Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1534
Ì652132qÎ652132
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/15/2016 .
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Detert) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 86 - 618
4 and insert:
5 Section 1. Subsection (36) of section 420.503, Florida
6 Statutes, is amended to read:
7 420.503 Definitions.—As used in this part, the term:
8 (36) “Service provider,” except as otherwise defined in s.
9 420.512(5), means a law firm, investment bank, certified public
10 accounting firm, auditor, trustee bank, credit underwriter,
11 homeowner loan servicer, or any other provider of services to
12 the corporation which offers to perform or performs services to
13 the corporation or other provider for fees in excess of $35,000
14 $25,000 in the aggregate during any fiscal year of the
15 corporation. The term includes the agents, officers, principals,
16 and professional employees of the service provider.
17 Section 2. Paragraphs (a) and (b) of subsection (22) of
18 section 420.507, Florida Statutes, are amended, present
19 paragraphs (d) through (i) of that subsection are redesignated
20 as (e) through (j), respectively, a new paragraph (d) is added
21 to that subsection, and subsection (35) of that section is
22 amended, to read:
23 420.507 Powers of the corporation.—The corporation shall
24 have all the powers necessary or convenient to carry out and
25 effectuate the purposes and provisions of this part, including
26 the following powers which are in addition to all other powers
27 granted by other provisions of this part:
28 (22) To develop and administer the State Apartment
29 Incentive Loan Program. In developing and administering that
30 program, the corporation may:
31 (a) Make first, second, and other subordinated mortgage
32 loans including variable or fixed rate loans subject to
33 contingent interest for all State Apartment Incentive Loans
34 provided in this chapter based upon available cash flow of the
35 projects. The corporation shall make loans exceeding 25 percent
36 of project cost only to nonprofit organizations and public
37 bodies that are able to secure grants, donations of land, or
38 contributions from other sources and to projects meeting the
39 criteria of subparagraph 1. Mortgage loans shall be made
40 available at the following rates of interest:
41 1. Zero to 3 percent interest for sponsors of projects that
42 set aside at least 80 percent of their total units for residents
43 qualifying as farmworkers, commercial fishing workers, the
44 homeless as defined in s. 420.621, or persons with special needs
45 as defined in s. 420.0004(13) over the life of the loan.
46 2. Zero to 3 percent interest based on the pro rata share
47 of units set aside for homeless residents or persons with
48 special needs if the total of such units is less than 80 percent
49 of the units in the borrower’s project.
50 3. One to 9 percent interest for sponsors of projects
51 targeted at populations other than farmworkers, commercial
52 fishing workers, the homeless persons, or persons with special
53 needs.
54 (b) Make loans exceeding 25 percent of project cost when
55 the project serves extremely-low-income persons or projects as
56 provided in paragraph (d).
57 (d) In counties or rural areas of counties that do not have
58 existing units set aside for homeless persons, forgive
59 indebtedness for loans provided to create permanent rental
60 housing units for persons who are homeless, as defined in s.
61 420.621(5), or for persons residing in time-limited transitional
62 housing or institutions as a result of a lack of permanent,
63 affordable housing. Such developments must be supported by a
64 local homeless assistance continuum of care developed under s.
65 420.624; be developed by nonprofit applicants; be small
66 properties as defined by corporation rule; and be a project in
67 the local housing assistance continuum of care plan recognized
68 by the State Office on Homelessness.
69 (35) To preclude from further participation in any of the
70 corporation’s programs, for a period of up to 2 years, any
71 applicant or affiliate of an applicant which has made a material
72 misrepresentation or engaged in fraudulent actions in connection
73 with any application for a corporation program.
74 Section 3. Subsections (1) and (3), paragraphs (b), (f),
75 and (k) of subsection (6), and subsection (10) of section
76 420.5087, Florida Statutes, are amended to read:
77 420.5087 State Apartment Incentive Loan Program.—There is
78 hereby created the State Apartment Incentive Loan Program for
79 the purpose of providing first, second, or other subordinated
80 mortgage loans or loan guarantees to sponsors, including for
81 profit, nonprofit, and public entities, to provide housing
82 affordable to very-low-income persons.
83 (1) Program funds shall be made available through a
84 competitive solicitation process distributed over successive 3
85 year periods in a manner that meets the need and demand for
86 very-low-income housing throughout the state. That need and
87 demand must be determined by using the most recent statewide
88 low-income rental housing market studies conducted every 3 years
89 available at the beginning of each 3-year period. However, at
90 least 10 percent of the program funds, as calculated on an
91 annual basis, distributed during a 3-year period must be made
92 available allocated to each of the following categories of
93 counties, as determined by using the population statistics
94 published in the most recent edition of the Florida Statistical
95 Abstract:
96 (a) Counties that have a population of 825,000 or more.
97 (b) Counties that have a population of more than 100,000
98 but less than 825,000.
99 (c) Counties that have a population of 100,000 or less.
100
101 Any increase in funding required to reach the 10-percent minimum
102 shall be taken from the county category that has the largest
103 portion of the funding allocation. The corporation shall adopt
104 rules that which establish an equitable process for distributing
105 any portion of the 10 percent of program funds made available
106 allocated to the county categories specified in this subsection
107 which remains unallocated at the end of a 3-year period.
108 Counties that have a population of 100,000 or less shall be
109 given preference under these rules.
110 (3) During the first 6 months of loan or loan guarantee
111 availability, program funds shall be made available reserved for
112 use by sponsors who provide the housing set-aside required in
113 subsection (2) for the tenant groups designated in this
114 subsection. The reservation of funds made available to each of
115 these groups shall be determined using the most recent statewide
116 very-low-income rental housing market study available at the
117 time of publication of each notice of fund availability required
118 by paragraph (6)(b). The reservation of funds made available
119 within each notice of fund availability to the tenant groups in
120 paragraphs (b)-(e) (a), (b), and (e) may not be less than 10
121 percent of the funds available at that time. Any increase in
122 funding required to reach the required 10-percent minimum must
123 be taken from the tenant group that would receive has the
124 largest percentage of available funds in accordance with the
125 study reservation. The reservation of funds made available
126 within each notice of fund availability to the tenant group in
127 paragraph (a) (c) may not be less than 5 percent of the funds
128 available at that time. The reservation of funds within each
129 notice of fund availability to the tenant group in paragraph (d)
130 may not be more than 10 percent of the funds available at that
131 time. The tenant groups are:
132 (a) Commercial fishing workers and farmworkers;
133 (b) Families;
134 (c) Persons who are homeless;
135 (d) Persons with special needs; and
136 (e) Elderly persons. Ten percent of the amount made
137 available reserved for the elderly shall be reserved to provide
138 loans to sponsors of housing for the elderly for the purpose of
139 making building preservation, health, or sanitation repairs or
140 improvements which are required by federal, state, or local
141 regulation or code, or lifesafety or security-related repairs or
142 improvements to such housing. Such a loan may not exceed
143 $750,000 per housing community for the elderly. In order to
144 receive the loan, the sponsor of the housing community must make
145 a commitment to match at least 5 percent of the loan amount to
146 pay the cost of such repair or improvement. The corporation
147 shall establish the rate of interest on the loan, which may not
148 exceed 3 percent, and the term of the loan, which may not exceed
149 15 years; however, if the lien of the corporation’s encumbrance
150 is subordinate to the lien of another mortgagee, then the term
151 may be made coterminous with the longest term of the superior
152 lien. The term of the loan shall be based on a credit analysis
153 of the applicant. The corporation may forgive indebtedness for a
154 share of the loan attributable to the units in a project
155 reserved for extremely-low-income elderly by nonprofit
156 organizations, as defined in s. 420.0004(5), where the project
157 has provided affordable housing to the elderly for 15 years or
158 more. The corporation shall establish, by rule, the procedure
159 and criteria for receiving, evaluating, and competitively
160 ranking all applications for loans under this paragraph. A loan
161 application must include evidence of the first mortgagee’s
162 having reviewed and approved the sponsor’s intent to apply for a
163 loan. A nonprofit organization or sponsor may not use the
164 proceeds of the loan to pay for administrative costs, routine
165 maintenance, or new construction.
166 (6) On all state apartment incentive loans, except loans
167 made to housing communities for the elderly to provide for
168 lifesafety, building preservation, health, sanitation, or
169 security-related repairs or improvements, the following
170 provisions shall apply:
171 (b) The corporation shall publish a notice of fund
172 availability in a publication of general circulation throughout
173 the state. Such notice shall be published at least 60 days prior
174 to the application deadline and shall provide notice of the
175 availability temporary reservations of funds established in
176 subsection (3).
177 (f) The review committee established by corporation rule
178 pursuant to this subsection shall make recommendations to the
179 board of directors of the corporation regarding program
180 participation under the State Apartment Incentive Loan Program.
181 The corporation board shall make the final decisions regarding
182 which applicants shall become program participants based on the
183 scores received in the competitive process, further review of
184 applications, and the recommendations of the review committee.
185 The corporation board shall approve or reject applications for
186 loans and shall determine the tentative loan amount available to
187 each applicant selected for participation in the program. The
188 actual loan amount shall be determined pursuant to rule adopted
189 pursuant to s. 420.507(22)(i) s. 420.507(22)(h).
190 (k) Rent controls shall not be allowed on any project
191 except as required in conjunction with the issuance of tax
192 exempt bonds or federal low-income housing tax credits and
193 except when the sponsor has committed to set aside units for
194 extremely-low-income persons, in which case rents shall be set
195 restricted at the income set-aside levels committed to by the
196 sponsor at the level applicable income limitations established
197 by the corporation for federal low-income tax credits.
198 (10)(a) Notwithstanding subsection (3), for the 2015-2016
199 fiscal year, the reservation of funds for the tenant groups
200 within each notice of fund availability shall be:
201 1. Not less than 10 percent of the funds available at that
202 time for the following tenant groups:
203 a. Families;
204 b. Persons who are homeless;
205 c. Persons with special needs; and
206 d. Elderly persons.
207 2. Not less than 5 percent of the funds available at that
208 time for the commercial fishing workers and farmworkers tenant
209 group.
210 (b) This subsection expires July 1, 2016.
211 Section 4. Subsection (5) of section 420.511, Florida
212 Statutes, is amended to read:
213 420.511 Strategic business plan; long-range program plan;
214 annual report; audited financial statements.—
215 (5) The Auditor General shall conduct an operational audit
216 of the accounts and records of the corporation and provide a
217 written report on the audit to the President of the Senate and
218 the Speaker of the House of Representatives by December 1, 2016.
219 Both the corporation’s business plan and annual report must
220 recognize the different fiscal periods under which the
221 corporation, the state, the Federal Government, and local
222 governments operate.
223 Section 5. Paragraphs (a) and (b) of subsection (3) and
224 subsections (4), (5), and (6) of section 420.622, Florida
225 Statutes, are amended to read:
226 420.622 State Office on Homelessness; Council on
227 Homelessness.—
228 (3) The State Office on Homelessness, pursuant to the
229 policies set by the council and subject to the availability of
230 funding, shall:
231 (a) Coordinate among state, local, and private agencies and
232 providers to produce a statewide consolidated inventory program
233 and financial plan for the state’s entire system of homeless
234 programs which incorporates regionally developed plans. Such
235 programs include, but are not limited to:
236 1. Programs authorized under the Stewart B. McKinney
237 Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq.,
238 and carried out under funds awarded to this state; and
239 2. Programs, components thereof, or activities that assist
240 persons who are homeless or at risk for homelessness.
241 (b) Collect, maintain, and make available information
242 concerning persons who are homeless or at risk for homelessness,
243 including demographics information, current services and
244 resources available, the cost and availability of services and
245 programs, and the met and unmet needs of this population. All
246 entities that receive state funding must provide access to all
247 data they maintain in summary form, with no individual
248 identifying information, to assist the council in providing this
249 information. The State Office on Homelessness shall establish a
250 task force to make recommendations regarding the implementation
251 of a statewide Homeless Management Information System (HMIS).
252 The task force shall define the conceptual framework of such a
253 system; study existing statewide HMIS models; establish an
254 inventory of local HMIS systems, including providers and license
255 capacity; examine the aggregated reporting being provided by
256 local continuums of care; complete an analysis of current
257 continuum of care resources; and provide recommendations on the
258 costs and benefits of implementing a statewide HMIS. The task
259 force shall also make recommendations regarding the development
260 of a statewide, centralized coordinated assessment system in
261 conjunction with the implementation of a statewide HMIS. The
262 task force findings must be reported to the Council on
263 Homelessness no later than December 31, 2016. The council shall
264 explore the potential of creating a statewide Management
265 Information System (MIS), encouraging the future participation
266 of any bodies that are receiving awards or grants from the
267 state, if such a system were adopted, enacted, and accepted by
268 the state.
269 (4) The State Office on Homelessness, with the concurrence
270 of the Council on Homelessness, shall may accept and administer
271 moneys appropriated to it to provide annual “Challenge Grants”
272 to lead agencies of homeless assistance continuums of care
273 designated by the State Office on Homelessness pursuant to s.
274 420.624. The department shall establish varying levels of grant
275 awards up to $500,000 per lead agency. Award levels shall be
276 based upon the total population within the continuum of care
277 catchment area and reflect the differing degrees of homelessness
278 in the catchment planning areas. The department, in consultation
279 with the Council on Homelessness, shall specify a grant award
280 level in the notice of the solicitation of grant applications.
281 (a) To qualify for the grant, a lead agency must develop
282 and implement a local homeless assistance continuum of care plan
283 for its designated catchment area. The continuum of care plan
284 must implement a coordinated assessment or central intake system
285 to screen, assess, and refer persons seeking assistance to the
286 appropriate service provider. The lead agency shall also
287 document the commitment of local government and private
288 organizations to provide matching funds or in-kind support in an
289 amount equal to the grant requested. Expenditures of leveraged
290 funds or resources, including third-party cash or in-kind
291 contributions, are permitted only for eligible activities
292 committed on one project which have not been used as leverage or
293 match for any other project or program and must be certified
294 through a written commitment.
295 (b) Preference must be given to those lead agencies that
296 have demonstrated the ability of their continuum of care to
297 provide quality services to homeless persons and the ability to
298 leverage federal homeless-assistance funding under the Stewart
299 B. McKinney Act and private funding for the provision of
300 services to homeless persons.
301 (c) Preference must be given to lead agencies in catchment
302 areas with the greatest need for the provision of housing and
303 services to the homeless, relative to the population of the
304 catchment area.
305 (d) The grant may be used to fund any of the housing,
306 program, or service needs included in the local homeless
307 assistance continuum of care plan. The lead agency may allocate
308 the grant to programs, services, or housing providers that
309 implement the local homeless assistance continuum care plan. The
310 lead agency may provide subgrants to a local agency to implement
311 programs or services or provide housing identified for funding
312 in the lead agency’s application to the department. A lead
313 agency may spend a maximum of 8 percent of its funding on
314 administrative costs.
315 (e) The lead agency shall submit a final report to the
316 department documenting the outcomes achieved by the grant in
317 enabling persons who are homeless to return to permanent housing
318 thereby ending such person’s episode of homelessness.
319 (5) The State Office on Homelessness, with the concurrence
320 of the Council on Homelessness, may administer moneys
321 appropriated to it to provide homeless housing assistance grants
322 annually to lead agencies for local homeless assistance
323 continuum of care, as recognized by the State Office on
324 Homelessness, to acquire, construct, or rehabilitate
325 transitional or permanent housing units for homeless persons.
326 These moneys shall consist of any sums that the state may
327 appropriate, as well as money received from donations, gifts,
328 bequests, or otherwise from any public or private source, which
329 are intended to acquire, construct, or rehabilitate transitional
330 or permanent housing units for homeless persons.
331 (a) Grant applicants shall be ranked competitively.
332 Preference must be given to applicants who leverage additional
333 private funds and public funds, particularly federal funds
334 designated for the acquisition, construction, or rehabilitation
335 of transitional or permanent housing for homeless persons; who
336 acquire, build, or rehabilitate the greatest number of units; or
337 and who acquire, build, or rehabilitate in catchment areas
338 having the greatest need for housing for the homeless relative
339 to the population of the catchment area.
340 (b) Funding for any particular project may not exceed
341 $750,000.
342 (c) Projects must reserve, for a minimum of 10 years, the
343 number of units acquired, constructed, or rehabilitated through
344 homeless housing assistance grant funding to serve persons who
345 are homeless at the time they assume tenancy.
346 (d) No more than two grants may be awarded annually in any
347 given local homeless assistance continuum of care catchment
348 area.
349 (e) A project may not be funded which is not included in
350 the local homeless assistance continuum of care plan, as
351 recognized by the State Office on Homelessness, for the
352 catchment area in which the project is located.
353 (f) The maximum percentage of funds that the State Office
354 on Homelessness and each applicant may spend on administrative
355 costs is 5 percent.
356 (6) The State Office on Homelessness, in conjunction with
357 the Council on Homelessness, shall establish performance
358 measures and specific objectives by which it may to evaluate the
359 effective performance and outcomes of lead agencies that receive
360 grant funds. Any funding through the State Office on
361 Homelessness shall be distributed to lead agencies based on
362 their overall performance and their achievement of specified
363 objectives. Each lead agency for which grants are made under
364 this section shall provide the State Office on Homelessness a
365 thorough evaluation of the effectiveness of the program in
366 achieving its stated purpose. In evaluating the performance of
367 the lead agencies, the State Office on Homelessness shall base
368 its criteria upon the program objectives, goals, and priorities
369 that were set forth by the lead agencies in their proposals for
370 funding. Such criteria may include, but not be limited to, the
371 number of persons or households that are no longer homeless, the
372 rate of recidivism to homelessness, and the number of persons
373 who obtain gainful employment homeless individuals provided
374 shelter, food, counseling, and job training.
375 Section 6. Subsections (3), (7), and (8) of section
376 420.624, Florida Statutes, are amended to read:
377 420.624 Local homeless assistance continuum of care.—
378 (3) Communities or regions seeking to implement a local
379 homeless assistance continuum of care are encouraged to develop
380 and annually update a written plan that includes a vision for
381 the continuum of care, an assessment of the supply of and demand
382 for housing and services for the homeless population, and
383 specific strategies and processes for providing the components
384 of the continuum of care. The State Office on Homelessness, in
385 conjunction with the Council on Homelessness, shall include in
386 the plan a methodology for assessing performance and outcomes.
387 The State Office on Homelessness shall supply a standardized
388 format for written plans, including the reporting of data.
389 (7) The components of a continuum of care plan should
390 include:
391 (a) Outreach, intake, and assessment procedures in order to
392 identify the service and housing needs of an individual or
393 family and to link them with appropriate housing, services,
394 resources, and opportunities;
395 (b) Emergency shelter, in order to provide a safe, decent
396 alternative to living in the streets;
397 (c) Transitional housing;
398 (d) Supportive services, designed to assist with the
399 development of the skills necessary to secure and retain
400 permanent housing;
401 (e) Permanent supportive housing;
402 (f) Rapid ReHousing, as specified in s. 420.6265;
403 (g)(f) Permanent housing;
404 (h)(g) Linkages and referral mechanisms among all
405 components to facilitate the movement of individuals and
406 families toward permanent housing and self-sufficiency;
407 (i)(h) Services and resources to prevent housed persons
408 from becoming or returning to homelessness; and
409 (j)(i) An ongoing planning mechanism to address the needs
410 of all subgroups of the homeless population, including but not
411 limited to:
412 1. Single adult males;
413 2. Single adult females;
414 3. Families with children;
415 4. Families with no children;
416 5. Unaccompanied children and youth;
417 6. Elderly persons;
418 7. Persons with drug or alcohol addictions;
419 8. Persons with mental illness;
420 9. Persons with dual or multiple physical or mental
421 disorders;
422 10. Victims of domestic violence; and
423 11. Persons living with HIV/AIDS.
424 (8) Continuum of care plans must promote participation by
425 all interested individuals and organizations and may not exclude
426 individuals and organizations on the basis of race, color,
427 national origin, sex, handicap, familial status, or religion.
428 Faith-based organizations must be encouraged to participate. To
429 the extent possible, these components must should be coordinated
430 and integrated with other mainstream health, social services,
431 and employment programs for which homeless populations may be
432 eligible, including Medicaid, State Children’s Health Insurance
433 Program, Temporary Assistance for Needy Families, Food
434 Assistance Program, and services funded through the Mental
435 Health and Substance Abuse Block Grant, the Workforce Investment
436 Act, and the welfare-to-work grant program.
437 Section 7. Section 420.6265, Florida Statutes, is created
438 to read:
439 420.6265 Rapid ReHousing.—
440 (1) LEGISLATIVE FINDINGS AND INTENT.—
441 (a) The Legislature finds that Rapid ReHousing is a
442 strategy of using temporary financial assistance and case
443 management to quickly move an individual or family out of
444 homelessness and into permanent housing.
445 (b) The Legislature also finds that public and private
446 solutions to homelessness in the past have focused on providing
447 individuals and families who are experiencing homelessness with
448 emergency shelter, transitional housing, or a combination of
449 both. While emergency shelter and transitional housing programs
450 may provide critical access to services for individuals and
451 families in crisis, the programs often fail to address their
452 long-term needs.
453 (c) The Legislature further finds that most households
454 become homeless as a result of a financial crisis that prevents
455 individuals and families from paying rent or a domestic conflict
456 that results in one member being ejected or leaving without
457 resources or a plan for housing.
458 (d) The Legislature further finds that Rapid ReHousing is
459 an alternative approach to the current system of emergency
460 shelter or transitional housing which tends to reduce the length
461 of time a person is homeless and has proven to be cost
462 effective.
463 (e) It is therefore the intent of the Legislature to
464 encourage homeless continuums of care to adopt the Rapid
465 ReHousing approach to preventing homelessness for individuals
466 and families who do not require the intense level of supports
467 provided in the permanent supportive housing model.
468 (2) RAPID REHOUSING METHODOLOGY.—
469 (a) The Rapid ReHousing response to homelessness differs
470 from traditional approaches to addressing homelessness by
471 focusing on each individual’s or family’s barriers to housing.
472 By using this approach, communities can significantly reduce the
473 amount of time that individuals and families are homeless and
474 prevent further episodes of homelessness.
475 (b) In Rapid ReHousing, an individual or family is
476 identified as being homeless, temporary assistance is provided
477 to allow the individual or family to obtain permanent housing as
478 quickly as possible, and, if needed, assistance is provided to
479 allow the individual or family to retain housing.
480 (c) The objective of Rapid ReHousing is to provide
481 assistance for as short a term as possible so that the
482 individual or family receiving assistance does not develop a
483 dependency on the assistance.
484 Section 8. Subsections (16), (25), and (26) of section
485 420.9071, Florida Statutes, are amended to read:
486 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
487 term:
488 (16) “Local housing incentive strategies” means local
489 regulatory reform or incentive programs to encourage or
490 facilitate affordable housing production, which include at a
491 minimum, assurance that permits as defined in s. 163.3164 for
492 affordable housing projects are expedited to a greater degree
493 than other projects, as provided in s. 163.3177(6)(f)3.; an
494 ongoing process for review of local policies, ordinances,
495 regulations, and plan provisions that increase the cost of
496 housing prior to their adoption; and a schedule for implementing
497 the incentive strategies. Local housing incentive strategies may
498 also include other regulatory reforms, such as those enumerated
499 in s. 420.9076 or those recommended by the affordable housing
500 advisory committee in its triennial evaluation of the
501 implementation of affordable housing incentives, and adopted by
502 the local governing body.
503 (25) “Recaptured funds” means funds that are recouped by a
504 county or eligible municipality in accordance with the recapture
505 provisions of its local housing assistance plan pursuant to s.
506 420.9075(5)(i) s. 420.9075(5)(h) from eligible persons or
507 eligible sponsors, which funds were not used for assistance to
508 an eligible household for an eligible activity, when there is a
509 default on the terms of a grant award or loan award.
510 (26) “Rent subsidies” means ongoing monthly rental
511 assistance. The term does not include initial assistance to
512 tenants, such as grants or loans for security and utility
513 deposits.
514 Section 9. Paragraph (b) of subsection (3) and subsection
515 (7) of section 420.9072, Florida Statutes, are amended to read:
516 420.9072 State Housing Initiatives Partnership Program.—The
517 State Housing Initiatives Partnership Program is created for the
518 purpose of providing funds to counties and eligible
519 municipalities as an incentive for the creation of local housing
520 partnerships, to expand production of and preserve affordable
521 housing, to further the housing element of the local government
522 comprehensive plan specific to affordable housing, and to
523 increase housing-related employment.
524 (3)
525 (b) Within 45 30 days after receiving a plan, the review
526 committee shall review the plan and either approve it or
527 identify inconsistencies with the requirements of the program.
528 The corporation shall assist a local government in revising its
529 plan if it initially proves to be inconsistent with program
530 requirements. A plan that is revised by the local government to
531 achieve consistency with program requirements shall be reviewed
532 within 45 30 days after submission. The deadlines for submitting
533 original and revised plans shall be established by corporation
534 rule; however, the corporation shall not require submission of a
535 new local housing assistance plan to implement amendments to
536 this act until the currently effective plan expires.
537 (7)(a) A county or an eligible municipality must expend its
538 portion of the local housing distribution only to implement a
539 local housing assistance plan or as provided in this subsection.
540 A county or an eligible municipality may not expend its portion
541 of the local housing distribution to provide rent subsidies;
542 however, this does not prohibit the use of funds for security
543 and utility deposit assistance.
544 (b) A county or an eligible municipality may not expend its
545 portion of the local housing distribution to provide ongoing
546 rent subsidies, except for:
547 1. Security and utility deposit assistance.
548 2. Eviction prevention not to exceed 6 months’ rent.
549 3. A rent subsidy program for very-low-income households
550 with at least one adult who is a person with special needs as
551 defined in s. 420.0004 or homeless as defined in s. 420.621. The
552 period of rental assistance may not exceed 12 months for any
553 eligible household.
554 Section 10. Paragraph (a) of subsection (2) of section
555 420.9075, Florida Statutes, is amended, paragraph (f) is added
556 to subsection (3) of that section, paragraph (e) of subsection
557 (4) of that section is amended, present paragraphs (b) through
558 (l) of subsection (5) of that section are redesignated as
559 paragraphs (c) through (m), respectively, present paragraph (l)
560 of that subsection is amended, and a new paragraph (b) is added
561 to that subsection, paragraph (i) is added to subsection (10) of
562 that section, and paragraph (b) of subsection (13) of that
563 section is amended, to read:
564 420.9075 Local housing assistance plans; partnerships.—
565 (2)(a) Each county and each eligible municipality
566 participating in the State Housing Initiatives Partnership
567 Program shall encourage the involvement of appropriate public
568 sector and private sector entities as partners in order to
569 combine resources to reduce housing costs for the targeted
570 population. This partnership process should involve:
571 1. Lending institutions.
572 2. Housing builders and developers.
573 3. Nonprofit and other community-based housing and service
574 organizations.
575 4. Providers of professional services relating to
576 affordable housing.
577 5. Advocates for low-income persons, including, but not
578 limited to, homeless people, the elderly, and migrant
579 farmworkers.
580 6. Real estate professionals.
581 7. Other persons or entities who can assist in providing
582 housing or related support services.
583 8. Lead agencies of local homeless assistance continuums of
584 care.
585 (3)
586 (f) Each county and eligible municipality is encouraged to
587 develop a strategy within its local housing assistance plan
588 which provides program funds for reducing homelessness.
589 (4) Each local housing assistance plan is governed by the
590 following criteria and administrative procedures:
591 (e) The staff or entity that has administrative authority
592 for implementing a local housing assistance plan assisting
593 rental developments shall annually monitor and determine tenant
594 eligibility or, to the extent another governmental entity or
595 corporation program provides periodic the same monitoring and
596 determination, a municipality, county, or local housing
597 financing authority may rely on such monitoring and
598 determination of tenant eligibility. However, any loan or grant
599 in the original amount of $10,000 3,000 or less is shall not be
600 subject to these annual monitoring and determination of tenant
601 eligibility requirements.
602 (5) The following criteria apply to awards made to eligible
603 sponsors or eligible persons for the purpose of providing
604 eligible housing:
605 (b) Up to 25 percent of the funds made available in each
606 county and eligible municipality from the local housing
607 distribution may be reserved for rental housing for eligible
608 persons or for the purposes enumerated in s. 420.9072(7)(b).
609 (m)(l) Funds from the local housing distribution not used
610 to meet the criteria established in paragraph (a) or paragraph
611 (c) (b) or not used for the administration of a local housing
612 assistance plan must be used for housing production and finance
613 activities, including, but not limited to, financing
614 preconstruction activities or the purchase of existing units,
615 providing rental housing, and providing home ownership training
616 to prospective home buyers and owners of homes assisted through
617 the local housing assistance plan.
618 1. Notwithstanding the provisions of paragraphs (a) and (c)
619 (b), program income as defined in s. 420.9071(24) may also be
620 used to fund activities described in this paragraph.
621 2. When preconstruction due-diligence activities conducted
622 as part of a preservation strategy show that preservation of the
623 units is not feasible and will not result in the production of
624 an eligible unit, such costs shall be deemed a program expense
625 rather than an administrative expense if such program expenses
626 do not exceed 3 percent of the annual local housing
627 distribution.
628 3. If both an award under the local housing assistance plan
629 and federal low-income housing tax credits are used to assist a
630 project and there is a conflict between the criteria prescribed
631 in this subsection and the requirements of s. 42 of the Internal
632 Revenue Code of 1986, as amended, the county or eligible
633 municipality may resolve the conflict by giving precedence to
634 the requirements of s. 42 of the Internal Revenue Code of 1986,
635 as amended, in lieu of following the criteria prescribed in this
636 subsection with the exception of paragraphs (a) and (f) (e) of
637 this subsection.
638 4. Each county and each eligible municipality may award
639 funds as a grant for construction, rehabilitation, or repair as
640 part of disaster recovery or emergency repairs or to remedy
641 accessibility or health and safety deficiencies. Any other
642 grants must be approved as part of the local housing assistance
643 plan.
644 (10) Each county or eligible municipality shall submit to
645 the corporation by September 15 of each year a report of its
646 affordable housing programs and accomplishments through June 30
647 immediately preceding submittal of the report. The report shall
648 be certified as accurate and complete by the local government’s
649 chief elected official or his or her designee. Transmittal of
650 the annual report by a county’s or eligible municipality’s chief
651 elected official, or his or her designee, certifies that the
652 local housing incentive strategies, or, if applicable, the local
653 housing incentive plan, have been implemented or are in the
654 process of being implemented pursuant to the adopted schedule
655 for implementation. The report must include, but is not limited
656 to:
657 (i) A description of efforts to reduce homelessness.
658 (13)
659 (b) If, as a result of its review of the annual report, the
660 corporation determines that a county or eligible municipality
661 has failed to implement a local housing incentive strategy, or,
662 if applicable, a local housing incentive plan, it shall send a
663 notice of termination of the local government’s share of the
664 local housing distribution by certified mail to the affected
665 county or eligible municipality.
666 1. The notice must specify a date of termination of the
667 funding if the affected county or eligible municipality does not
668 implement the plan or strategy and provide for a local response.
669 A county or eligible municipality shall respond to the
670 corporation within 30 days after receipt of the notice of
671 termination.
672 2. The corporation shall consider the local response that
673 extenuating circumstances precluded implementation and grant an
674 extension to the timeframe for implementation. Such an extension
675 shall be made in the form of an extension agreement that
676 provides a timeframe for implementation. The chief elected
677 official of a county or eligible municipality or his or her
678 designee shall have the authority to enter into the agreement on
679 behalf of the local government.
680 3. If the county or the eligible municipality has not
681 implemented the incentive strategy or entered into an extension
682 agreement by the termination date specified in the notice, the
683 local housing distribution share terminates, and any uncommitted
684 local housing distribution funds held by the affected county or
685 eligible municipality in its local housing assistance trust fund
686 shall be transferred to the Local Government Housing Trust Fund
687 to the credit of the corporation to administer.
688 4.a. If the affected local government fails to meet the
689 timeframes specified in the agreement, the corporation shall
690 terminate funds. The corporation shall send a notice of
691 termination of the local government’s share of the local housing
692 distribution by certified mail to the affected local government.
693 The notice shall specify the termination date, and any
694 uncommitted funds held by the affected local government shall be
695 transferred to the Local Government Housing Trust Fund to the
696 credit of the corporation to administer.
697 b. If the corporation terminates funds to a county, but an
698 eligible municipality receiving a local housing distribution
699 pursuant to an interlocal agreement maintains compliance with
700 program requirements, the corporation shall thereafter
701 distribute directly to the participating eligible municipality
702 its share calculated in the manner provided in ss. s. 420.9072
703 and 420.9073.
704 c. Any county or eligible municipality whose local
705 distribution share has been terminated may subsequently elect to
706 receive directly its local distribution share by adopting the
707 ordinance, resolution, and local housing assistance plan in the
708 manner and according to the procedures provided in ss. 420.907
709 420.9079.
710 Section 11. Subsection (2), paragraph (a) of subsection
711 (4), and paragraph (b) of subsection (7) of section 420.9076,
712 Florida Statutes, are amended to read:
713 420.9076 Adoption of affordable housing incentive
714 strategies; committees.—
715 (2) The governing board of a county or municipality shall
716 appoint the members of the affordable housing advisory committee
717 by resolution. Pursuant to the terms of any interlocal
718 agreement, a county and municipality may create and jointly
719 appoint an advisory committee to prepare a joint plan. The local
720 action ordinance adopted pursuant to s. 420.9072 which creates
721 the advisory committee and appoints or the resolution appointing
722 the advisory committee members must name at least 8 but not more
723 than 11 provide for 11 committee members and specify their
724 terms. The committee must consist of one representative from at
725 least six of the categories below include:
726 (a) A One citizen who is actively engaged in the
727 residential home building industry in connection with affordable
728 housing.
729 (b) A One citizen who is actively engaged in the banking or
730 mortgage banking industry in connection with affordable housing.
731 (c) A One citizen who is a representative of those areas of
732 labor actively engaged in home building in connection with
733 affordable housing.
734 (d) A One citizen who is actively engaged as an advocate
735 for low-income persons in connection with affordable housing.
736 (e) A One citizen who is actively engaged as a for-profit
737 provider of affordable housing.
738 (f) A One citizen who is actively engaged as a not-for
739 profit provider of affordable housing.
740 (g) A One citizen who is actively engaged as a real estate
741 professional in connection with affordable housing.
742 (h) A One citizen who actively serves on the local planning
743 agency pursuant to s. 163.3174. If the local planning agency is
744 comprised of the governing board of the county or municipality,
745 the governing board may appoint a designee who is knowledgeable
746 in the local planning process.
747 (i) A One citizen who resides within the jurisdiction of
748 the local governing body making the appointments.
749 (j) A One citizen who represents employers within the
750 jurisdiction.
751 (k) A One citizen who represents essential services
752 personnel, as defined in the local housing assistance plan.
753
754 If a county or eligible municipality whether due to its small
755 size, the presence of a conflict of interest by prospective
756 appointees, or other reasonable factor, is unable to appoint a
757 citizen actively engaged in these activities in connection with
758 affordable housing, a citizen engaged in the activity without
759 regard to affordable housing may be appointed. Local governments
760 that receive the minimum allocation under the State Housing
761 Initiatives Partnership Program may elect to appoint an
762 affordable housing advisory committee with fewer than 11
763 representatives if they are unable to find representatives who
764 meet the criteria of paragraphs (a)-(k).
765 (4) Triennially, the advisory committee shall review the
766 established policies and procedures, ordinances, land
767 development regulations, and adopted local government
768 comprehensive plan of the appointing local government and shall
769 recommend specific actions or initiatives to encourage or
770 facilitate affordable housing while protecting the ability of
771 the property to appreciate in value. The recommendations may
772 include the modification or repeal of existing policies,
773 procedures, ordinances, regulations, or plan provisions; the
774 creation of exceptions applicable to affordable housing; or the
775 adoption of new policies, procedures, regulations, ordinances,
776 or plan provisions, including recommendations to amend the local
777 government comprehensive plan and corresponding regulations,
778 ordinances, and other policies. At a minimum, each advisory
779 committee shall submit a report to the local governing body that
780 includes recommendations on, and triennially thereafter
781 evaluates the implementation of, affordable housing incentives
782 in the following areas:
783 (a) The processing of approvals of development orders or
784 permits, as defined in s. 163.3164, for affordable housing
785 projects is expedited to a greater degree than other projects,
786 as provided in s. 163.3177(6)(f)3.
787
788 The advisory committee recommendations may also include other
789 affordable housing incentives identified by the advisory
790 committee. Local governments that receive the minimum allocation
791 under the State Housing Initiatives Partnership Program shall
792 perform the initial review but may elect to not perform the
793 triennial review.
794 (7) The governing board of the county or the eligible
795 municipality shall notify the corporation by certified mail of
796 its adoption of an amendment of its local housing assistance
797 plan to incorporate local housing incentive strategies. The
798 notice must include a copy of the approved amended plan.
799 (b) If a county fails to timely adopt an amended local
800 housing assistance plan to incorporate local housing incentive
801 strategies but an eligible municipality receiving a local
802 housing distribution pursuant to an interlocal agreement within
803 the county does timely adopt an amended local housing assistance
804 plan to incorporate local housing incentive strategies, the
805 corporation, after issuance receipt of a notice of termination,
806 shall thereafter distribute directly to the participating
807 eligible municipality its share calculated in the manner
808 provided in s. 420.9073 s. 420.9072.
809 Section 12. Section 420.9089, Florida Statutes, is created
810 to read:
811 420.9089 National Housing Trust Fund.—The Legislature finds
812 that more funding for housing to assist individuals and families
813 who are experiencing homelessness or who are at risk of
814 homelessness is needed and encourages the state entity
815 designated to administer funds made available to the state from
816 the National Housing Trust Fund to propose an allocation plan
817 that includes strategies to reduce homelessness and the risk of
818 homelessness in this state. These strategies shall be in
819 addition to strategies developed under s.
820
821 ================= T I T L E A M E N D M E N T ================
822 And the title is amended as follows:
823 Delete lines 4 - 70
824 and insert:
825 420.503, F.S.; redefining the term “service provider”;
826 amending s. 420.507, F.S.; revising the powers that
827 the Florida Housing Finance Corporation may exercise
828 in developing and administering the State Apartment
829 Incentive Loan Program; deleting a specified timeframe
830 in which the corporation may preclude certain
831 applicants or affiliates of an applicant from further
832 participation in any of the corporation’s programs;
833 amending s. 420.5087, F.S.; requiring that State
834 Apartment Incentive Loan Program funds be made
835 available through a competitive solicitation process,
836 subject to certain requirements; requiring program
837 funds be made available for use by certain sponsors
838 during the first 6 months of loan or loan guarantee
839 availability, subject to certain requirements;
840 revising requirements related to all state apartment
841 incentive loans, with the exception of certain loans
842 made to housing communities for the elderly; deleting
843 provisions related to the reservation of funds related
844 to certain tenant groups; conforming a cross
845 reference; amending s. 420.511, F.S.; deleting a
846 requirement that the corporation’s business plan and
847 annual report recognize certain fiscal periods;
848 amending s. 420.622, F.S.; requiring that the State
849 Office on Homelessness coordinate among certain
850 agencies and providers to produce a statewide
851 consolidated inventory for the state’s entire system
852 of homeless programs which incorporates regionally
853 developed plans; directing the office to create a task
854 force to make recommendations regarding the
855 implementation of a statewide Homeless Management
856 Information System (HMIS), subject to certain
857 requirements; requiring the task force to include in
858 its recommendations the development of a statewide,
859 centralized coordinated assessment system; requiring
860 the task force to submit a report to the Council on
861 Homelessness by a specified date; deleting the
862 requirement that the Council on Homelessness explore
863 the potential of creating a statewide Homeless
864 Management Information System and encourage future
865 participation of certain award or grant recipients;
866 requiring the State Office on Homelessness to accept
867 and administer moneys appropriated to it to provide
868 annual Challenge Grants to certain lead agencies of
869 homeless assistance continuums of care; removing the
870 requirement that levels of grant awards be based upon
871 the total population within the continuum of care
872 catchment area and reflect the differing degrees of
873 homelessness in the respective areas; allowing
874 expenditures of leveraged funds or resources only for
875 eligible activities, subject to certain requirements;
876 requiring the State Office on Homelessness, in
877 conjunction with the Council on Homelessness, to
878 establish specific objectives by which it may evaluate
879 the outcomes of certain lead agencies; requiring that
880 any funding through the State Office on Homelessness
881 be distributed to lead agencies based on their
882 performance and achievement of specified objectives;
883 revising the factors that may be included as criteria
884 for evaluating the performance of lead agencies;
885 amending s. 420.624, F.S.; revising requirements for
886 the local homeless assistance continuum of care plan;
887 providing that the components of a continuum of care
888 plan should include Rapid ReHousing; requiring that
889 specified components of a continuum of care plan be
890 coordinated and integrated with other specified
891 services and programs; creating s. 420.6265, F.S.;
892 providing legislative findings and intent relating to
893 Rapid ReHousing; providing a Rapid ReHousing
894 methodology; amending s. 420.9071, F.S.; redefining
895 the terms “local housing incentive strategies” and
896 “rent subsidies”; conforming a cross-reference;
897 amending s. 420.9072, F.S.; increasing the number of
898 days within which a review committee is required to
899 review a local housing assistance plan or plan
900 revision after receiving it; prohibiting a county or
901 an eligible municipality from expending its portion of
902 the local housing distribution to provide ongoing rent
903 subsidies; specifying exceptions; amending s.
904 420.9075, F.S.; providing that a certain partnership
905 process of the State Housing Initiatives Partnership
906 Program should involve lead agencies of local homeless
907 assistance continuums of care; encouraging counties
908 and eligible municipalities to develop a strategy
909 within their local housing assistance plans which
910 provides program funds for reducing homelessness;
911 revising criteria and administrative procedures
912 governing each local housing assistance plan; revising
913 the criteria that apply to awards made to sponsors or
914 persons for the purpose of providing housing;
915 requiring that a specified report submitted by
916 counties and municipalities include a description of
917 efforts to reduce homelessness; revising the manner in
918 which a certain share that the corporation distributes
919 directly to a participating eligible municipality is
920 calculated; conforming cross-references; amending s.
921 420.9076, F.S.; revising requirements related to the
922 creation and appointment of members of affordable
923 housing advisory committees; revising requirements
924 related to a report submitted by each advisory
925 committee to the local governing body on affordable
926 housing incentives; requiring the corporation, after
927 issuance of a notice of termination, to distribute
928 directly to a participating eligible municipality a
929 county’s share under certain circumstances calculated
930 in a specified manner; creating s. 420.9089, F.S.;