Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1534
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/15/2016           .                                

       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Detert) recommended the following:
    1         Senate Amendment (with title amendment)
    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.
  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.—
  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.
  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.
  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.
  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         420.9089National 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.
  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.;