on Homelessness to develop a statewide
   14         Management Information System and requiring future
   15         participation of certain award or grant recipients;
   16         requiring the State Office on Homelessness to accept
   17         and administer moneys appropriated to it to provide
   18         annual Challenge Grants to certain lead agencies of
   19         homeless assistance continuums of care; removing the
   20         requirement that levels of grant awards be based upon
   21         the total population within the continuum of care
   22         catchment area and reflect the differing degrees of
   23         homelessness in the catchment planning areas;
   24         requiring certain continuum of care plans to implement
   25         a coordinated assessment or central intake system in
   26         conjunction with the statewide Management Information
   27         System to screen, assess, and refer persons seeking
   28         assistance to the appropriate service provider;
   29         providing that preference for a grant award must be
   30         given to those lead agencies that have demonstrated
   31         the ability to leverage specified federal homeless
   32         assistance funding with local government funding, as
   33         well as private funding, for the provision of services
   34         to homeless persons; requiring, rather than
   35         authorizing, a lead agency to provide subgrants to a
   36         local agency to implement programs or services or
   37         provide housing identified for funding; decreasing the
   38         maximum percent of funding that a lead agency may
   39         spend on administrative costs; directing the State
   40         Office on Homelessness to administer moneys
   41         appropriated to it to provide homeless housing
   42         assistance grants annually to lead agencies for
   43         specified purposes; revising preference conditions
   44         relating to grant applicants; requiring the State
   45         Office on Homelessness, in conjunction with the
   46         Council on Homelessness, to establish specific
   47         objectives by which it may evaluate the outcomes of
   48         certain lead agencies; requiring that any funding
   49         through the State Office on Homelessness be
   50         distributed to lead agencies based on their
   51         performance and achievement of specified objectives;
   52         revising the factors that may be included as criteria
   53         for evaluating the performance of lead agencies;
   54         amending s. 420.624, F.S.; revising requirements for
   55         the local homeless assistance continuum of care plan;
   56         providing that the components of a continuum of care
   57         plan should include Rapid ReHousing; requiring that
   58         specified components of a continuum of care plan be
   59         coordinated and integrated with other specified
   60         services and programs; creating s. 420.6265, F.S.;
   61         providing legislative findings and intent relating to
   62         Rapid ReHousing; providing a Rapid ReHousing
   63         methodology; amending s. 420.9073, F.S.; requiring the
   64         corporation to first distribute a certain percentage
   65         of the total amount to be distributed each fiscal year
   66         from the Local Government Housing Trust Fund to the
   67         Department of Children and Families, subject to
   68         certain requirements; amending s. 420.9075, F.S.;
   69         providing that a certain partnership process of the
   70         State Housing Initiatives Partnership Program should
   71         involve lead agencies of local homeless assistance
   72         continuums of care; encouraging counties and eligible
   73         municipalities to develop a strategy within their
   74         local housing assistance plans which provides program
   75         funds for reducing homelessness; revising the criteria
   76         that apply to awards made to sponsors or persons for
   77         the purpose of providing housing; requiring that a
   78         specified report submitted by counties and
   79         municipalities include a description of efforts to
   80         reduce homelessness; creating s. 420.9089, F.S.;
   81         requiring that funds made available to the state from
   82         the National Housing Trust Fund be deposited into the
   83         State Housing Trust Fund and be used for certain
   84         purposes; directing the Florida Housing Finance
   85         Corporation to create a grant process for nonprofits
   86         to distribute such funds subject to certain
   87         requirements; amending s. 420.9071, F.S.; conforming a
   88         provision to changes made by the act; providing an
   89         effective date.
   90          
   91  Be It Enacted by the Legislature of the State of Florida:
   92  
   93         Section 1. Subsection (3) of section 420.5087, Florida
   94  Statutes, is amended to read:
   95         420.5087 State Apartment Incentive Loan Program.—There is
   96  hereby created the State Apartment Incentive Loan Program for
   97  the purpose of providing first, second, or other subordinated
   98  mortgage loans or loan guarantees to sponsors, including for
   99  profit, nonprofit, and public entities, to provide housing
  100  affordable to very-low-income persons.
  101         (3) During the first 6 months of loan or loan guarantee
  102  availability, program funds shall be reserved for use by
  103  sponsors who provide the housing set-aside required in
  104  subsection (2) for the tenant groups designated in this
  105  subsection. The reservation of funds to each of these groups
  106  shall be determined using the most recent statewide very-low
  107  income rental housing market study available at the time of
  108  publication of each notice of fund availability required by
  109  paragraph (6)(b). The reservation of funds within each notice of
  110  fund availability to the tenant groups specified in this
  111  subsection must be at least in paragraphs (a), (b), and (e) may
  112  not be less than 10 percent of the funds available at that time.
  113  Any increase in funding required to reach the 10-percent minimum
  114  must be taken from the tenant group that has the largest
  115  reservation. The reservation of funds within each notice of fund
  116  availability to the tenant group in paragraph (c) may not be
  117  less than 5 percent of the funds available at that time. The
  118  reservation of funds within each notice of fund availability to
  119  the tenant group in paragraph (d) may not be more than 10
  120  percent of the funds available at that time. The tenant groups
  121  are:
  122         (a) Commercial fishing workers and farmworkers;
  123         (b) Families;
  124         (c) Persons who are homeless;
  125         (d) Persons with special needs; and
  126         (e) Elderly persons. Ten percent of the amount reserved for
  127  the elderly shall be reserved to provide loans to sponsors of
  128  housing for the elderly for the purpose of making building
  129  preservation, health, or sanitation repairs or improvements
  130  which are required by federal, state, or local regulation or
  131  code, or lifesafety or security-related repairs or improvements
  132  to such housing. Such a loan may not exceed $750,000 per housing
  133  community for the elderly. In order to receive the loan, the
  134  sponsor of the housing community must make a commitment to match
  135  at least 5 percent of the loan amount to pay the cost of such
  136  repair or improvement. The corporation shall establish the rate
  137  of interest on the loan, which may not exceed 3 percent, and the
  138  term of the loan, which may not exceed 15 years; however, if the
  139  lien of the corporation’s encumbrance is subordinate to the lien
  140  of another mortgagee, then the term may be made coterminous with
  141  the longest term of the superior lien. The term of the loan
  142  shall be based on a credit analysis of the applicant. The
  143  corporation may forgive indebtedness for a share of the loan
  144  attributable to the units in a project reserved for extremely
  145  low-income elderly by nonprofit organizations, as defined in s.
  146  420.0004(5), where the project has provided affordable housing
  147  to the elderly for 15 years or more. The corporation shall
  148  establish, by rule, the procedure and criteria for receiving,
  149  evaluating, and competitively ranking all applications for loans
  150  under this paragraph. A loan application must include evidence
  151  of the first mortgagee’s having reviewed and approved the
  152  sponsor’s intent to apply for a loan. A nonprofit organization
  153  or sponsor may not use the proceeds of the loan to pay for
  154  administrative costs, routine maintenance, or new construction.
  155         Section 2. Paragraphs (a) and (b) of subsection (3),
  156  subsections (4), (5), and (6) of section 420.622, Florida
  157  Statutes, are amended to read:
  158         420.622 State Office on Homelessness; Council on
  159  Homelessness.—
  160         (3) The State Office on Homelessness, pursuant to the
  161  policies set by the council and subject to the availability of
  162  funding, shall:
  163         (a) Coordinate among state, local, and private agencies and
  164  providers to produce a statewide consolidated inventory program
  165  and financial plan for the state’s entire system of homeless
  166  programs which incorporates regionally developed plans. Such
  167  programs include, but are not limited to:
  168         1. Programs authorized under the Stewart B. McKinney
  169  Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq.,
  170  and carried out under funds awarded to this state; and
  171         2. Programs, components thereof, or activities that assist
  172  persons who are homeless or at risk for homelessness.
  173         (b) Collect, maintain, and make available information
  174  concerning persons who are homeless or at risk for homelessness,
  175  including demographics information, current services and
  176  resources available, the cost and availability of services and
  177  programs, and the met and unmet needs of this population. All
  178  entities that receive state funding must provide access to all
  179  data they maintain in summary form, with no individual
  180  identifying information, to assist the council in providing this
  181  information. The council shall develop explore the potential of
  182  creating a statewide Management Information System (MIS),
  183  requiring encouraging the future participation of any bodies
  184  that are receiving awards or grants from the state, in the if
  185  such a system were adopted, enacted, and accepted by the state.
  186         (4) The State Office on Homelessness, with the concurrence
  187  of the Council on Homelessness, shall may accept and administer
  188  moneys appropriated to it to provide annual “Challenge Grants”
  189  to lead agencies of homeless assistance continuums of care
  190  designated by the State Office on Homelessness pursuant to s.
  191  420.624. The department shall establish varying levels of grant
  192  awards up to $500,000 per lead agency. Award levels shall be
  193  based upon the total population within the continuum of care
  194  catchment area and reflect the differing degrees of homelessness
  195  in the catchment planning areas. The department, in consultation
  196  with the Council on Homelessness, shall specify a grant award
  197  level in the notice of the solicitation of grant applications.
  198         (a) To qualify for the grant, a lead agency must develop
  199  and implement a local homeless assistance continuum of care plan
  200  for its designated catchment area. The continuum of care plan
  201  must implement a coordinated assessment or central intake system
  202  in conjunction with the statewide Management Information System
  203  (MIS) to screen, assess, and refer persons seeking assistance to
  204  the appropriate service provider. The lead agency shall also
  205  document the commitment of local government and private
  206  organizations to provide matching funds or in-kind support in an
  207  amount equal to the grant requested.
  208         (b) Preference must be given to those lead agencies that
  209  have demonstrated the ability of their continuum of care to
  210  provide quality services to homeless persons and the ability to
  211  leverage federal homeless-assistance funding under the Stewart
  212  B. McKinney Act with local government and private funding for
  213  the provision of services to homeless persons.
  214         (c) Preference must be given to lead agencies in catchment
  215  areas with the greatest need for the provision of housing and
  216  services to the homeless, relative to the population of the
  217  catchment area.
  218         (d) The grant may be used to fund any of the housing,
  219  program, or service needs included in the local homeless
  220  assistance continuum of care plan. The lead agency may allocate
  221  the grant to programs, services, or housing providers that
  222  implement the local homeless assistance continuum care plan. The
  223  lead agency shall may provide subgrants to a local agency to
  224  implement programs or services or provide housing identified for
  225  funding in the lead agency’s application to the department. A
  226  lead agency may spend a maximum of 5 8 percent of its funding on
  227  administrative costs.
  228         (e) The lead agency shall submit a final report to the
  229  department documenting the outcomes achieved by the grant in
  230  enabling persons who are homeless to return to permanent housing
  231  thereby ending such person’s episode of homelessness.
  232         (5) The State Office on Homelessness, with the concurrence
  233  of the Council on Homelessness, shall may administer moneys
  234  appropriated to it to provide homeless housing assistance grants
  235  annually to lead agencies for local homeless assistance
  236  continuum of care, as recognized by the State Office on
  237  Homelessness, to acquire, construct, or rehabilitate
  238  transitional or permanent housing units for homeless persons.
  239  These moneys shall consist of any sums that the state may
  240  appropriate, as well as money received from donations, gifts,
  241  bequests, or otherwise from any public or private source, which
  242  are intended to acquire, construct, or rehabilitate transitional
  243  or permanent housing units for homeless persons.
  244         (a) Grant applicants shall be ranked competitively.
  245  Preference must be given to applicants who leverage additional
  246  private funds and public funds, particularly federal funds
  247  designated for the acquisition, construction, or rehabilitation
  248  of transitional or permanent housing for homeless persons; who
  249  acquire, build, or rehabilitate the greatest number of units; or
  250  and who acquire, build, or rehabilitate in catchment areas
  251  having the greatest need for housing for the homeless relative
  252  to the population of the catchment area.
  253         (b) Funding for any particular project may not exceed
  254  $750,000.
  255         (c) Projects must reserve, for a minimum of 10 years, the
  256  number of units acquired, constructed, or rehabilitated through
  257  homeless housing assistance grant funding to serve persons who
  258  are homeless at the time they assume tenancy.
  259         (d) No more than two grants may be awarded annually in any
  260  given local homeless assistance continuum of care catchment
  261  area.
  262         (e) A project may not be funded which is not included in
  263  the local homeless assistance continuum of care plan, as
  264  recognized by the State Office on Homelessness, for the
  265  catchment area in which the project is located.
  266         (f) The maximum percentage of funds that the State Office
  267  on Homelessness and each applicant may spend on administrative
  268  costs is 5 percent.
  269         (6) The State Office on Homelessness, in conjunction with
  270  the Council on Homelessness, shall establish performance
  271  measures and specific objectives by which it may to evaluate the
  272  effective performance and outcomes of lead agencies that receive
  273  grant funds. Any funding through the State Office on
  274  Homelessness shall be distributed to lead agencies based on
  275  their overall performance and their achievement of specified
  276  objectives. Each lead agency for which grants are made under
  277  this section shall provide the State Office on Homelessness a
  278  thorough evaluation of the effectiveness of the program in
  279  achieving its stated purpose. In evaluating the performance of
  280  the lead agencies, the State Office on Homelessness shall base
  281  its criteria upon the program objectives, goals, and priorities
  282  that were set forth by the lead agencies in their proposals for
  283  funding. Such criteria may include, but not be limited to, the
  284  number of persons or households that are no longer homeless, the
  285  rate of recidivism to homelessness, and the number of persons
  286  who obtain gainful employment homeless individuals provided
  287  shelter, food, counseling, and job training.
  288         Section 3. Subsections (3), (7), and (8) of section
  289  420.624, Florida Statutes, are amended to read:
  290         420.624 Local homeless assistance continuum of care.—
  291         (3) Communities or regions seeking to implement a local
  292  homeless assistance continuum of care are encouraged to develop
  293  and annually update a written plan that includes a vision for
  294  the continuum of care, an assessment of the supply of and demand
  295  for housing and services for the homeless population, and
  296  specific strategies and processes for providing the components
  297  of the continuum of care. The State Office on Homelessness, in
  298  conjunction with the Council on Homelessness, shall include in
  299  the plan a methodology for assessing performance and outcomes.
  300  The State Office on Homelessness shall supply a standardized
  301  format for written plans, including the reporting of data.
  302         (7) The components of a continuum of care plan should
  303  include:
  304         (a) Outreach, intake, and assessment procedures in order to
  305  identify the service and housing needs of an individual or
  306  family and to link them with appropriate housing, services,
  307  resources, and opportunities;
  308         (b) Emergency shelter, in order to provide a safe, decent
  309  alternative to living in the streets;
  310         (c) Transitional housing;
  311         (d) Supportive services, designed to assist with the
  312  development of the skills necessary to secure and retain
  313  permanent housing;
  314         (e) Permanent supportive housing;
  315         (f) Rapid ReHousing, as specified in s. 420.6265;
  316         (g)(f) Permanent housing;
  317         (h)(g) Linkages and referral mechanisms among all
  318  components to facilitate the movement of individuals and
  319  families toward permanent housing and self-sufficiency;
  320         (i)(h) Services and resources to prevent housed persons
  321  from becoming or returning to homelessness; and
  322         (j)(i) An ongoing planning mechanism to address the needs
  323  of all subgroups of the homeless population, including but not
  324  limited to:
  325         1. Single adult males;
  326         2. Single adult females;
  327         3. Families with children;
  328         4. Families with no children;
  329         5. Unaccompanied children and youth;
  330         6. Elderly persons;
  331         7. Persons with drug or alcohol addictions;
  332         8. Persons with mental illness;
  333         9. Persons with dual or multiple physical or mental
  334  disorders;
  335         10. Victims of domestic violence; and
  336         11. Persons living with HIV/AIDS.
  337         (8) Continuum of care plans must promote participation by
  338  all interested individuals and organizations and may not exclude
  339  individuals and organizations on the basis of race, color,
  340  national origin, sex, handicap, familial status, or religion.
  341  Faith-based organizations must be encouraged to participate. To
  342  the extent possible, these components shall should be
  343  coordinated and integrated with other mainstream health, social
  344  services, and employment programs for which homeless populations
  345  may be eligible, including Medicaid, State Children’s Health
  346  Insurance Program, Temporary Assistance for Needy Families, Food
  347  Assistance Program, and services funded through the Mental
  348  Health and Substance Abuse Block Grant, the Workforce Investment
  349  Act, and the welfare-to-work grant program.
  350         Section 4. Section 420.6265, Florida Statutes, is created
  351  to read:
  352         420.6265 Rapid ReHousing.—
  353         (1)LEGISLATIVE FINDINGS AND INTENT.—
  354         (a)The Legislature finds that Rapid ReHousing is a
  355  strategy of using temporary financial assistance and case
  356  management to quickly move a person or family out of
  357  homelessness and into permanent housing.
  358         (b)The Legislature also finds that, for most of the past
  359  two decades, public and private solutions to homelessness have
  360  focused on providing individuals and families who are
  361  experiencing homelessness with emergency shelter, transitional
  362  housing, or a combination of both. While emergency shelter and
  363  transitional housing programs may provide critical access to
  364  services for individuals and families in crisis, they often fail
  365  to address their long-term needs.
  366         (c)The Legislature further finds that most households
  367  become homeless as a result of a financial crisis that prevents
  368  them from paying rent or a domestic conflict that results in one
  369  member being ejected or leaving without resources or a plan for
  370  housing.
  371         (d) The Legislature further finds that Rapid ReHousing is
  372  an alternative approach to the current system of emergency
  373  shelter or transitional housing which tends to reduce the length
  374  of time of homelessness and has proven to be cost effective.
  375         (e)It is therefore the intent of the Legislature to
  376  encourage homeless continuums of care to adopt the Rapid
  377  ReHousing approach to preventing homelessness for individuals
  378  and families who do not require the intense level of supports
  379  provided in the Permanent Supportive Housing model.
  380         (2)RAPID REHOUSING METHODOLOGY.—
  381         (a)The Rapid ReHousing approach to homelessness differs
  382  from traditional approaches to addressing homelessness by
  383  focusing on each individual’s or family’s barriers to returning
  384  to housing. By using this approach, communities can
  385  significantly reduce the amount of time that individuals and
  386  families are homeless and prevent further episodes of
  387  homelessness.
  388         (b)In Rapid ReHousing, an individual or family is
  389  identified as being homeless, temporary assistance is provided
  390  to allow the individual or family to obtain permanent housing as
  391  quickly as possible, and, if needed, assistance is provided to
  392  allow the individual or family to retain housing.
  393         (c) The objective of Rapid ReHousing is to provide
  394  assistance for as short a term as possible so that the
  395  individual or family receiving assistance does not develop a
  396  dependency on the assistance.
  397         Section 5. Present subsections (5) through (7) of section
  398  420.9073, Florida Statutes, are redesignated as subsections (6)
  399  through (8), and a new subsection (5) is added to that section,
  400  to read:
  401         420.9073 Local housing distributions.—
  402         (5)Notwithstanding subsections (1)-(4), the corporation
  403  shall first distribute 4 percent of the total amount to be
  404  distributed in a given fiscal year from the Local Government
  405  Housing Trust Fund to the Department of Children and Families
  406  and the Department of Economic Opportunity as follows:
  407         (a) The Department of Children and Families shall receive
  408  95 percent of such amount to provide operating funds and other
  409  support to the designated lead agency in each continuum of care
  410  for the benefit of the designated catchment area as described in
  411  s. 420.624.
  412         (b) The Department of Economic Opportunity shall receive 5
  413  percent of such amount to provide training and technical
  414  assistance to lead agencies receiving operating funds and other
  415  support under paragraph (a) in accordance with s. 420.606(3).
  416  Training and technical assistance funded by this distribution
  417  shall be provided by a nonprofit entity that meets the
  418  requirements of s. 420.531.
  419         Section 6. Paragraph (a) of subsection (2) of section
  420  420.9075, Florida Statutes, is amended, paragraph (f) is added
  421  to subsection (3), subsection (5) of that section is amended,
  422  and paragraph (i) is added to subsection (10) of that section,
  423  to read:
  424         420.9075 Local housing assistance plans; partnerships.—
  425         (2)(a) Each county and each eligible municipality
  426  participating in the State Housing Initiatives Partnership
  427  Program shall encourage the involvement of appropriate public
  428  sector and private sector entities as partners in order to
  429  combine resources to reduce housing costs for the targeted
  430  population. This partnership process should involve:
  431         1. Lending institutions.
  432         2. Housing builders and developers.
  433         3. Nonprofit and other community-based housing and service
  434  organizations.
  435         4. Providers of professional services relating to
  436  affordable housing.
  437         5. Advocates for low-income persons, including, but not
  438  limited to, homeless people, the elderly, and migrant
  439  farmworkers.
  440         6. Real estate professionals.
  441         7. Other persons or entities who can assist in providing
  442  housing or related support services.
  443         8. Lead agencies of local homeless assistance continuums of
  444  care.
  445         (3)
  446         (f) Each county and each eligible municipality is
  447  encouraged to develop a strategy within its local housing
  448  assistance plan which provides program funds for reducing
  449  homelessness.
  450         (5) For The following criteria apply to awards made to
  451  eligible sponsors or eligible persons for the purpose of
  452  providing eligible housing,:
  453         (a) At least 65 percent of the funds made available in each
  454  county and eligible municipality from the local housing
  455  distribution must be reserved for home ownership for eligible
  456  persons.
  457         (b) At least 75 percent of the funds made available in each
  458  county and eligible municipality from the local housing
  459  distribution must be reserved for construction, rehabilitation,
  460  or emergency repair of affordable, eligible housing.
  461         (c) Not more than 20 percent of the funds made available in
  462  each county and eligible municipality from the local housing
  463  distribution may be used for manufactured housing.
  464         (d) The sales price or value of new or existing eligible
  465  housing may not exceed 90 percent of the average area purchase
  466  price in the statistical area in which the eligible housing is
  467  located. Such average area purchase price may be that calculated
  468  for any 12-month period beginning not earlier than the fourth
  469  calendar year prior to the year in which the award occurs or as
  470  otherwise established by the United States Department of the
  471  Treasury.
  472         (e)1. all units constructed, rehabilitated, or otherwise
  473  assisted with the funds provided from the local housing
  474  assistance trust fund must be occupied by very-low-income
  475  persons, low-income persons, and moderate-income persons except
  476  as otherwise provided in this section.
  477         2. At least 30 percent of the funds deposited into the
  478  local housing assistance trust fund must be reserved for awards
  479  to very-low-income persons or eligible sponsors who will serve
  480  very-low-income persons and at least an additional 30 percent of
  481  the funds deposited into the local housing assistance trust fund
  482  must be reserved for awards to low-income persons or eligible
  483  sponsors who will serve low-income persons. This subparagraph
  484  does not apply to a county or an eligible municipality that
  485  includes, or has included within the previous 5 years, an area
  486  of critical state concern designated or ratified by the
  487  Legislature for which the Legislature has declared its intent to
  488  provide affordable housing. The exemption created by this act
  489  expires on July 1, 2013, and shall apply retroactively.
  490         (f) Loans shall be provided for periods not exceeding 30
  491  years, except for deferred payment loans or loans that extend
  492  beyond 30 years which continue to serve eligible persons.
  493         (g) Loans or grants for eligible rental housing
  494  constructed, rehabilitated, or otherwise assisted from the local
  495  housing assistance trust fund must be subject to recapture
  496  requirements as provided by the county or eligible municipality
  497  in its local housing assistance plan unless reserved for
  498  eligible persons for 15 years or the term of the assistance,
  499  whichever period is longer. Eligible sponsors that offer rental
  500  housing for sale before 15 years or that have remaining
  501  mortgages funded under this program must give a first right of
  502  refusal to eligible nonprofit organizations for purchase at the
  503  current market value for continued occupancy by eligible
  504  persons.
  505         (h) Loans or grants for eligible owner-occupied housing
  506  constructed, rehabilitated, or otherwise assisted from proceeds
  507  provided from the local housing assistance trust fund shall be
  508  subject to recapture requirements as provided by the county or
  509  eligible municipality in its local housing assistance plan.
  510         (i) The total amount of monthly mortgage payments or the
  511  amount of monthly rent charged by the eligible sponsor or her or
  512  his designee must be made affordable.
  513         (j) The maximum sales price or value per unit and the
  514  maximum award per unit for eligible housing benefiting from
  515  awards made pursuant to this section must be established in the
  516  local housing assistance plan.
  517         (k) The benefit of assistance provided through the State
  518  Housing Initiatives Partnership Program must accrue to eligible
  519  persons occupying eligible housing. This provision shall not be
  520  construed to prohibit use of the local housing distribution
  521  funds for a mixed income rental development.
  522         (l) Funds from the local housing distribution not used to
  523  meet the criteria established in paragraph (a) or paragraph (b)
  524  or not used for the administration of a local housing assistance
  525  plan must be used for housing production and finance activities,
  526  including, but not limited to, financing preconstruction
  527  activities or the purchase of existing units, providing rental
  528  housing, and providing home ownership training to prospective
  529  home buyers and owners of homes assisted through the local
  530  housing assistance plan.
  531         1. Notwithstanding the provisions of paragraphs (a) and
  532  (b), program income as defined in s. 420.9071(24) may also be
  533  used to fund activities described in this paragraph.
  534         2. When preconstruction due-diligence activities conducted
  535  as part of a preservation strategy show that preservation of the
  536  units is not feasible and will not result in the production of
  537  an eligible unit, such costs shall be deemed a program expense
  538  rather than an administrative expense if such program expenses
  539  do not exceed 3 percent of the annual local housing
  540  distribution.
  541         3. If both an award under the local housing assistance plan
  542  and federal low-income housing tax credits are used to assist a
  543  project and there is a conflict between the criteria prescribed
  544  in this subsection and the requirements of s. 42 of the Internal
  545  Revenue Code of 1986, as amended, the county or eligible
  546  municipality may resolve the conflict by giving precedence to
  547  the requirements of s. 42 of the Internal Revenue Code of 1986,
  548  as amended, in lieu of following the criteria prescribed in this
  549  subsection with the exception of paragraphs (a) and (e) of this
  550  subsection.
  551         4. Each county and each eligible municipality may award
  552  funds as a grant for construction, rehabilitation, or repair as
  553  part of disaster recovery or emergency repairs or to remedy
  554  accessibility or health and safety deficiencies. Any other
  555  grants must be approved as part of the local housing assistance
  556  plan.
  557         (10) Each county or eligible municipality shall submit to
  558  the corporation by September 15 of each year a report of its
  559  affordable housing programs and accomplishments through June 30
  560  immediately preceding submittal of the report. The report shall
  561  be certified as accurate and complete by the local government’s
  562  chief elected official or his or her designee. Transmittal of
  563  the annual report by a county’s or eligible municipality’s chief
  564  elected official, or his or her designee, certifies that the
  565  local housing incentive strategies, or, if applicable, the local
  566  housing incentive plan, have been implemented or are in the
  567  process of being implemented pursuant to the adopted schedule
  568  for implementation. The report must include, but is not limited
  569  to:
  570         (i) A description of efforts to reduce homelessness.
  571         Section 7. Section 420.9089, Florida Statutes, is created
  572  to read:
  573         420.9089 National Housing Trust Fund.—Funds made available
  574  to the state from the National Housing Trust Fund shall be
  575  deposited into the State Housing Trust Fund. Such funds shall be
  576  used to develop and construct housing to reduce homelessness in
  577  this state. The Florida Housing Finance Corporation shall create
  578  a grant process to award funds to nonprofits, based on a
  579  demonstration of need and local government participation, to
  580  construct housing for extremely low-income individuals and
  581  families.
  582         Section 8. Subsection (25) of section 420.9071, Florida
  583  Statutes, is amended to read:
  584         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  585  term:
  586         (25) “Recaptured funds” means funds that are recouped by a
  587  county or eligible municipality in accordance with the recapture
  588  provisions of its local housing assistance plan pursuant to s.
  589  420.9075(5)(h) from eligible persons or eligible sponsors, which
  590  funds were not used for assistance to an eligible household for
  591  an eligible activity, when there is a default on the terms of a
  592  grant award or loan award.
  593         Section 9. This act shall take effect July 1, 2015.