Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (310862) for SB 1534
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/26/2016           .                                

       The Committee on Appropriations (Simmons) recommended the
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 193 - 755
    4  and insert:
    5         (50) To reserve a minimum of 5 percent of its annual
    6  appropriation from the State Housing Trust Fund for housing
    7  projects designed and constructed to serve persons who have a
    8  disabling condition, as defined in s. 420.0004, with first
    9  priority given to projects serving persons who have a
   10  developmental disability, as defined in s. 393.063. Funding
   11  shall be provided as forgivable loans through a competitive
   12  solicitation. Private nonprofit organizations whose primary
   13  mission includes serving persons with a disabling condition
   14  shall be eligible for these funds. In evaluating proposals for
   15  these funds, the corporation shall consider the extent to which
   16  funds from local and other sources will be used by the applicant
   17  to leverage the funds provided under this section; employment
   18  opportunities and supports that will be available to residents
   19  of the proposed housing; a plan for residents to effectively
   20  access community-based services, resources, and amenities; and
   21  partnerships with other supportive services agencies.
   22         Section 3. Subsections (1) and (3), paragraphs (b), (f),
   23  and (k) of subsection (6), and subsection (10) of section
   24  420.5087, Florida Statutes, are amended to read:
   25         420.5087 State Apartment Incentive Loan Program.—There is
   26  hereby created the State Apartment Incentive Loan Program for
   27  the purpose of providing first, second, or other subordinated
   28  mortgage loans or loan guarantees to sponsors, including for
   29  profit, nonprofit, and public entities, to provide housing
   30  affordable to very-low-income persons.
   31         (1) Program funds shall be made available through a
   32  competitive solicitation process distributed over successive 3
   33  year periods in a manner that meets the need and demand for
   34  very-low-income housing throughout the state. That need and
   35  demand must be determined by using the most recent statewide
   36  low-income rental housing market studies conducted every 3 years
   37  available at the beginning of each 3-year period. However, at
   38  least 10 percent of the program funds, as calculated on an
   39  annual basis, distributed during a 3-year period must be made
   40  available allocated to each of the following categories of
   41  counties, as determined by using the population statistics
   42  published in the most recent edition of the Florida Statistical
   43  Abstract:
   44         (a) Counties that have a population of 825,000 or more.
   45         (b) Counties that have a population of more than 100,000
   46  but less than 825,000.
   47         (c) Counties that have a population of 100,000 or less.
   49  Any increase in funding required to reach the 10-percent minimum
   50  shall be taken from the county category that has the largest
   51  portion of the funding allocation. The corporation shall adopt
   52  rules that which establish an equitable process for distributing
   53  any portion of the 10 percent of program funds made available
   54  allocated to the county categories specified in this subsection
   55  which remains unallocated at the end of a 3-year period.
   56  Counties that have a population of 100,000 or less shall be
   57  given preference under these rules.
   58         (3) During the first 6 months of loan or loan guarantee
   59  availability, program funds shall be made available reserved for
   60  use by sponsors who provide the housing set-aside required in
   61  subsection (2) for the tenant groups designated in this
   62  subsection. The reservation of funds made available to each of
   63  these groups shall be determined using the most recent statewide
   64  very-low-income rental housing market study available at the
   65  time of publication of each notice of fund availability required
   66  by paragraph (6)(b). The reservation of funds made available
   67  within each notice of fund availability to the tenant groups in
   68  paragraphs (b)-(e) (a), (b), and (e) may not be less than 10
   69  percent of the funds available at that time. Any increase in
   70  funding required to reach the required 10-percent minimum must
   71  be taken from the tenant group that would receive has the
   72  largest percentage of available funds in accordance with the
   73  study reservation. The reservation of funds made available
   74  within each notice of fund availability to the tenant group in
   75  paragraph (a) (c) may not be less than 5 percent of the funds
   76  available at that time. The reservation of funds within each
   77  notice of fund availability to the tenant group in paragraph (d)
   78  may not be more than 10 percent of the funds available at that
   79  time. The tenant groups are:
   80         (a) Commercial fishing workers and farmworkers;
   81         (b) Families;
   82         (c) Persons who are homeless;
   83         (d) Persons with special needs; and
   84         (e) Elderly persons. Ten percent of the amount made
   85  available reserved for the elderly shall be reserved to provide
   86  loans to sponsors of housing for the elderly for the purpose of
   87  making building preservation, health, or sanitation repairs or
   88  improvements which are required by federal, state, or local
   89  regulation or code, or lifesafety or security-related repairs or
   90  improvements to such housing. Such a loan may not exceed
   91  $750,000 per housing community for the elderly. In order to
   92  receive the loan, the sponsor of the housing community must make
   93  a commitment to match at least 5 percent of the loan amount to
   94  pay the cost of such repair or improvement. The corporation
   95  shall establish the rate of interest on the loan, which may not
   96  exceed 3 percent, and the term of the loan, which may not exceed
   97  15 years; however, if the lien of the corporation’s encumbrance
   98  is subordinate to the lien of another mortgagee, then the term
   99  may be made coterminous with the longest term of the superior
  100  lien. The term of the loan shall be based on a credit analysis
  101  of the applicant. The corporation may forgive indebtedness for a
  102  share of the loan attributable to the units in a project
  103  reserved for extremely-low-income elderly by nonprofit
  104  organizations, as defined in s. 420.0004(5), where the project
  105  has provided affordable housing to the elderly for 15 years or
  106  more. The corporation shall establish, by rule, the procedure
  107  and criteria for receiving, evaluating, and competitively
  108  ranking all applications for loans under this paragraph. A loan
  109  application must include evidence of the first mortgagee’s
  110  having reviewed and approved the sponsor’s intent to apply for a
  111  loan. A nonprofit organization or sponsor may not use the
  112  proceeds of the loan to pay for administrative costs, routine
  113  maintenance, or new construction.
  114         (6) On all state apartment incentive loans, except loans
  115  made to housing communities for the elderly to provide for
  116  lifesafety, building preservation, health, sanitation, or
  117  security-related repairs or improvements, the following
  118  provisions shall apply:
  119         (b) The corporation shall publish a notice of fund
  120  availability in a publication of general circulation throughout
  121  the state. Such notice shall be published at least 60 days prior
  122  to the application deadline and shall provide notice of the
  123  availability temporary reservations of funds established in
  124  subsection (3).
  125         (f) The review committee established by corporation rule
  126  pursuant to this subsection shall make recommendations to the
  127  board of directors of the corporation regarding program
  128  participation under the State Apartment Incentive Loan Program.
  129  The corporation board shall make the final decisions regarding
  130  which applicants shall become program participants based on the
  131  scores received in the competitive process, further review of
  132  applications, and the recommendations of the review committee.
  133  The corporation board shall approve or reject applications for
  134  loans and shall determine the tentative loan amount available to
  135  each applicant selected for participation in the program. The
  136  actual loan amount shall be determined pursuant to rule adopted
  137  pursuant to s. 420.507(22)(i) s. 420.507(22)(h).
  138         (k) Rent controls shall not be allowed on any project
  139  except as required in conjunction with the issuance of tax
  140  exempt bonds or federal low-income housing tax credits and
  141  except when the sponsor has committed to set aside units for
  142  extremely-low-income persons, in which case rents shall be set
  143  restricted at the income set-aside levels committed to by the
  144  sponsor at the level applicable income limitations established
  145  by the corporation for federal low-income tax credits.
  146         (10)(a) Notwithstanding subsection (3), for the 2015-2016
  147  fiscal year, the reservation of funds for the tenant groups
  148  within each notice of fund availability shall be:
  149         1. Not less than 10 percent of the funds available at that
  150  time for the following tenant groups:
  151         a. Families;
  152         b. Persons who are homeless;
  153         c. Persons with special needs; and
  154         d. Elderly persons.
  155         2. Not less than 5 percent of the funds available at that
  156  time for the commercial fishing workers and farmworkers tenant
  157  group.
  158         (b) This subsection expires July 1, 2016.
  159         Section 4. Subsection (5) of section 420.511, Florida
  160  Statutes, is amended to read:
  161         420.511 Strategic business plan; long-range program plan;
  162  annual report; audited financial statements.—
  163         (5) The Auditor General shall conduct an operational audit
  164  of the accounts and records of the corporation and provide a
  165  written report on the audit to the President of the Senate and
  166  the Speaker of the House of Representatives by December 1, 2016.
  167  Both the corporation’s business plan and annual report must
  168  recognize the different fiscal periods under which the
  169  corporation, the state, the Federal Government, and local
  170  governments operate.
  171         Section 5. Paragraphs (a) and (b) of subsection (3) and
  172  subsections (4), (5), and (6) of section 420.622, Florida
  173  Statutes, are amended to read:
  174         420.622 State Office on Homelessness; Council on
  175  Homelessness.—
  176         (3) The State Office on Homelessness, pursuant to the
  177  policies set by the council and subject to the availability of
  178  funding, shall:
  179         (a) Coordinate among state, local, and private agencies and
  180  providers to produce a statewide consolidated inventory program
  181  and financial plan for the state’s entire system of homeless
  182  programs which incorporates regionally developed plans. Such
  183  programs include, but are not limited to:
  184         1. Programs authorized under the Stewart B. McKinney
  185  Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq.,
  186  and carried out under funds awarded to this state; and
  187         2. Programs, components thereof, or activities that assist
  188  persons who are homeless or at risk for homelessness.
  189         (b) Collect, maintain, and make available information
  190  concerning persons who are homeless or at risk for homelessness,
  191  including demographics information, current services and
  192  resources available, the cost and availability of services and
  193  programs, and the met and unmet needs of this population. All
  194  entities that receive state funding must provide access to all
  195  data they maintain in summary form, with no individual
  196  identifying information, to assist the council in providing this
  197  information. The State Office on Homelessness, in consultation
  198  with the designated lead agencies for a local homeless continuum
  199  of care and with the Council on Homelessness, shall develop the
  200  system and process of data collection from all lead agencies for
  201  the purpose of analyzing trends and assessing impacts in the
  202  statewide homeless delivery system. Any statewide homelessness
  203  survey and database system must comply with all state and
  204  federal statutory and regulatory confidentiality requirements
  205  The council shall explore the potential of creating a statewide
  206  Management Information System (MIS), encouraging the future
  207  participation of any bodies that are receiving awards or grants
  208  from the state, if such a system were adopted, enacted, and
  209  accepted by the state.
  210         (4) The State Office on Homelessness, with the concurrence
  211  of the Council on Homelessness, shall may accept and administer
  212  moneys appropriated to it to provide annual “Challenge Grants”
  213  to lead agencies of homeless assistance continuums of care
  214  designated by the State Office on Homelessness pursuant to s.
  215  420.624. The department shall establish varying levels of grant
  216  awards up to $500,000 per lead agency. Award levels shall be
  217  based upon the total population within the continuum of care
  218  catchment area and reflect the differing degrees of homelessness
  219  in the catchment planning areas. The department, in consultation
  220  with the Council on Homelessness, shall specify a grant award
  221  level in the notice of the solicitation of grant applications.
  222         (a) To qualify for the grant, a lead agency must develop
  223  and implement a local homeless assistance continuum of care plan
  224  for its designated catchment area. The continuum of care plan
  225  must implement a coordinated assessment or central intake system
  226  to screen, assess, and refer persons seeking assistance to the
  227  appropriate service provider. The lead agency shall also
  228  document the commitment of local government or and private
  229  organizations to provide matching funds or in-kind support in an
  230  amount equal to the grant requested. Expenditures of leveraged
  231  funds or resources, including third-party cash or in-kind
  232  contributions, are authorized only for eligible activities
  233  committed on one project which have not been used as leverage or
  234  match for any other project or program and must be certified
  235  through a written commitment.
  236         (b) Preference must be given to those lead agencies that
  237  have demonstrated the ability of their continuum of care to
  238  provide quality services to homeless persons and the ability to
  239  leverage federal homeless-assistance funding under the Stewart
  240  B. McKinney Act with local government funding or and private
  241  funding for the provision of services to homeless persons.
  242         (c) Preference must be given to lead agencies in catchment
  243  areas with the greatest need for the provision of housing and
  244  services to the homeless, relative to the population of the
  245  catchment area.
  246         (d) The grant may be used to fund any of the housing,
  247  program, or service needs included in the local homeless
  248  assistance continuum of care plan. The lead agency may allocate
  249  the grant to programs, services, or housing providers that
  250  implement the local homeless assistance continuum care plan. The
  251  lead agency may provide subgrants to a local agency to implement
  252  programs or services or provide housing identified for funding
  253  in the lead agency’s application to the department. A lead
  254  agency may spend a maximum of 8 percent of its funding on
  255  administrative costs.
  256         (e) The lead agency shall submit a final report to the
  257  department documenting the outcomes achieved by the grant in
  258  enabling persons who are homeless to return to permanent housing
  259  thereby ending such person’s episode of homelessness.
  260         (5) The State Office on Homelessness, with the concurrence
  261  of the Council on Homelessness, may administer moneys
  262  appropriated to it to provide homeless housing assistance grants
  263  annually to lead agencies for local homeless assistance
  264  continuum of care, as recognized by the State Office on
  265  Homelessness, to acquire, construct, or rehabilitate
  266  transitional or permanent housing units for homeless persons.
  267  These moneys shall consist of any sums that the state may
  268  appropriate, as well as money received from donations, gifts,
  269  bequests, or otherwise from any public or private source, which
  270  are intended to acquire, construct, or rehabilitate transitional
  271  or permanent housing units for homeless persons.
  272         (a) Grant applicants shall be ranked competitively.
  273  Preference must be given to applicants who leverage additional
  274  private funds and public funds, particularly federal funds
  275  designated for the acquisition, construction, or rehabilitation
  276  of transitional or permanent housing for homeless persons; who
  277  acquire, build, or rehabilitate the greatest number of units; or
  278  and who acquire, build, or rehabilitate in catchment areas
  279  having the greatest need for housing for the homeless relative
  280  to the population of the catchment area.
  281         (b) Funding for any particular project may not exceed
  282  $750,000.
  283         (c) Projects must reserve, for a minimum of 10 years, the
  284  number of units acquired, constructed, or rehabilitated through
  285  homeless housing assistance grant funding to serve persons who
  286  are homeless at the time they assume tenancy.
  287         (d) No more than two grants may be awarded annually in any
  288  given local homeless assistance continuum of care catchment
  289  area.
  290         (e) A project may not be funded which is not included in
  291  the local homeless assistance continuum of care plan, as
  292  recognized by the State Office on Homelessness, for the
  293  catchment area in which the project is located.
  294         (f) The maximum percentage of funds that the State Office
  295  on Homelessness and each applicant may spend on administrative
  296  costs is 5 percent.
  297         (6) The State Office on Homelessness, in conjunction with
  298  the Council on Homelessness, shall establish performance
  299  measures and specific objectives by which it may to evaluate the
  300  effective performance and outcomes of lead agencies that receive
  301  grant funds. Any funding through the State Office on
  302  Homelessness shall be distributed to lead agencies based on
  303  their overall performance and their achievement of specified
  304  objectives. Each lead agency for which grants are made under
  305  this section shall provide the State Office on Homelessness a
  306  thorough evaluation of the effectiveness of the program in
  307  achieving its stated purpose. In evaluating the performance of
  308  the lead agencies, the State Office on Homelessness shall base
  309  its criteria upon the program objectives, goals, and priorities
  310  that were set forth by the lead agencies in their proposals for
  311  funding. Such criteria may include, but are not be limited to,
  312  the number of persons or households that are no longer homeless,
  313  the rate of recidivism to homelessness, and the number of
  314  persons who obtain gainful employment homeless individuals
  315  provided shelter, food, counseling, and job training.
  316         Section 6. Subsections (3), (7), and (8) of section
  317  420.624, Florida Statutes, are amended to read:
  318         420.624 Local homeless assistance continuum of care.—
  319         (3) Communities or regions seeking to implement a local
  320  homeless assistance continuum of care are encouraged to develop
  321  and annually update a written plan that includes a vision for
  322  the continuum of care, an assessment of the supply of and demand
  323  for housing and services for the homeless population, and
  324  specific strategies and processes for providing the components
  325  of the continuum of care. The State Office on Homelessness, in
  326  conjunction with the Council on Homelessness, shall include in
  327  the plan a methodology for assessing performance and outcomes.
  328  The State Office on Homelessness shall supply a standardized
  329  format for written plans, including the reporting of data.
  330         (7) The components of a continuum of care plan should
  331  include:
  332         (a) Outreach, intake, and assessment procedures in order to
  333  identify the service and housing needs of an individual or
  334  family and to link them with appropriate housing, services,
  335  resources, and opportunities;
  336         (b) Emergency shelter, in order to provide a safe, decent
  337  alternative to living in the streets;
  338         (c) Transitional housing;
  339         (d) Supportive services, designed to assist with the
  340  development of the skills necessary to secure and retain
  341  permanent housing;
  342         (e) Permanent supportive housing;
  343         (f) Rapid ReHousing, as specified in s. 420.6265;
  344         (g)(f) Permanent housing;
  345         (h)(g) Linkages and referral mechanisms among all
  346  components to facilitate the movement of individuals and
  347  families toward permanent housing and self-sufficiency;
  348         (i)(h) Services and resources to prevent housed persons
  349  from becoming or returning to homelessness; and
  350         (j)(i) An ongoing planning mechanism to address the needs
  351  of all subgroups of the homeless population, including but not
  352  limited to:
  353         1. Single adult males;
  354         2. Single adult females;
  355         3. Families with children;
  356         4. Families with no children;
  357         5. Unaccompanied children and youth;
  358         6. Elderly persons;
  359         7. Persons with drug or alcohol addictions;
  360         8. Persons with mental illness;
  361         9. Persons with dual or multiple physical or mental
  362  disorders;
  363         10. Victims of domestic violence; and
  364         11. Persons living with HIV/AIDS.
  365         (8) Continuum of care plans must promote participation by
  366  all interested individuals and organizations and may not exclude
  367  individuals and organizations on the basis of race, color,
  368  national origin, sex, handicap, familial status, or religion.
  369  Faith-based organizations must be encouraged to participate. To
  370  the extent possible, these components must should be coordinated
  371  and integrated with other mainstream health, social services,
  372  and employment programs for which homeless populations may be
  373  eligible, including Medicaid, State Children’s Health Insurance
  374  Program, Temporary Assistance for Needy Families, Food
  375  Assistance Program, and services funded through the Mental
  376  Health and Substance Abuse Block Grant, the Workforce Investment
  377  Act, and the welfare-to-work grant program.
  378         Section 7. Section 420.6265, Florida Statutes, is created
  379  to read:
  380         420.6265 Rapid ReHousing.—
  382         (a) The Legislature finds that Rapid ReHousing is a
  383  strategy of using temporary financial assistance and case
  384  management to quickly move an individual or family out of
  385  homelessness and into permanent housing.
  386         (b) The Legislature also finds that public and private
  387  solutions to homelessness in the past have focused on providing
  388  individuals and families who are experiencing homelessness with
  389  emergency shelter, transitional housing, or a combination of
  390  both. While emergency shelter and transitional housing programs
  391  may provide critical access to services for individuals and
  392  families in crisis, the programs often fail to address their
  393  long-term needs.
  394         (c) The Legislature further finds that most households
  395  become homeless as a result of a financial crisis that prevents
  396  individuals and families from paying rent or a domestic conflict
  397  that results in one member being ejected or leaving without
  398  resources or a plan for housing.
  399         (d) The Legislature further finds that Rapid ReHousing is
  400  an alternative approach to the current system of emergency
  401  shelter or transitional housing which tends to reduce the length
  402  of time a person is homeless and has proven to be cost
  403  effective.
  404         (e) It is therefore the intent of the Legislature to
  405  encourage homeless continuums of care to adopt the Rapid
  406  ReHousing approach to preventing homelessness for individuals
  407  and families who do not require the intense level of supports
  408  provided in the permanent supportive housing model.
  410         (a) The Rapid ReHousing response to homelessness differs
  411  from traditional approaches to addressing homelessness by
  412  focusing on each individual’s or family’s barriers to housing.
  413  By using this approach, communities can significantly reduce the
  414  amount of time that individuals and families are homeless and
  415  prevent further episodes of homelessness.
  416         (b) In Rapid ReHousing, an individual or family is
  417  identified as being homeless, temporary assistance is provided
  418  to allow the individual or family to obtain permanent housing as
  419  quickly as possible, and, if needed, assistance is provided to
  420  allow the individual or family to retain housing.
  421         (c) The objective of Rapid ReHousing is to provide
  422  assistance for as short a term as possible so that the
  423  individual or family receiving assistance does not develop a
  424  dependency on the assistance.
  425         Section 8. Subsections (16), (25), and (26) of section
  426  420.9071, Florida Statutes, are amended to read:
  427         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  428  term:
  429         (16) “Local housing incentive strategies” means local
  430  regulatory reform or incentive programs to encourage or
  431  facilitate affordable housing production, which include at a
  432  minimum, assurance that permits as defined in s. 163.3164 for
  433  affordable housing projects are expedited to a greater degree
  434  than other projects, as provided in s. 163.3177(6)(f)3.; an
  435  ongoing process for review of local policies, ordinances,
  436  regulations, and plan provisions that increase the cost of
  437  housing prior to their adoption; and a schedule for implementing
  438  the incentive strategies. Local housing incentive strategies may
  439  also include other regulatory reforms, such as those enumerated
  440  in s. 420.9076 or those recommended by the affordable housing
  441  advisory committee in its triennial evaluation of the
  442  implementation of affordable housing incentives, and adopted by
  443  the local governing body.
  444         (25) “Recaptured funds” means funds that are recouped by a
  445  county or eligible municipality in accordance with the recapture
  446  provisions of its local housing assistance plan pursuant to s.
  447  420.9075(5)(j) s. 420.9075(5)(h) from eligible persons or
  448  eligible sponsors, which funds were not used for assistance to
  449  an eligible household for an eligible activity, when there is a
  450  default on the terms of a grant award or loan award.
  451         (26) “Rent subsidies” means ongoing monthly rental
  452  assistance. The term does not include initial assistance to
  453  tenants, such as grants or loans for security and utility
  454  deposits.
  455         Section 9. Paragraph (b) of subsection (3) and subsection
  456  (7) of section 420.9072, Florida Statutes, are amended to read:
  457         420.9072 State Housing Initiatives Partnership Program.—The
  458  State Housing Initiatives Partnership Program is created for the
  459  purpose of providing funds to counties and eligible
  460  municipalities as an incentive for the creation of local housing
  461  partnerships, to expand production of and preserve affordable
  462  housing, to further the housing element of the local government
  463  comprehensive plan specific to affordable housing, and to
  464  increase housing-related employment.
  465         (3)
  466         (b) Within 45 30 days after receiving a plan, the review
  467  committee shall review the plan and either approve it or
  468  identify inconsistencies with the requirements of the program.
  469  The corporation shall assist a local government in revising its
  470  plan if it initially proves to be inconsistent with program
  471  requirements. A plan that is revised by the local government to
  472  achieve consistency with program requirements shall be reviewed
  473  within 45 30 days after submission. The deadlines for submitting
  474  original and revised plans shall be established by corporation
  475  rule; however, the corporation shall not require submission of a
  476  new local housing assistance plan to implement amendments to
  477  this act until the currently effective plan expires.
  478         (7)(a) A county or an eligible municipality must expend its
  479  portion of the local housing distribution only to implement a
  480  local housing assistance plan or as provided in this subsection.
  481  A county or an eligible municipality may not expend its portion
  482  of the local housing distribution to provide rent subsidies;
  483  however, this does not prohibit the use of funds for security
  484  and utility deposit assistance.
  485         (b)A county or an eligible municipality may not expend its
  486  portion of the local housing distribution to provide ongoing
  487  rent subsidies, except for:
  488         1.Security and utility deposit assistance.
  489         2.Eviction prevention not to exceed 6 months’ rent.
  490         3.A rent subsidy program for very-low-income households
  491  with at least one adult who is a person with special needs as
  492  defined in s. 420.0004 or homeless as defined in s. 420.621. The
  493  period of rental assistance may not exceed 12 months for any
  494  eligible household.
  495         Section 10. Paragraph (a) of subsection (2) of section
  496  420.9075, Florida Statutes, is amended, paragraphs (f) and (g)
  497  are added to subsection (3) of that section, paragraph (e) of
  498  subsection (4) of that section is amended, present paragraph (b)
  499  of subsection (5) of that section is redesignated as paragraph
  500  (c), present paragraphs (c) through (l) of that subsection are
  501  redesignated as paragraphs (e) through (n), respectively, new
  502  paragraphs (b) and (d) are added to that subsection, present
  503  paragraph (l) of that subsection is amended, paragraph (i) is
  504  added to subsection (10) of that section, and paragraph (b) of
  505  subsection (13) of that section is amended, to read:
  506         420.9075 Local housing assistance plans; partnerships.—
  507         (2)(a) Each county and each eligible municipality
  508  participating in the State Housing Initiatives Partnership
  509  Program shall encourage the involvement of appropriate public
  510  sector and private sector entities as partners in order to
  511  combine resources to reduce housing costs for the targeted
  512  population. This partnership process should involve:
  513         1. Lending institutions.
  514         2. Housing builders and developers.
  515         3. Nonprofit and other community-based housing and service
  516  organizations.
  517         4. Providers of professional services relating to
  518  affordable housing.
  519         5. Advocates for low-income persons, including, but not
  520  limited to, homeless people, the elderly, and migrant
  521  farmworkers.
  522         6. Real estate professionals.
  523         7. Other persons or entities who can assist in providing
  524  housing or related support services.
  525         8.Lead agencies of local homeless assistance continuums of
  526  care.
  527         (3)
  528         (f)Each county and each eligible municipality is
  529  encouraged to develop a strategy within its local housing
  530  assistance plan which provides program funds for reducing
  531  homelessness.
  532         (g) Local governments may create regional partnerships
  533  across jurisdictional boundaries through the pooling of
  534  appropriated funds to address homeless housing needs identified
  535  in local housing assistance plans.
  536         (4) Each local housing assistance plan is governed by the
  537  following criteria and administrative procedures:
  538         (e) The staff or entity that has administrative authority
  539  for implementing a local housing assistance plan assisting
  540  rental developments shall annually monitor and determine tenant
  541  eligibility or, to the extent another governmental entity or
  542  corporation program provides periodic the same monitoring and
  543  determination, a municipality, county, or local housing
  544  financing authority may rely on such monitoring and
  545  determination of tenant eligibility. However, any loan or grant
  546  in the original amount of $10,000 3,000 or less is shall not be
  547  subject to these annual monitoring and determination of tenant
  548  eligibility requirements.
  549         (5) The following criteria apply to awards made to eligible
  550  sponsors or eligible persons for the purpose of providing
  551  eligible housing:
  552         (b)Up to 25 percent of the funds made available in each
  553  county and eligible municipality from the local housing
  554  distribution may be reserved for rental housing for eligible
  555  persons or for the purposes enumerated in s. 420.9072(7)(b).
  556         (d) Each local government must use a minimum of 20 percent
  557  of its allocation to serve persons with special needs as defined
  558  in s. 420.0004. A local government must certify that it will
  559  meet this requirement through existing approved strategies in
  560  the local housing assistance plan or submit a new local housing
  561  assistance plan strategy for this purpose to the corporation for
  562  approval to ensure that it meets these specifications. The first
  563  priority of these special needs funds must be to serve persons
  564  with developmental disabilities as defined in s. 393.063, with
  565  an emphasis on home modifications, including technological
  566  enhancements and devices, which will allow homeowners to remain
  567  independent in their own homes and maintain their homeownership.
  568         (n)(l) Funds from the local housing distribution not used
  569  to meet the criteria established in paragraph (a) or paragraph
  570  (c) (b) or not used for the administration of a local housing
  571  assistance plan must be used for housing production and finance
  572  activities, including, but not limited to, financing
  573  preconstruction activities or the purchase of existing units,
  574  providing rental housing, and providing home ownership training
  575  to prospective home buyers and owners of homes assisted through
  576  the local housing assistance plan.
  577         1. Notwithstanding the provisions of paragraphs (a) and (c)
  578  (b), program income as defined in s. 420.9071(24) may also be
  579  used to fund activities described in this paragraph.
  580         2. When preconstruction due-diligence activities conducted
  581  as part of a preservation strategy show that preservation of the
  582  units is not feasible and will not result in the production of
  583  an eligible unit, such costs shall be deemed a program expense
  584  rather than an administrative expense if such program expenses
  585  do not exceed 3 percent of the annual local housing
  586  distribution.
  587         3. If both an award under the local housing assistance plan
  588  and federal low-income housing tax credits are used to assist a
  589  project and there is a conflict between the criteria prescribed
  590  in this subsection and the requirements of s. 42 of the Internal
  591  Revenue Code of 1986, as amended, the county or eligible
  592  municipality may resolve the conflict by giving precedence to
  593  the requirements of s. 42 of the Internal Revenue Code of 1986,
  594  as amended, in lieu of following the criteria prescribed in this
  595  subsection with the exception of paragraphs (a) and (g) (e) of
  597  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  598  And the directory clause is amended as follows:
  599         Delete lines 140 - 141
  600  and insert:
  601  to that subsection, subsection (35) of that section is amended,
  602  and subsection (50) is added to that section, to read:
  604  ================= T I T L E  A M E N D M E N T ================
  605  And the title is amended as follows:
  606         Delete lines 31 - 88
  607  and insert:
  608         developed plans; requiring the office, in consultation
  609         with the designated lead agencies for a local homeless
  610         continuum of care and with the Council on
  611         Homelessness, to develop the system and process of
  612         data collection from all lead agencies, subject to
  613         certain requirements; deleting the requirement that
  614         the Council on Homelessness explore the potential of
  615         creating a statewide Homeless Management Information
  616         System and encourage future participation of certain
  617         award or grant recipients; requiring the State Office
  618         on Homelessness to accept and administer moneys
  619         appropriated to it to provide annual Challenge Grants
  620         to certain lead agencies of homeless assistance
  621         continuums of care; removing the requirement that
  622         levels of grant awards be based upon the total
  623         population within the continuum of care catchment area
  624         and reflect the differing degrees of homelessness in
  625         the respective areas; revising the requirement that a
  626         lead agency document the commitment of local
  627         government and private organizations to provide
  628         matching funds or in-kind support in an amount equal
  629         to the grant requested; authorizing expenditures of
  630         leveraged funds or resources only for eligible
  631         activities, subject to certain requirements; revising
  632         the preference given to certain lead agencies that
  633         have demonstrated the ability to leverage federal
  634         homeless-assistance funding under the Stewart B.
  635         McKinney Act; requiring the State Office on
  636         Homelessness, in conjunction with the Council on
  637         Homelessness, to establish specific objectives by
  638         which it may evaluate the outcomes of certain lead
  639         agencies; requiring that any funding through the State
  640         Office on Homelessness be distributed to lead agencies
  641         based on their performance and achievement of
  642         specified objectives; revising the factors that may be
  643         included as criteria for evaluating the performance of
  644         lead agencies; amending s. 420.624, F.S.; revising
  645         requirements for the local homeless assistance
  646         continuum of care plan; providing that the components
  647         of a continuum of care plan should include Rapid
  648         ReHousing; requiring that specified components of a
  649         continuum of care plan be coordinated and integrated
  650         with other specified services and programs; creating
  651         s. 420.6265, F.S.; providing legislative findings and
  652         intent relating to Rapid ReHousing; providing a Rapid
  653         ReHousing methodology; amending s. 420.9071, F.S.;
  654         redefining the terms “local housing incentive
  655         strategies” and “rent subsidies”; conforming cross
  656         references; amending s. 420.9072, F.S.; increasing the
  657         number of days within which a review committee is
  658         required to review a local housing assistance plan or
  659         plan revision after receiving it; prohibiting a county
  660         or an eligible municipality from expending its portion
  661         of the local housing distribution to provide ongoing
  662         rent subsidies; specifying exceptions; amending s.
  663         420.9075, F.S.; providing that a certain partnership
  664         process of the State Housing Initiatives Partnership
  665         Program should involve lead agencies of local homeless
  666         assistance continuums of care; encouraging counties
  667         and eligible municipalities to develop a strategy
  668         within their local housing assistance plans which
  669         provides program funds for reducing homelessness;
  670         authorizing local governments to create certain
  671         regional partnerships to address homeless housing
  672         needs identified in local housing assistance plans;