Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1534
       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         420.503, F.S.; redefining the term “service provider”;
    4         amending s. 420.507, F.S.; revising the powers that
    5         the Florida Housing Finance Corporation may exercise
    6         in developing and administering the State Apartment
    7         Incentive Loan Program; deleting a specified timeframe
    8         in which the corporation may preclude certain
    9         applicants or affiliates of an applicant from further
   10         participation in any of the corporation’s programs;
   11         amending s. 420.5087, F.S.; requiring that State
   12         Apartment Incentive Loan Program funds be made
   13         available through a competitive solicitation process,
   14         subject to certain requirements; requiring program
   15         funds be made available for use by certain sponsors
   16         during the first 6 months of loan or loan guarantee
   17         availability, subject to certain requirements;
   18         revising requirements related to all state apartment
   19         incentive loans, with the exception of certain loans
   20         made to housing communities for the elderly; deleting
   21         provisions related to the reservation of funds related
   22         to certain tenant groups; conforming a cross
   23         reference; amending s. 420.511, F.S.; deleting a
   24         requirement that the corporation’s business plan and
   25         annual report recognize certain fiscal periods;
   26         amending s. 420.622, F.S.; requiring that the State
   27         Office on Homelessness coordinate among certain
   28         agencies and providers to produce a statewide
   29         consolidated inventory for the state’s entire system
   30         of homeless programs which incorporates regionally
   31         developed plans; directing the office to create a task
   32         force to make recommendations regarding the
   33         implementation of a statewide Homeless Management
   34         Information System (HMIS), subject to certain
   35         requirements; requiring the task force to include in
   36         its recommendations the development of a statewide,
   37         centralized coordinated assessment system; requiring
   38         the task force to submit a report to the Council on
   39         Homelessness by a specified date; deleting the
   40         requirement that the Council on Homelessness explore
   41         the potential of creating a statewide Homeless
   42         Management Information System and encourage future
   43         participation of certain award or grant recipients;
   44         requiring the State Office on Homelessness to accept
   45         and administer moneys appropriated to it to provide
   46         annual Challenge Grants to certain lead agencies of
   47         homeless assistance continuums of care; removing the
   48         requirement that levels of grant awards be based upon
   49         the total population within the continuum of care
   50         catchment area and reflect the differing degrees of
   51         homelessness in the respective areas; allowing
   52         expenditures of leveraged funds or resources only for
   53         eligible activities, subject to certain requirements;
   54         requiring the State Office on Homelessness, in
   55         conjunction with the Council on Homelessness, to
   56         establish specific objectives by which it may evaluate
   57         the outcomes of certain lead agencies; requiring that
   58         any funding through the State Office on Homelessness
   59         be distributed to lead agencies based on their
   60         performance and achievement of specified objectives;
   61         revising the factors that may be included as criteria
   62         for evaluating the performance of lead agencies;
   63         amending s. 420.624, F.S.; revising requirements for
   64         the local homeless assistance continuum of care plan;
   65         providing that the components of a continuum of care
   66         plan should include Rapid ReHousing; requiring that
   67         specified components of a continuum of care plan be
   68         coordinated and integrated with other specified
   69         services and programs; creating s. 420.6265, F.S.;
   70         providing legislative findings and intent relating to
   71         Rapid ReHousing; providing a Rapid ReHousing
   72         methodology; amending s. 420.9071, F.S.; redefining
   73         the terms “local housing incentive strategies” and
   74         “rent subsidies”; conforming a cross-reference;
   75         amending s. 420.9072, F.S.; increasing the number of
   76         days within which a review committee is required to
   77         review a local housing assistance plan or plan
   78         revision after receiving it; prohibiting a county or
   79         an eligible municipality from expending its portion of
   80         the local housing distribution to provide ongoing rent
   81         subsidies; specifying exceptions; amending s.
   82         420.9075, F.S.; providing that a certain partnership
   83         process of the State Housing Initiatives Partnership
   84         Program should involve lead agencies of local homeless
   85         assistance continuums of care; encouraging counties
   86         and eligible municipalities to develop a strategy
   87         within their local housing assistance plans which
   88         provides program funds for reducing homelessness;
   89         revising criteria and administrative procedures
   90         governing each local housing assistance plan; revising
   91         the criteria that apply to awards made to sponsors or
   92         persons for the purpose of providing housing;
   93         requiring that a specified report submitted by
   94         counties and municipalities include a description of
   95         efforts to reduce homelessness; revising the manner in
   96         which a certain share that the corporation distributes
   97         directly to a participating eligible municipality is
   98         calculated; conforming cross-references; amending s.
   99         420.9076, F.S.; revising requirements related to the
  100         creation and appointment of members of affordable
  101         housing advisory committees; revising requirements
  102         related to a report submitted by each advisory
  103         committee to the local governing body on affordable
  104         housing incentives; requiring the corporation, after
  105         issuance of a notice of termination, to distribute
  106         directly to a participating eligible municipality a
  107         county’s share under certain circumstances calculated
  108         in a specified manner; creating s. 420.9089, F.S.;
  109         providing legislative findings and intent; amending s.
  110         421.04, F.S.; prohibiting a housing authority from
  111         applying to the Federal Government to seize projects,
  112         units, or vouchers of another established housing
  113         authority; amending s. 421.05, F.S.; exempting
  114         authorities from s. 215.425, F.S.; amending s.
  115         421.091, F.S.; requiring a full financial accounting
  116         and audit of public housing agencies to be submitted
  117         to the Federal Government pursuant to certain
  118         requirements; exempting housing authorities from
  119         specified reporting requirements; providing an
  120         effective date.
  122  Be It Enacted by the Legislature of the State of Florida:
  124         Section 1. Subsection (36) of section 420.503, Florida
  125  Statutes, is amended to read:
  126         420.503 Definitions.—As used in this part, the term:
  127         (36) “Service provider,” except as otherwise defined in s.
  128  420.512(5), means a law firm, investment bank, certified public
  129  accounting firm, auditor, trustee bank, credit underwriter,
  130  homeowner loan servicer, or any other provider of services to
  131  the corporation which offers to perform or performs services to
  132  the corporation or other provider for fees in excess of $35,000
  133  $25,000 in the aggregate during any fiscal year of the
  134  corporation. The term includes the agents, officers, principals,
  135  and professional employees of the service provider.
  136         Section 2. Paragraphs (a) and (b) of subsection (22) of
  137  section 420.507, Florida Statutes, are amended, present
  138  paragraphs (d) through (i) of that subsection are redesignated
  139  as (e) through (j), respectively, a new paragraph (d) is added
  140  to that subsection, and subsection (35) of that section is
  141  amended, to read:
  142         420.507 Powers of the corporation.—The corporation shall
  143  have all the powers necessary or convenient to carry out and
  144  effectuate the purposes and provisions of this part, including
  145  the following powers which are in addition to all other powers
  146  granted by other provisions of this part:
  147         (22) To develop and administer the State Apartment
  148  Incentive Loan Program. In developing and administering that
  149  program, the corporation may:
  150         (a) Make first, second, and other subordinated mortgage
  151  loans including variable or fixed rate loans subject to
  152  contingent interest for all State Apartment Incentive Loans
  153  provided in this chapter based upon available cash flow of the
  154  projects. The corporation shall make loans exceeding 25 percent
  155  of project cost only to nonprofit organizations and public
  156  bodies that are able to secure grants, donations of land, or
  157  contributions from other sources and to projects meeting the
  158  criteria of subparagraph 1. Mortgage loans shall be made
  159  available at the following rates of interest:
  160         1. Zero to 3 percent interest for sponsors of projects that
  161  set aside at least 80 percent of their total units for residents
  162  qualifying as farmworkers, commercial fishing workers, the
  163  homeless as defined in s. 420.621, or persons with special needs
  164  as defined in s. 420.0004(13) over the life of the loan.
  165         2. Zero to 3 percent interest based on the pro rata share
  166  of units set aside for homeless residents or persons with
  167  special needs if the total of such units is less than 80 percent
  168  of the units in the borrower’s project.
  169         3. One to 9 percent interest for sponsors of projects
  170  targeted at populations other than farmworkers, commercial
  171  fishing workers, the homeless persons, or persons with special
  172  needs.
  173         (b) Make loans exceeding 25 percent of project cost when
  174  the project serves extremely-low-income persons or projects as
  175  provided in paragraph (d).
  176         (d) In counties or rural areas of counties that do not have
  177  existing units set aside for homeless persons, forgive
  178  indebtedness for loans provided to create permanent rental
  179  housing units for persons who are homeless, as defined in s.
  180  420.621(5), or for persons residing in time-limited transitional
  181  housing or institutions as a result of a lack of permanent,
  182  affordable housing. Such developments must be supported by a
  183  local homeless assistance continuum of care developed under s.
  184  420.624; be developed by nonprofit applicants; be small
  185  properties as defined by corporation rule; and be a project in
  186  the local housing assistance continuum of care plan recognized
  187  by the State Office on Homelessness.
  188         (35) To preclude from further participation in any of the
  189  corporation’s programs, for a period of up to 2 years, any
  190  applicant or affiliate of an applicant which has made a material
  191  misrepresentation or engaged in fraudulent actions in connection
  192  with any application for a corporation program.
  193         Section 3. Subsections (1) and (3), paragraphs (b), (f),
  194  and (k) of subsection (6), and subsection (10) of section
  195  420.5087, Florida Statutes, are amended to read:
  196         420.5087 State Apartment Incentive Loan Program.—There is
  197  hereby created the State Apartment Incentive Loan Program for
  198  the purpose of providing first, second, or other subordinated
  199  mortgage loans or loan guarantees to sponsors, including for
  200  profit, nonprofit, and public entities, to provide housing
  201  affordable to very-low-income persons.
  202         (1) Program funds shall be made available through a
  203  competitive solicitation process distributed over successive 3
  204  year periods in a manner that meets the need and demand for
  205  very-low-income housing throughout the state. That need and
  206  demand must be determined by using the most recent statewide
  207  low-income rental housing market studies conducted every 3 years
  208  available at the beginning of each 3-year period. However, at
  209  least 10 percent of the program funds, as calculated on an
  210  annual basis, distributed during a 3-year period must be made
  211  available allocated to each of the following categories of
  212  counties, as determined by using the population statistics
  213  published in the most recent edition of the Florida Statistical
  214  Abstract:
  215         (a) Counties that have a population of 825,000 or more.
  216         (b) Counties that have a population of more than 100,000
  217  but less than 825,000.
  218         (c) Counties that have a population of 100,000 or less.
  220  Any increase in funding required to reach the 10-percent minimum
  221  shall be taken from the county category that has the largest
  222  portion of the funding allocation. The corporation shall adopt
  223  rules that which establish an equitable process for distributing
  224  any portion of the 10 percent of program funds made available
  225  allocated to the county categories specified in this subsection
  226  which remains unallocated at the end of a 3-year period.
  227  Counties that have a population of 100,000 or less shall be
  228  given preference under these rules.
  229         (3) During the first 6 months of loan or loan guarantee
  230  availability, program funds shall be made available reserved for
  231  use by sponsors who provide the housing set-aside required in
  232  subsection (2) for the tenant groups designated in this
  233  subsection. The reservation of funds made available to each of
  234  these groups shall be determined using the most recent statewide
  235  very-low-income rental housing market study available at the
  236  time of publication of each notice of fund availability required
  237  by paragraph (6)(b). The reservation of funds made available
  238  within each notice of fund availability to the tenant groups in
  239  paragraphs (b)-(e) (a), (b), and (e) may not be less than 10
  240  percent of the funds available at that time. Any increase in
  241  funding required to reach the required 10-percent minimum must
  242  be taken from the tenant group that would receive has the
  243  largest percentage of available funds in accordance with the
  244  study reservation. The reservation of funds made available
  245  within each notice of fund availability to the tenant group in
  246  paragraph (a) (c) may not be less than 5 percent of the funds
  247  available at that time. The reservation of funds within each
  248  notice of fund availability to the tenant group in paragraph (d)
  249  may not be more than 10 percent of the funds available at that
  250  time. The tenant groups are:
  251         (a) Commercial fishing workers and farmworkers;
  252         (b) Families;
  253         (c) Persons who are homeless;
  254         (d) Persons with special needs; and
  255         (e) Elderly persons. Ten percent of the amount made
  256  available reserved for the elderly shall be reserved to provide
  257  loans to sponsors of housing for the elderly for the purpose of
  258  making building preservation, health, or sanitation repairs or
  259  improvements which are required by federal, state, or local
  260  regulation or code, or lifesafety or security-related repairs or
  261  improvements to such housing. Such a loan may not exceed
  262  $750,000 per housing community for the elderly. In order to
  263  receive the loan, the sponsor of the housing community must make
  264  a commitment to match at least 5 percent of the loan amount to
  265  pay the cost of such repair or improvement. The corporation
  266  shall establish the rate of interest on the loan, which may not
  267  exceed 3 percent, and the term of the loan, which may not exceed
  268  15 years; however, if the lien of the corporation’s encumbrance
  269  is subordinate to the lien of another mortgagee, then the term
  270  may be made coterminous with the longest term of the superior
  271  lien. The term of the loan shall be based on a credit analysis
  272  of the applicant. The corporation may forgive indebtedness for a
  273  share of the loan attributable to the units in a project
  274  reserved for extremely-low-income elderly by nonprofit
  275  organizations, as defined in s. 420.0004(5), where the project
  276  has provided affordable housing to the elderly for 15 years or
  277  more. The corporation shall establish, by rule, the procedure
  278  and criteria for receiving, evaluating, and competitively
  279  ranking all applications for loans under this paragraph. A loan
  280  application must include evidence of the first mortgagee’s
  281  having reviewed and approved the sponsor’s intent to apply for a
  282  loan. A nonprofit organization or sponsor may not use the
  283  proceeds of the loan to pay for administrative costs, routine
  284  maintenance, or new construction.
  285         (6) On all state apartment incentive loans, except loans
  286  made to housing communities for the elderly to provide for
  287  lifesafety, building preservation, health, sanitation, or
  288  security-related repairs or improvements, the following
  289  provisions shall apply:
  290         (b) The corporation shall publish a notice of fund
  291  availability in a publication of general circulation throughout
  292  the state. Such notice shall be published at least 60 days prior
  293  to the application deadline and shall provide notice of the
  294  availability temporary reservations of funds established in
  295  subsection (3).
  296         (f) The review committee established by corporation rule
  297  pursuant to this subsection shall make recommendations to the
  298  board of directors of the corporation regarding program
  299  participation under the State Apartment Incentive Loan Program.
  300  The corporation board shall make the final decisions regarding
  301  which applicants shall become program participants based on the
  302  scores received in the competitive process, further review of
  303  applications, and the recommendations of the review committee.
  304  The corporation board shall approve or reject applications for
  305  loans and shall determine the tentative loan amount available to
  306  each applicant selected for participation in the program. The
  307  actual loan amount shall be determined pursuant to rule adopted
  308  pursuant to s. 420.507(22)(i) s. 420.507(22)(h).
  309         (k) Rent controls shall not be allowed on any project
  310  except as required in conjunction with the issuance of tax
  311  exempt bonds or federal low-income housing tax credits and
  312  except when the sponsor has committed to set aside units for
  313  extremely-low-income persons, in which case rents shall be set
  314  restricted at the income set-aside levels committed to by the
  315  sponsor at the level applicable income limitations established
  316  by the corporation for federal low-income tax credits.
  317         (10)(a) Notwithstanding subsection (3), for the 2015-2016
  318  fiscal year, the reservation of funds for the tenant groups
  319  within each notice of fund availability shall be:
  320         1. Not less than 10 percent of the funds available at that
  321  time for the following tenant groups:
  322         a. Families;
  323         b. Persons who are homeless;
  324         c. Persons with special needs; and
  325         d. Elderly persons.
  326         2. Not less than 5 percent of the funds available at that
  327  time for the commercial fishing workers and farmworkers tenant
  328  group.
  329         (b) This subsection expires July 1, 2016.
  330         Section 4. Subsection (5) of section 420.511, Florida
  331  Statutes, is amended to read:
  332         420.511 Strategic business plan; long-range program plan;
  333  annual report; audited financial statements.—
  334         (5) The Auditor General shall conduct an operational audit
  335  of the accounts and records of the corporation and provide a
  336  written report on the audit to the President of the Senate and
  337  the Speaker of the House of Representatives by December 1, 2016.
  338  Both the corporation’s business plan and annual report must
  339  recognize the different fiscal periods under which the
  340  corporation, the state, the Federal Government, and local
  341  governments operate.
  342         Section 5. Paragraphs (a) and (b) of subsection (3) and
  343  subsections (4), (5), and (6) of section 420.622, Florida
  344  Statutes, are amended to read:
  345         420.622 State Office on Homelessness; Council on
  346  Homelessness.—
  347         (3) The State Office on Homelessness, pursuant to the
  348  policies set by the council and subject to the availability of
  349  funding, shall:
  350         (a) Coordinate among state, local, and private agencies and
  351  providers to produce a statewide consolidated inventory program
  352  and financial plan for the state’s entire system of homeless
  353  programs which incorporates regionally developed plans. Such
  354  programs include, but are not limited to:
  355         1. Programs authorized under the Stewart B. McKinney
  356  Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq.,
  357  and carried out under funds awarded to this state; and
  358         2. Programs, components thereof, or activities that assist
  359  persons who are homeless or at risk for homelessness.
  360         (b) Collect, maintain, and make available information
  361  concerning persons who are homeless or at risk for homelessness,
  362  including demographics information, current services and
  363  resources available, the cost and availability of services and
  364  programs, and the met and unmet needs of this population. All
  365  entities that receive state funding must provide access to all
  366  data they maintain in summary form, with no individual
  367  identifying information, to assist the council in providing this
  368  information. The State Office on Homelessness shall establish a
  369  task force to make recommendations regarding the implementation
  370  of a statewide Homeless Management Information System (HMIS).
  371  The task force shall define the conceptual framework of such a
  372  system; study existing statewide HMIS models; establish an
  373  inventory of local HMIS systems, including providers and license
  374  capacity; examine the aggregated reporting being provided by
  375  local continuums of care; complete an analysis of current
  376  continuum of care resources; and provide recommendations on the
  377  costs and benefits of implementing a statewide HMIS. The task
  378  force shall also make recommendations regarding the development
  379  of a statewide, centralized coordinated assessment system in
  380  conjunction with the implementation of a statewide HMIS. The
  381  task force findings must be reported to the Council on
  382  Homelessness no later than December 31, 2016. The council shall
  383  explore the potential of creating a statewide Management
  384  Information System (MIS), encouraging the future participation
  385  of any bodies that are receiving awards or grants from the
  386  state, if such a system were adopted, enacted, and accepted by
  387  the state.
  388         (4) The State Office on Homelessness, with the concurrence
  389  of the Council on Homelessness, shall may accept and administer
  390  moneys appropriated to it to provide annual “Challenge Grants”
  391  to lead agencies of homeless assistance continuums of care
  392  designated by the State Office on Homelessness pursuant to s.
  393  420.624. The department shall establish varying levels of grant
  394  awards up to $500,000 per lead agency. Award levels shall be
  395  based upon the total population within the continuum of care
  396  catchment area and reflect the differing degrees of homelessness
  397  in the catchment planning areas. The department, in consultation
  398  with the Council on Homelessness, shall specify a grant award
  399  level in the notice of the solicitation of grant applications.
  400         (a) To qualify for the grant, a lead agency must develop
  401  and implement a local homeless assistance continuum of care plan
  402  for its designated catchment area. The continuum of care plan
  403  must implement a coordinated assessment or central intake system
  404  to screen, assess, and refer persons seeking assistance to the
  405  appropriate service provider. The lead agency shall also
  406  document the commitment of local government and private
  407  organizations to provide matching funds or in-kind support in an
  408  amount equal to the grant requested. Expenditures of leveraged
  409  funds or resources, including third-party cash or in-kind
  410  contributions, are permitted only for eligible activities
  411  committed on one project which have not been used as leverage or
  412  match for any other project or program and must be certified
  413  through a written commitment.
  414         (b) Preference must be given to those lead agencies that
  415  have demonstrated the ability of their continuum of care to
  416  provide quality services to homeless persons and the ability to
  417  leverage federal homeless-assistance funding under the Stewart
  418  B. McKinney Act and private funding for the provision of
  419  services to homeless persons.
  420         (c) Preference must be given to lead agencies in catchment
  421  areas with the greatest need for the provision of housing and
  422  services to the homeless, relative to the population of the
  423  catchment area.
  424         (d) The grant may be used to fund any of the housing,
  425  program, or service needs included in the local homeless
  426  assistance continuum of care plan. The lead agency may allocate
  427  the grant to programs, services, or housing providers that
  428  implement the local homeless assistance continuum care plan. The
  429  lead agency may provide subgrants to a local agency to implement
  430  programs or services or provide housing identified for funding
  431  in the lead agency’s application to the department. A lead
  432  agency may spend a maximum of 8 percent of its funding on
  433  administrative costs.
  434         (e) The lead agency shall submit a final report to the
  435  department documenting the outcomes achieved by the grant in
  436  enabling persons who are homeless to return to permanent housing
  437  thereby ending such person’s episode of homelessness.
  438         (5) The State Office on Homelessness, with the concurrence
  439  of the Council on Homelessness, may administer moneys
  440  appropriated to it to provide homeless housing assistance grants
  441  annually to lead agencies for local homeless assistance
  442  continuum of care, as recognized by the State Office on
  443  Homelessness, to acquire, construct, or rehabilitate
  444  transitional or permanent housing units for homeless persons.
  445  These moneys shall consist of any sums that the state may
  446  appropriate, as well as money received from donations, gifts,
  447  bequests, or otherwise from any public or private source, which
  448  are intended to acquire, construct, or rehabilitate transitional
  449  or permanent housing units for homeless persons.
  450         (a) Grant applicants shall be ranked competitively.
  451  Preference must be given to applicants who leverage additional
  452  private funds and public funds, particularly federal funds
  453  designated for the acquisition, construction, or rehabilitation
  454  of transitional or permanent housing for homeless persons; who
  455  acquire, build, or rehabilitate the greatest number of units; or
  456  and who acquire, build, or rehabilitate in catchment areas
  457  having the greatest need for housing for the homeless relative
  458  to the population of the catchment area.
  459         (b) Funding for any particular project may not exceed
  460  $750,000.
  461         (c) Projects must reserve, for a minimum of 10 years, the
  462  number of units acquired, constructed, or rehabilitated through
  463  homeless housing assistance grant funding to serve persons who
  464  are homeless at the time they assume tenancy.
  465         (d) No more than two grants may be awarded annually in any
  466  given local homeless assistance continuum of care catchment
  467  area.
  468         (e) A project may not be funded which is not included in
  469  the local homeless assistance continuum of care plan, as
  470  recognized by the State Office on Homelessness, for the
  471  catchment area in which the project is located.
  472         (f) The maximum percentage of funds that the State Office
  473  on Homelessness and each applicant may spend on administrative
  474  costs is 5 percent.
  475         (6) The State Office on Homelessness, in conjunction with
  476  the Council on Homelessness, shall establish performance
  477  measures and specific objectives by which it may to evaluate the
  478  effective performance and outcomes of lead agencies that receive
  479  grant funds. Any funding through the State Office on
  480  Homelessness shall be distributed to lead agencies based on
  481  their overall performance and their achievement of specified
  482  objectives. Each lead agency for which grants are made under
  483  this section shall provide the State Office on Homelessness a
  484  thorough evaluation of the effectiveness of the program in
  485  achieving its stated purpose. In evaluating the performance of
  486  the lead agencies, the State Office on Homelessness shall base
  487  its criteria upon the program objectives, goals, and priorities
  488  that were set forth by the lead agencies in their proposals for
  489  funding. Such criteria may include, but not be limited to, the
  490  number of persons or households that are no longer homeless, the
  491  rate of recidivism to homelessness, and the number of persons
  492  who obtain gainful employment homeless individuals provided
  493  shelter, food, counseling, and job training.
  494         Section 6. Subsections (3), (7), and (8) of section
  495  420.624, Florida Statutes, are amended to read:
  496         420.624 Local homeless assistance continuum of care.—
  497         (3) Communities or regions seeking to implement a local
  498  homeless assistance continuum of care are encouraged to develop
  499  and annually update a written plan that includes a vision for
  500  the continuum of care, an assessment of the supply of and demand
  501  for housing and services for the homeless population, and
  502  specific strategies and processes for providing the components
  503  of the continuum of care. The State Office on Homelessness, in
  504  conjunction with the Council on Homelessness, shall include in
  505  the plan a methodology for assessing performance and outcomes.
  506  The State Office on Homelessness shall supply a standardized
  507  format for written plans, including the reporting of data.
  508         (7) The components of a continuum of care plan should
  509  include:
  510         (a) Outreach, intake, and assessment procedures in order to
  511  identify the service and housing needs of an individual or
  512  family and to link them with appropriate housing, services,
  513  resources, and opportunities;
  514         (b) Emergency shelter, in order to provide a safe, decent
  515  alternative to living in the streets;
  516         (c) Transitional housing;
  517         (d) Supportive services, designed to assist with the
  518  development of the skills necessary to secure and retain
  519  permanent housing;
  520         (e) Permanent supportive housing;
  521         (f) Rapid ReHousing, as specified in s. 420.6265;
  522         (g)(f) Permanent housing;
  523         (h)(g) Linkages and referral mechanisms among all
  524  components to facilitate the movement of individuals and
  525  families toward permanent housing and self-sufficiency;
  526         (i)(h) Services and resources to prevent housed persons
  527  from becoming or returning to homelessness; and
  528         (j)(i) An ongoing planning mechanism to address the needs
  529  of all subgroups of the homeless population, including but not
  530  limited to:
  531         1. Single adult males;
  532         2. Single adult females;
  533         3. Families with children;
  534         4. Families with no children;
  535         5. Unaccompanied children and youth;
  536         6. Elderly persons;
  537         7. Persons with drug or alcohol addictions;
  538         8. Persons with mental illness;
  539         9. Persons with dual or multiple physical or mental
  540  disorders;
  541         10. Victims of domestic violence; and
  542         11. Persons living with HIV/AIDS.
  543         (8) Continuum of care plans must promote participation by
  544  all interested individuals and organizations and may not exclude
  545  individuals and organizations on the basis of race, color,
  546  national origin, sex, handicap, familial status, or religion.
  547  Faith-based organizations must be encouraged to participate. To
  548  the extent possible, these components must should be coordinated
  549  and integrated with other mainstream health, social services,
  550  and employment programs for which homeless populations may be
  551  eligible, including Medicaid, State Children’s Health Insurance
  552  Program, Temporary Assistance for Needy Families, Food
  553  Assistance Program, and services funded through the Mental
  554  Health and Substance Abuse Block Grant, the Workforce Investment
  555  Act, and the welfare-to-work grant program.
  556         Section 7. Section 420.6265, Florida Statutes, is created
  557  to read:
  558         420.6265 Rapid ReHousing.—
  560         (a) The Legislature finds that Rapid ReHousing is a
  561  strategy of using temporary financial assistance and case
  562  management to quickly move an individual or family out of
  563  homelessness and into permanent housing.
  564         (b) The Legislature also finds that public and private
  565  solutions to homelessness in the past have focused on providing
  566  individuals and families who are experiencing homelessness with
  567  emergency shelter, transitional housing, or a combination of
  568  both. While emergency shelter and transitional housing programs
  569  may provide critical access to services for individuals and
  570  families in crisis, the programs often fail to address their
  571  long-term needs.
  572         (c) The Legislature further finds that most households
  573  become homeless as a result of a financial crisis that prevents
  574  individuals and families from paying rent or a domestic conflict
  575  that results in one member being ejected or leaving without
  576  resources or a plan for housing.
  577         (d) The Legislature further finds that Rapid ReHousing is
  578  an alternative approach to the current system of emergency
  579  shelter or transitional housing which tends to reduce the length
  580  of time a person is homeless and has proven to be cost
  581  effective.
  582         (e) It is therefore the intent of the Legislature to
  583  encourage homeless continuums of care to adopt the Rapid
  584  ReHousing approach to preventing homelessness for individuals
  585  and families who do not require the intense level of supports
  586  provided in the permanent supportive housing model.
  588         (a) The Rapid ReHousing response to homelessness differs
  589  from traditional approaches to addressing homelessness by
  590  focusing on each individual’s or family’s barriers to housing.
  591  By using this approach, communities can significantly reduce the
  592  amount of time that individuals and families are homeless and
  593  prevent further episodes of homelessness.
  594         (b) In Rapid ReHousing, an individual or family is
  595  identified as being homeless, temporary assistance is provided
  596  to allow the individual or family to obtain permanent housing as
  597  quickly as possible, and, if needed, assistance is provided to
  598  allow the individual or family to retain housing.
  599         (c) The objective of Rapid ReHousing is to provide
  600  assistance for as short a term as possible so that the
  601  individual or family receiving assistance does not develop a
  602  dependency on the assistance.
  603         Section 8. Subsections (16), (25), and (26) of section
  604  420.9071, Florida Statutes, are amended to read:
  605         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  606  term:
  607         (16) “Local housing incentive strategies” means local
  608  regulatory reform or incentive programs to encourage or
  609  facilitate affordable housing production, which include at a
  610  minimum, assurance that permits as defined in s. 163.3164 for
  611  affordable housing projects are expedited to a greater degree
  612  than other projects, as provided in s. 163.3177(6)(f)3.; an
  613  ongoing process for review of local policies, ordinances,
  614  regulations, and plan provisions that increase the cost of
  615  housing prior to their adoption; and a schedule for implementing
  616  the incentive strategies. Local housing incentive strategies may
  617  also include other regulatory reforms, such as those enumerated
  618  in s. 420.9076 or those recommended by the affordable housing
  619  advisory committee in its triennial evaluation of the
  620  implementation of affordable housing incentives, and adopted by
  621  the local governing body.
  622         (25) “Recaptured funds” means funds that are recouped by a
  623  county or eligible municipality in accordance with the recapture
  624  provisions of its local housing assistance plan pursuant to s.
  625  420.9075(5)(i) s. 420.9075(5)(h) from eligible persons or
  626  eligible sponsors, which funds were not used for assistance to
  627  an eligible household for an eligible activity, when there is a
  628  default on the terms of a grant award or loan award.
  629         (26) “Rent subsidies” means ongoing monthly rental
  630  assistance. The term does not include initial assistance to
  631  tenants, such as grants or loans for security and utility
  632  deposits.
  633         Section 9. Paragraph (b) of subsection (3) and subsection
  634  (7) of section 420.9072, Florida Statutes, are amended 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         (3)
  644         (b) Within 45 30 days after receiving a plan, the review
  645  committee shall review the plan and either approve it or
  646  identify inconsistencies with the requirements of the program.
  647  The corporation shall assist a local government in revising its
  648  plan if it initially proves to be inconsistent with program
  649  requirements. A plan that is revised by the local government to
  650  achieve consistency with program requirements shall be reviewed
  651  within 45 30 days after submission. The deadlines for submitting
  652  original and revised plans shall be established by corporation
  653  rule; however, the corporation shall not require submission of a
  654  new local housing assistance plan to implement amendments to
  655  this act until the currently effective plan expires.
  656         (7)(a) A county or an eligible municipality must expend its
  657  portion of the local housing distribution only to implement a
  658  local housing assistance plan or as provided in this subsection.
  659  A county or an eligible municipality may not expend its portion
  660  of the local housing distribution to provide rent subsidies;
  661  however, this does not prohibit the use of funds for security
  662  and utility deposit assistance.
  663         (b)A county or an eligible municipality may not expend its
  664  portion of the local housing distribution to provide ongoing
  665  rent subsidies, except for:
  666         1.Security and utility deposit assistance.
  667         2.Eviction prevention not to exceed 6 months’ rent.
  668         3.A rent subsidy program for very-low-income households
  669  with at least one adult who is a person with special needs as
  670  defined in s. 420.0004 or homeless as defined in s. 420.621. The
  671  period of rental assistance may not exceed 12 months for any
  672  eligible household.
  673         Section 10. Paragraph (a) of subsection (2) of section
  674  420.9075, Florida Statutes, is amended, paragraph (f) is added
  675  to subsection (3) of that section, paragraph (e) of subsection
  676  (4) of that section is amended, present paragraphs (b) through
  677  (l) of subsection (5) of that section are redesignated as
  678  paragraphs (c) through (m), respectively, present paragraph (l)
  679  of that subsection is amended, and a new paragraph (b) is added
  680  to that subsection, paragraph (i) is added to subsection (10) of
  681  that section, and paragraph (b) of subsection (13) of that
  682  section is amended, to read:
  683         420.9075 Local housing assistance plans; partnerships.—
  684         (2)(a) Each county and each eligible municipality
  685  participating in the State Housing Initiatives Partnership
  686  Program shall encourage the involvement of appropriate public
  687  sector and private sector entities as partners in order to
  688  combine resources to reduce housing costs for the targeted
  689  population. This partnership process should involve:
  690         1. Lending institutions.
  691         2. Housing builders and developers.
  692         3. Nonprofit and other community-based housing and service
  693  organizations.
  694         4. Providers of professional services relating to
  695  affordable housing.
  696         5. Advocates for low-income persons, including, but not
  697  limited to, homeless people, the elderly, and migrant
  698  farmworkers.
  699         6. Real estate professionals.
  700         7. Other persons or entities who can assist in providing
  701  housing or related support services.
  702         8.Lead agencies of local homeless assistance continuums of
  703  care.
  704         (3)
  705         (f)Each county and eligible municipality is encouraged to
  706  develop a strategy within its local housing assistance plan
  707  which provides program funds for reducing homelessness.
  708         (4) Each local housing assistance plan is governed by the
  709  following criteria and administrative procedures:
  710         (e) The staff or entity that has administrative authority
  711  for implementing a local housing assistance plan assisting
  712  rental developments shall annually monitor and determine tenant
  713  eligibility or, to the extent another governmental entity or
  714  corporation program provides periodic the same monitoring and
  715  determination, a municipality, county, or local housing
  716  financing authority may rely on such monitoring and
  717  determination of tenant eligibility. However, any loan or grant
  718  in the original amount of $10,000 3,000 or less is shall not be
  719  subject to these annual monitoring and determination of tenant
  720  eligibility requirements.
  721         (5) The following criteria apply to awards made to eligible
  722  sponsors or eligible persons for the purpose of providing
  723  eligible housing:
  724         (b)Up to 25 percent of the funds made available in each
  725  county and eligible municipality from the local housing
  726  distribution may be reserved for rental housing for eligible
  727  persons or for the purposes enumerated in s. 420.9072(7)(b).
  728         (m)(l) Funds from the local housing distribution not used
  729  to meet the criteria established in paragraph (a) or paragraph
  730  (c) (b) or not used for the administration of a local housing
  731  assistance plan must be used for housing production and finance
  732  activities, including, but not limited to, financing
  733  preconstruction activities or the purchase of existing units,
  734  providing rental housing, and providing home ownership training
  735  to prospective home buyers and owners of homes assisted through
  736  the local housing assistance plan.
  737         1. Notwithstanding the provisions of paragraphs (a) and (c)
  738  (b), program income as defined in s. 420.9071(24) may also be
  739  used to fund activities described in this paragraph.
  740         2. When preconstruction due-diligence activities conducted
  741  as part of a preservation strategy show that preservation of the
  742  units is not feasible and will not result in the production of
  743  an eligible unit, such costs shall be deemed a program expense
  744  rather than an administrative expense if such program expenses
  745  do not exceed 3 percent of the annual local housing
  746  distribution.
  747         3. If both an award under the local housing assistance plan
  748  and federal low-income housing tax credits are used to assist a
  749  project and there is a conflict between the criteria prescribed
  750  in this subsection and the requirements of s. 42 of the Internal
  751  Revenue Code of 1986, as amended, the county or eligible
  752  municipality may resolve the conflict by giving precedence to
  753  the requirements of s. 42 of the Internal Revenue Code of 1986,
  754  as amended, in lieu of following the criteria prescribed in this
  755  subsection with the exception of paragraphs (a) and (f) (e) of
  756  this subsection.
  757         4. Each county and each eligible municipality may award
  758  funds as a grant for construction, rehabilitation, or repair as
  759  part of disaster recovery or emergency repairs or to remedy
  760  accessibility or health and safety deficiencies. Any other
  761  grants must be approved as part of the local housing assistance
  762  plan.
  763         (10) Each county or eligible municipality shall submit to
  764  the corporation by September 15 of each year a report of its
  765  affordable housing programs and accomplishments through June 30
  766  immediately preceding submittal of the report. The report shall
  767  be certified as accurate and complete by the local government’s
  768  chief elected official or his or her designee. Transmittal of
  769  the annual report by a county’s or eligible municipality’s chief
  770  elected official, or his or her designee, certifies that the
  771  local housing incentive strategies, or, if applicable, the local
  772  housing incentive plan, have been implemented or are in the
  773  process of being implemented pursuant to the adopted schedule
  774  for implementation. The report must include, but is not limited
  775  to:
  776         (i) A description of efforts to reduce homelessness.
  777         (13)
  778         (b) If, as a result of its review of the annual report, the
  779  corporation determines that a county or eligible municipality
  780  has failed to implement a local housing incentive strategy, or,
  781  if applicable, a local housing incentive plan, it shall send a
  782  notice of termination of the local government’s share of the
  783  local housing distribution by certified mail to the affected
  784  county or eligible municipality.
  785         1. The notice must specify a date of termination of the
  786  funding if the affected county or eligible municipality does not
  787  implement the plan or strategy and provide for a local response.
  788  A county or eligible municipality shall respond to the
  789  corporation within 30 days after receipt of the notice of
  790  termination.
  791         2. The corporation shall consider the local response that
  792  extenuating circumstances precluded implementation and grant an
  793  extension to the timeframe for implementation. Such an extension
  794  shall be made in the form of an extension agreement that
  795  provides a timeframe for implementation. The chief elected
  796  official of a county or eligible municipality or his or her
  797  designee shall have the authority to enter into the agreement on
  798  behalf of the local government.
  799         3. If the county or the eligible municipality has not
  800  implemented the incentive strategy or entered into an extension
  801  agreement by the termination date specified in the notice, the
  802  local housing distribution share terminates, and any uncommitted
  803  local housing distribution funds held by the affected county or
  804  eligible municipality in its local housing assistance trust fund
  805  shall be transferred to the Local Government Housing Trust Fund
  806  to the credit of the corporation to administer.
  807         4.a. If the affected local government fails to meet the
  808  timeframes specified in the agreement, the corporation shall
  809  terminate funds. The corporation shall send a notice of
  810  termination of the local government’s share of the local housing
  811  distribution by certified mail to the affected local government.
  812  The notice shall specify the termination date, and any
  813  uncommitted funds held by the affected local government shall be
  814  transferred to the Local Government Housing Trust Fund to the
  815  credit of the corporation to administer.
  816         b. If the corporation terminates funds to a county, but an
  817  eligible municipality receiving a local housing distribution
  818  pursuant to an interlocal agreement maintains compliance with
  819  program requirements, the corporation shall thereafter
  820  distribute directly to the participating eligible municipality
  821  its share calculated in the manner provided in ss. s. 420.9072
  822  and 420.9073.
  823         c. Any county or eligible municipality whose local
  824  distribution share has been terminated may subsequently elect to
  825  receive directly its local distribution share by adopting the
  826  ordinance, resolution, and local housing assistance plan in the
  827  manner and according to the procedures provided in ss. 420.907
  828  420.9079.
  829         Section 11. Subsection (2), paragraph (a) of subsection
  830  (4), and paragraph (b) of subsection (7) of section 420.9076,
  831  Florida Statutes, are amended to read:
  832         420.9076 Adoption of affordable housing incentive
  833  strategies; committees.—
  834         (2) The governing board of a county or municipality shall
  835  appoint the members of the affordable housing advisory committee
  836  by resolution. Pursuant to the terms of any interlocal
  837  agreement, a county and municipality may create and jointly
  838  appoint an advisory committee to prepare a joint plan. The local
  839  action ordinance adopted pursuant to s. 420.9072 which creates
  840  the advisory committee and appoints or the resolution appointing
  841  the advisory committee members must name at least 8 but not more
  842  than 11 provide for 11 committee members and specify their
  843  terms. The committee must consist of one representative from at
  844  least six of the categories below include:
  845         (a) A One citizen who is actively engaged in the
  846  residential home building industry in connection with affordable
  847  housing.
  848         (b) A One citizen who is actively engaged in the banking or
  849  mortgage banking industry in connection with affordable housing.
  850         (c) A One citizen who is a representative of those areas of
  851  labor actively engaged in home building in connection with
  852  affordable housing.
  853         (d) A One citizen who is actively engaged as an advocate
  854  for low-income persons in connection with affordable housing.
  855         (e) A One citizen who is actively engaged as a for-profit
  856  provider of affordable housing.
  857         (f) A One citizen who is actively engaged as a not-for
  858  profit provider of affordable housing.
  859         (g) A One citizen who is actively engaged as a real estate
  860  professional in connection with affordable housing.
  861         (h) A One citizen who actively serves on the local planning
  862  agency pursuant to s. 163.3174. If the local planning agency is
  863  comprised of the governing board of the county or municipality,
  864  the governing board may appoint a designee who is knowledgeable
  865  in the local planning process.
  866         (i) A One citizen who resides within the jurisdiction of
  867  the local governing body making the appointments.
  868         (j) A One citizen who represents employers within the
  869  jurisdiction.
  870         (k) A One citizen who represents essential services
  871  personnel, as defined in the local housing assistance plan.
  873  If a county or eligible municipality whether due to its small
  874  size, the presence of a conflict of interest by prospective
  875  appointees, or other reasonable factor, is unable to appoint a
  876  citizen actively engaged in these activities in connection with
  877  affordable housing, a citizen engaged in the activity without
  878  regard to affordable housing may be appointed. Local governments
  879  that receive the minimum allocation under the State Housing
  880  Initiatives Partnership Program may elect to appoint an
  881  affordable housing advisory committee with fewer than 11
  882  representatives if they are unable to find representatives who
  883  meet the criteria of paragraphs (a)-(k).
  884         (4) Triennially, the advisory committee shall review the
  885  established policies and procedures, ordinances, land
  886  development regulations, and adopted local government
  887  comprehensive plan of the appointing local government and shall
  888  recommend specific actions or initiatives to encourage or
  889  facilitate affordable housing while protecting the ability of
  890  the property to appreciate in value. The recommendations may
  891  include the modification or repeal of existing policies,
  892  procedures, ordinances, regulations, or plan provisions; the
  893  creation of exceptions applicable to affordable housing; or the
  894  adoption of new policies, procedures, regulations, ordinances,
  895  or plan provisions, including recommendations to amend the local
  896  government comprehensive plan and corresponding regulations,
  897  ordinances, and other policies. At a minimum, each advisory
  898  committee shall submit a report to the local governing body that
  899  includes recommendations on, and triennially thereafter
  900  evaluates the implementation of, affordable housing incentives
  901  in the following areas:
  902         (a) The processing of approvals of development orders or
  903  permits, as defined in s. 163.3164, for affordable housing
  904  projects is expedited to a greater degree than other projects,
  905  as provided in s. 163.3177(6)(f)3.
  907  The advisory committee recommendations may also include other
  908  affordable housing incentives identified by the advisory
  909  committee. Local governments that receive the minimum allocation
  910  under the State Housing Initiatives Partnership Program shall
  911  perform the initial review but may elect to not perform the
  912  triennial review.
  913         (7) The governing board of the county or the eligible
  914  municipality shall notify the corporation by certified mail of
  915  its adoption of an amendment of its local housing assistance
  916  plan to incorporate local housing incentive strategies. The
  917  notice must include a copy of the approved amended plan.
  918         (b) If a county fails to timely adopt an amended local
  919  housing assistance plan to incorporate local housing incentive
  920  strategies but an eligible municipality receiving a local
  921  housing distribution pursuant to an interlocal agreement within
  922  the county does timely adopt an amended local housing assistance
  923  plan to incorporate local housing incentive strategies, the
  924  corporation, after issuance receipt of a notice of termination,
  925  shall thereafter distribute directly to the participating
  926  eligible municipality its share calculated in the manner
  927  provided in s. 420.9073 s. 420.9072.
  928         Section 12. Section 420.9089, Florida Statutes, is created
  929  to read:
  930         420.9089National Housing Trust Fund.—The Legislature finds
  931  that more funding for housing to assist individuals and families
  932  who are experiencing homelessness or who are at risk of
  933  homelessness is needed and encourages the state entity
  934  designated to administer funds made available to the state from
  935  the National Housing Trust Fund to propose an allocation plan
  936  that includes strategies to reduce homelessness and the risk of
  937  homelessness in this state. These strategies shall be in
  938  addition to strategies developed under s. 420.5087.
  939         Section 13. Subsection (4) is added to section 421.04,
  940  Florida Statutes, to read:
  941         421.04 Creation of housing authorities.—
  942         (4) Regardless of the date of its creation, a housing
  943  authority may not apply to the Federal Government to seize any
  944  projects, units, or vouchers of another established housing
  945  authority, irrespective of each housing authority’s areas of
  946  operation.
  947         Section 14. Subsection (2) of section 421.05, Florida
  948  Statutes, is amended to read:
  949         421.05 Appointment, qualifications, and tenure of
  950  commissioners; hiring of employees.—
  951         (2) The powers of each authority shall be vested in the
  952  commissioners thereof in office from time to time. A majority of
  953  the commissioners shall constitute a quorum of the authority for
  954  the purpose of conducting its business and exercising its powers
  955  and for all other purposes. Action may be taken by the authority
  956  upon a vote of a majority of the commissioners present, unless
  957  in any case the bylaws of the authority require a larger number.
  958  The mayor with the concurrence of the governing body shall
  959  designate which of the commissioners appointed shall be the
  960  first chair from among the appointed commissioners, but when the
  961  office of the chair of the authority thereafter becomes vacant,
  962  the authority shall select a chair from among the its
  963  commissioners. An authority shall also select from among the its
  964  commissioners a vice chair,; and it may employ a secretary, who
  965  shall be the executive director, technical experts, and such
  966  other officers, agents, and employees, permanent and temporary,
  967  as it may require and shall determine their qualifications,
  968  duties, and compensation. Accordingly, authorities are exempt
  969  from s. 215.425. For such legal services as it may require, An
  970  authority may call upon the chief law officer of the city or may
  971  employ its own counsel and legal staff for legal services. An
  972  authority may delegate to one or more of its agents or employees
  973  such powers or duties as it may deem proper.
  974         Section 15. Subsection (1) of section 421.091, Florida
  975  Statutes, is amended to read:
  976         421.091 Financial accounting and investments; fiscal year.—
  977         (1) A complete and full financial accounting and audit in
  978  accordance with federal audit standards of public housing
  979  agencies shall be made biennially by a certified public
  980  accountant and submitted to the Federal Government in accordance
  981  with its policies. Housing authorities are otherwise exempt from
  982  the reporting requirements of s. 218.32. A copy of such audit
  983  shall be filed with the governing body and with the Auditor
  984  General.
  985         Section 16. This act shall take effect July 1, 2016.