Florida Senate - 2016                                    SB 1534
       By Senator Simmons
       10-01651A-16                                          20161534__
    2                        A bill to be entitled                      
    3         An act relating to housing assistance; amending s.
    4         420.5087, F.S.; revising the reservation of funds
    5         within each notice of fund availability to specified
    6         tenant groups; amending s. 420.622, F.S.; requiring
    7         that the State Office on Homelessness coordinate among
    8         certain agencies and providers to produce a statewide
    9         consolidated inventory for the state’s entire system
   10         of homeless programs which incorporates regionally
   11         developed plans; directing the office to create a task
   12         force to make recommendations regarding the
   13         implementation of a statewide Homeless Management
   14         Information System (HMIS), subject to certain
   15         requirements; requiring the task force to include in
   16         its recommendations the development of a statewide,
   17         centralized coordinated assessment system; requiring
   18         the task force to submit a report to the Council on
   19         Homelessness by a specified date; deleting the
   20         requirement that the Council on Homelessness explore
   21         the potential of creating a statewide Homeless
   22         Management Information System and encourage future
   23         participation of certain award or grant recipients;
   24         requiring the State Office on Homelessness to accept
   25         and administer moneys appropriated to it to provide
   26         annual Challenge Grants to certain lead agencies of
   27         homeless assistance continuums of care; removing the
   28         requirement that levels of grant awards be based upon
   29         the total population within the continuum of care
   30         catchment area and reflect the differing degrees of
   31         homelessness in the respective areas; allowing
   32         expenditures of leveraged funds or resources only for
   33         eligible activities, subject to certain requirements;
   34         requiring the State Office on Homelessness, in
   35         conjunction with the Council on Homelessness, to
   36         establish specific objectives by which it may evaluate
   37         the outcomes of certain lead agencies; requiring that
   38         any funding through the State Office on Homelessness
   39         be distributed to lead agencies based on their
   40         performance and achievement of specified objectives;
   41         revising the factors that may be included as criteria
   42         for evaluating the performance of lead agencies;
   43         amending s. 420.624, F.S.; revising requirements for
   44         the local homeless assistance continuum of care plan;
   45         providing that the components of a continuum of care
   46         plan should include Rapid ReHousing; requiring that
   47         specified components of a continuum of care plan be
   48         coordinated and integrated with other specified
   49         services and programs; creating s. 420.6265, F.S.;
   50         providing legislative findings and intent relating to
   51         Rapid ReHousing; providing a Rapid ReHousing
   52         methodology; amending s. 420.9071, F.S.; conforming a
   53         provision to changes made by the act; redefining the
   54         term “rent subsidies”; amending s. 420.9072, F.S.;
   55         prohibiting a county or an eligible municipality from
   56         expending its portion of the local housing
   57         distribution to provide ongoing rent subsidies;
   58         specifying exceptions; amending s. 420.9075, F.S.;
   59         providing that a certain partnership process of the
   60         State Housing Initiatives Partnership Program should
   61         involve lead agencies of local homeless assistance
   62         continuums of care; encouraging counties and eligible
   63         municipalities to develop a strategy within their
   64         local housing assistance plans which provides program
   65         funds for reducing homelessness; revising the criteria
   66         that apply to awards made to sponsors or persons for
   67         the purpose of providing housing; requiring that a
   68         specified report submitted by counties and
   69         municipalities include a description of efforts to
   70         reduce homelessness; creating s. 420.9089, F.S.;
   71         providing legislative findings and intent; amending s.
   72         421.04, F.S.; prohibiting a housing authority from
   73         applying to the Federal Government to seize projects,
   74         units, or vouchers of another established housing
   75         authority; amending s. 421.05, F.S.; exempting
   76         authorities from s. 215.425, F.S.; amending s.
   77         421.091, F.S.; requiring a full financial accounting
   78         and audit of public housing agencies to be submitted
   79         to the Federal Government pursuant to certain
   80         requirements; exempting housing authorities from
   81         specified reporting requirements; providing an
   82         effective date.
   84  Be It Enacted by the Legislature of the State of Florida:
   86         Section 1. Subsection (3) of section 420.5087, Florida
   87  Statutes, is amended to read:
   88         420.5087 State Apartment Incentive Loan Program.—There is
   89  hereby created the State Apartment Incentive Loan Program for
   90  the purpose of providing first, second, or other subordinated
   91  mortgage loans or loan guarantees to sponsors, including for
   92  profit, nonprofit, and public entities, to provide housing
   93  affordable to very-low-income persons.
   94         (3) During the first 6 months of loan or loan guarantee
   95  availability, program funds shall be reserved for use by
   96  sponsors who provide the housing set-aside required in
   97  subsection (2) for the tenant groups designated in this
   98  subsection. The reservation of funds to each of these groups
   99  shall be determined using the most recent statewide very-low
  100  income rental housing market study available at the time of
  101  publication of each notice of fund availability required by
  102  paragraph (6)(b). The reservation of funds within each notice of
  103  fund availability to the tenant groups in paragraphs (b)-(e)
  104  (a), (b), and (e) may not be less than 10 percent of the funds
  105  available at that time. Any increase in funding required to
  106  reach the 10-percent minimum must be taken from the tenant group
  107  that has the largest reservation. The reservation of funds
  108  within each notice of fund availability to the tenant group in
  109  paragraph (a) (c) may not be less than 5 percent of the funds
  110  available at that time. The reservation of funds within each
  111  notice of fund availability to the tenant group in paragraph (d)
  112  may not be more than 10 percent of the funds available at that
  113  time. The tenant groups are:
  114         (a) Commercial fishing workers and farmworkers;
  115         (b) Families;
  116         (c) Persons who are homeless;
  117         (d) Persons with special needs; and
  118         (e) Elderly persons. Ten percent of the amount reserved for
  119  the elderly shall be reserved to provide loans to sponsors of
  120  housing for the elderly for the purpose of making building
  121  preservation, health, or sanitation repairs or improvements
  122  which are required by federal, state, or local regulation or
  123  code, or lifesafety or security-related repairs or improvements
  124  to such housing. Such a loan may not exceed $750,000 per housing
  125  community for the elderly. In order to receive the loan, the
  126  sponsor of the housing community must make a commitment to match
  127  at least 5 percent of the loan amount to pay the cost of such
  128  repair or improvement. The corporation shall establish the rate
  129  of interest on the loan, which may not exceed 3 percent, and the
  130  term of the loan, which may not exceed 15 years; however, if the
  131  lien of the corporation’s encumbrance is subordinate to the lien
  132  of another mortgagee, then the term may be made coterminous with
  133  the longest term of the superior lien. The term of the loan
  134  shall be based on a credit analysis of the applicant. The
  135  corporation may forgive indebtedness for a share of the loan
  136  attributable to the units in a project reserved for extremely
  137  low-income elderly by nonprofit organizations, as defined in s.
  138  420.0004(5), if where the project has provided affordable
  139  housing to the elderly for 15 years or more. The corporation
  140  shall establish, by rule, the procedure and criteria for
  141  receiving, evaluating, and competitively ranking all
  142  applications for loans under this paragraph. A loan application
  143  must include evidence of the first mortgagee’s having reviewed
  144  and approved the sponsor’s intent to apply for a loan. A
  145  nonprofit organization or sponsor may not use the proceeds of
  146  the loan to pay for administrative costs, routine maintenance,
  147  or new construction.
  148         Section 2. Paragraphs (a) and (b) of subsection (3) and
  149  subsections (4), (5), and (6) of section 420.622, Florida
  150  Statutes, are amended to read:
  151         420.622 State Office on Homelessness; Council on
  152  Homelessness.—
  153         (3) The State Office on Homelessness, pursuant to the
  154  policies set by the council and subject to the availability of
  155  funding, shall:
  156         (a) Coordinate among state, local, and private agencies and
  157  providers to produce a statewide consolidated inventory program
  158  and financial plan for the state’s entire system of homeless
  159  programs which incorporates regionally developed plans. Such
  160  programs include, but are not limited to:
  161         1. Programs authorized under the Stewart B. McKinney
  162  Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq.,
  163  and carried out under funds awarded to this state; and
  164         2. Programs, components thereof, or activities that assist
  165  persons who are homeless or at risk for homelessness.
  166         (b) Collect, maintain, and make available information
  167  concerning persons who are homeless or at risk for homelessness,
  168  including demographics information, current services and
  169  resources available, the cost and availability of services and
  170  programs, and the met and unmet needs of this population. All
  171  entities that receive state funding must provide access to all
  172  data they maintain in summary form, with no individual
  173  identifying information, to assist the council in providing this
  174  information. The State Office on Homelessness shall establish a
  175  task force to make recommendations regarding the implementation
  176  of a statewide Homeless Management Information System (HMIS).
  177  The task force shall define the conceptual framework of such a
  178  system; study existing statewide HMIS models; establish an
  179  inventory of local HMIS systems, including providers and license
  180  capacity; examine the aggregated reporting being provided by
  181  local continuums of care; complete an analysis of current
  182  continuum of care resources; and provide recommendations on the
  183  costs and benefits of implementing a statewide HMIS. The task
  184  force shall also make recommendations regarding the development
  185  of a statewide, centralized coordinated assessment system in
  186  conjunction with the implementation of a statewide HMIS. The
  187  task force findings must be reported to the Council on
  188  Homelessness no later than December 31, 2016. The council shall
  189  explore the potential of creating a statewide Management
  190  Information System (MIS), encouraging the future participation
  191  of any bodies that are receiving awards or grants from the
  192  state, if such a system were adopted, enacted, and accepted by
  193  the state.
  194         (4) The State Office on Homelessness, with the concurrence
  195  of the Council on Homelessness, shall may accept and administer
  196  moneys appropriated to it to provide annual “Challenge Grants”
  197  to lead agencies of homeless assistance continuums of care
  198  designated by the State Office on Homelessness pursuant to s.
  199  420.624. The department shall establish varying levels of grant
  200  awards up to $500,000 per lead agency. Award levels shall be
  201  based upon the total population within the continuum of care
  202  catchment area and reflect the differing degrees of homelessness
  203  in the catchment planning areas. The department, in consultation
  204  with the Council on Homelessness, shall specify a grant award
  205  level in the notice of the solicitation of grant applications.
  206         (a) To qualify for the grant, a lead agency must develop
  207  and implement a local homeless assistance continuum of care plan
  208  for its designated catchment area. The continuum of care plan
  209  must implement a coordinated assessment or central intake system
  210  to screen, assess, and refer persons seeking assistance to the
  211  appropriate service provider. The lead agency shall also
  212  document the commitment of local government and private
  213  organizations to provide matching funds or in-kind support in an
  214  amount equal to the grant requested. Expenditures of leveraged
  215  funds or resources, including third-party cash or in-kind
  216  contributions, are permitted only for eligible activities
  217  committed on one project which have not been used as leverage or
  218  match for any other project or program and must be certified
  219  through a written commitment.
  220         (b) Preference must be given to those lead agencies that
  221  have demonstrated the ability of their continuum of care to
  222  provide quality services to homeless persons and the ability to
  223  leverage federal homeless-assistance funding under the Stewart
  224  B. McKinney Act and private funding for the provision of
  225  services to homeless persons.
  226         (c) Preference must be given to lead agencies in catchment
  227  areas with the greatest need for the provision of housing and
  228  services to the homeless, relative to the population of the
  229  catchment area.
  230         (d) The grant may be used to fund any of the housing,
  231  program, or service needs included in the local homeless
  232  assistance continuum of care plan. The lead agency may allocate
  233  the grant to programs, services, or housing providers that
  234  implement the local homeless assistance continuum care plan. The
  235  lead agency may provide subgrants to a local agency to implement
  236  programs or services or provide housing identified for funding
  237  in the lead agency’s application to the department. A lead
  238  agency may spend a maximum of 8 percent of its funding on
  239  administrative costs.
  240         (e) The lead agency shall submit a final report to the
  241  department documenting the outcomes achieved by the grant in
  242  enabling persons who are homeless to return to permanent housing
  243  thereby ending such person’s episode of homelessness.
  244         (5) The State Office on Homelessness, with the concurrence
  245  of the Council on Homelessness, may administer moneys
  246  appropriated to it to provide homeless housing assistance grants
  247  annually to lead agencies for local homeless assistance
  248  continuum of care, as recognized by the State Office on
  249  Homelessness, to acquire, construct, or rehabilitate
  250  transitional or permanent housing units for homeless persons.
  251  These moneys shall consist of any sums that the state may
  252  appropriate, as well as money received from donations, gifts,
  253  bequests, or otherwise from any public or private source, which
  254  are intended to acquire, construct, or rehabilitate transitional
  255  or permanent housing units for homeless persons.
  256         (a) Grant applicants shall be ranked competitively.
  257  Preference must be given to applicants who leverage additional
  258  private funds and public funds, particularly federal funds
  259  designated for the acquisition, construction, or rehabilitation
  260  of transitional or permanent housing for homeless persons; who
  261  acquire, build, or rehabilitate the greatest number of units; or
  262  and who acquire, build, or rehabilitate in catchment areas
  263  having the greatest need for housing for the homeless relative
  264  to the population of the catchment area.
  265         (b) Funding for any particular project may not exceed
  266  $750,000.
  267         (c) Projects must reserve, for a minimum of 10 years, the
  268  number of units acquired, constructed, or rehabilitated through
  269  homeless housing assistance grant funding to serve persons who
  270  are homeless at the time they assume tenancy.
  271         (d) No more than two grants may be awarded annually in any
  272  given local homeless assistance continuum of care catchment
  273  area.
  274         (e) A project may not be funded which is not included in
  275  the local homeless assistance continuum of care plan, as
  276  recognized by the State Office on Homelessness, for the
  277  catchment area in which the project is located.
  278         (f) The maximum percentage of funds that the State Office
  279  on Homelessness and each applicant may spend on administrative
  280  costs is 5 percent.
  281         (6) The State Office on Homelessness, in conjunction with
  282  the Council on Homelessness, shall establish performance
  283  measures and specific objectives by which it may to evaluate the
  284  effective performance and outcomes of lead agencies that receive
  285  grant funds. Any funding through the State Office on
  286  Homelessness shall be distributed to lead agencies based on
  287  their overall performance and their achievement of specified
  288  objectives. Each lead agency for which grants are made under
  289  this section shall provide the State Office on Homelessness a
  290  thorough evaluation of the effectiveness of the program in
  291  achieving its stated purpose. In evaluating the performance of
  292  the lead agencies, the State Office on Homelessness shall base
  293  its criteria upon the program objectives, goals, and priorities
  294  that were set forth by the lead agencies in their proposals for
  295  funding. Such criteria may include, but not be limited to, the
  296  number of persons or households that are no longer homeless, the
  297  rate of recidivism to homelessness, and the number of persons
  298  who obtain gainful employment homeless individuals provided
  299  shelter, food, counseling, and job training.
  300         Section 3. Subsections (3), (7), and (8) of section
  301  420.624, Florida Statutes, are amended to read:
  302         420.624 Local homeless assistance continuum of care.—
  303         (3) Communities or regions seeking to implement a local
  304  homeless assistance continuum of care are encouraged to develop
  305  and annually update a written plan that includes a vision for
  306  the continuum of care, an assessment of the supply of and demand
  307  for housing and services for the homeless population, and
  308  specific strategies and processes for providing the components
  309  of the continuum of care. The State Office on Homelessness, in
  310  conjunction with the Council on Homelessness, shall include in
  311  the plan a methodology for assessing performance and outcomes.
  312  The State Office on Homelessness shall supply a standardized
  313  format for written plans, including the reporting of data.
  314         (7) The components of a continuum of care plan should
  315  include:
  316         (a) Outreach, intake, and assessment procedures in order to
  317  identify the service and housing needs of an individual or
  318  family and to link them with appropriate housing, services,
  319  resources, and opportunities;
  320         (b) Emergency shelter, in order to provide a safe, decent
  321  alternative to living in the streets;
  322         (c) Transitional housing;
  323         (d) Supportive services, designed to assist with the
  324  development of the skills necessary to secure and retain
  325  permanent housing;
  326         (e) Permanent supportive housing;
  327         (f) Rapid ReHousing, as specified in s. 420.6265;
  328         (g)(f) Permanent housing;
  329         (h)(g) Linkages and referral mechanisms among all
  330  components to facilitate the movement of individuals and
  331  families toward permanent housing and self-sufficiency;
  332         (i)(h) Services and resources to prevent housed persons
  333  from becoming or returning to homelessness; and
  334         (j)(i) An ongoing planning mechanism to address the needs
  335  of all subgroups of the homeless population, including but not
  336  limited to:
  337         1. Single adult males;
  338         2. Single adult females;
  339         3. Families with children;
  340         4. Families with no children;
  341         5. Unaccompanied children and youth;
  342         6. Elderly persons;
  343         7. Persons with drug or alcohol addictions;
  344         8. Persons with mental illness;
  345         9. Persons with dual or multiple physical or mental
  346  disorders;
  347         10. Victims of domestic violence; and
  348         11. Persons living with HIV/AIDS.
  349         (8) Continuum of care plans must promote participation by
  350  all interested individuals and organizations and may not exclude
  351  individuals and organizations on the basis of race, color,
  352  national origin, sex, handicap, familial status, or religion.
  353  Faith-based organizations must be encouraged to participate. To
  354  the extent possible, these components must should be coordinated
  355  and integrated with other mainstream health, social services,
  356  and employment programs for which homeless populations may be
  357  eligible, including Medicaid, State Children’s Health Insurance
  358  Program, Temporary Assistance for Needy Families, Food
  359  Assistance Program, and services funded through the Mental
  360  Health and Substance Abuse Block Grant, the Workforce Investment
  361  Act, and the welfare-to-work grant program.
  362         Section 4. Section 420.6265, Florida Statutes, is created
  363  to read:
  364         420.6265 Rapid ReHousing.—
  366         (a) The Legislature finds that Rapid ReHousing is a
  367  strategy of using temporary financial assistance and case
  368  management to quickly move an individual or family out of
  369  homelessness and into permanent housing.
  370         (b) The Legislature also finds that public and private
  371  solutions to homelessness in the past have focused on providing
  372  individuals and families who are experiencing homelessness with
  373  emergency shelter, transitional housing, or a combination of
  374  both. While emergency shelter and transitional housing programs
  375  may provide critical access to services for individuals and
  376  families in crisis, the programs often fail to address their
  377  long-term needs.
  378         (c) The Legislature further finds that most households
  379  become homeless as a result of a financial crisis that prevents
  380  individuals and families from paying rent or a domestic conflict
  381  that results in one member being ejected or leaving without
  382  resources or a plan for housing.
  383         (d) The Legislature further finds that Rapid ReHousing is
  384  an alternative approach to the current system of emergency
  385  shelter or transitional housing which tends to reduce the length
  386  of time a person is homeless and has proven to be cost
  387  effective.
  388         (e) It is therefore the intent of the Legislature to
  389  encourage homeless continuums of care to adopt the Rapid
  390  ReHousing approach to preventing homelessness for individuals
  391  and families who do not require the intense level of supports
  392  provided in the permanent supportive housing model.
  394         (a) The Rapid ReHousing response to homelessness differs
  395  from traditional approaches to addressing homelessness by
  396  focusing on each individual’s or family’s barriers to housing.
  397  By using this approach, communities can significantly reduce the
  398  amount of time that individuals and families are homeless and
  399  prevent further episodes of homelessness.
  400         (b) In Rapid ReHousing, an individual or family is
  401  identified as being homeless, temporary assistance is provided
  402  to allow the individual or family to obtain permanent housing as
  403  quickly as possible, and, if needed, assistance is provided to
  404  allow the individual or family to retain housing.
  405         (c) The objective of Rapid ReHousing is to provide
  406  assistance for as short a term as possible so that the
  407  individual or family receiving assistance does not develop a
  408  dependency on the assistance.
  409         Section 5. Subsections (25) and (26) of section 420.9071,
  410  Florida Statutes, are amended to read:
  411         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  412  term:
  413         (25) “Recaptured funds” means funds that are recouped by a
  414  county or eligible municipality in accordance with the recapture
  415  provisions of its local housing assistance plan pursuant to s.
  416  420.9075(5)(i) s. 420.9075(5)(h) from eligible persons or
  417  eligible sponsors, which funds were not used for assistance to
  418  an eligible household for an eligible activity, when there is a
  419  default on the terms of a grant award or loan award.
  420         (26) “Rent subsidies” means ongoing monthly rental
  421  assistance. The term does not include initial assistance to
  422  tenants, such as grants or loans for security and utility
  423  deposits.
  424         Section 6. Subsection (7) of section 420.9072, Florida
  425  Statutes, is amended, present subsections (8) and (9) of that
  426  section are redesignated as subsections (9) and (10),
  427  respectively, and a new subsection (8) is added to that section,
  428  to read:
  429         420.9072 State Housing Initiatives Partnership Program.—The
  430  State Housing Initiatives Partnership Program is created for the
  431  purpose of providing funds to counties and eligible
  432  municipalities as an incentive for the creation of local housing
  433  partnerships, to expand production of and preserve affordable
  434  housing, to further the housing element of the local government
  435  comprehensive plan specific to affordable housing, and to
  436  increase housing-related employment.
  437         (7) A county or an eligible municipality must expend its
  438  portion of the local housing distribution only to implement a
  439  local housing assistance plan or as provided in this subsection.
  440  A county or an eligible municipality may not expend its portion
  441  of the local housing distribution to provide rent subsidies;
  442  however, this does not prohibit the use of funds for security
  443  and utility deposit assistance.
  444         (8)A county or an eligible municipality may not expend its
  445  portion of the local housing distribution to provide ongoing
  446  rent subsidies, except for:
  447         (a)Security and utility deposit assistance.
  448         (b)Eviction prevention not to exceed 6 months’ rent.
  449         (c)A rent subsidy program for very-low-income households
  450  with at least one adult who is a person with special needs as
  451  defined in s. 420.0004 or homeless as defined in s. 420.621. The
  452  period of rental assistance may not exceed 12 months for any
  453  eligible household.
  454         Section 7. Paragraph (a) of subsection (2) of section
  455  420.9075, Florida Statutes, is amended, paragraph (f) is added
  456  to subsection (3) of that section, subsection (5) of that
  457  section is amended, and paragraph (i) is added to subsection
  458  (10) of that section, to read:
  459         420.9075 Local housing assistance plans; partnerships.—
  460         (2)(a) Each county and each eligible municipality
  461  participating in the State Housing Initiatives Partnership
  462  Program shall encourage the involvement of appropriate public
  463  sector and private sector entities as partners in order to
  464  combine resources to reduce housing costs for the targeted
  465  population. This partnership process should involve:
  466         1. Lending institutions.
  467         2. Housing builders and developers.
  468         3. Nonprofit and other community-based housing and service
  469  organizations.
  470         4. Providers of professional services relating to
  471  affordable housing.
  472         5. Advocates for low-income persons, including, but not
  473  limited to, homeless people, the elderly, and migrant
  474  farmworkers.
  475         6. Real estate professionals.
  476         7. Other persons or entities who can assist in providing
  477  housing or related support services.
  478         8. Lead agencies of local homeless assistance continuums of
  479  care.
  480         (3)
  481         (f) Each county and each eligible municipality is
  482  encouraged to develop a strategy within its local housing
  483  assistance plan which provides program funds for reducing
  484  homelessness.
  485         (5) The following criteria apply to awards made to eligible
  486  sponsors or eligible persons for the purpose of providing
  487  eligible housing:
  488         (a) At least 65 percent of the funds made available in each
  489  county and eligible municipality from the local housing
  490  distribution must be reserved for home ownership for eligible
  491  persons.
  492         (b) Up to 25 percent of the funds made available in each
  493  county and eligible municipality from the local housing
  494  distribution may be reserved for rental housing for eligible
  495  persons or for the purposes enumerated in s. 420.9072(8).
  496         (c)(b) At least 75 percent of the funds made available in
  497  each county and eligible municipality from the local housing
  498  distribution must be reserved for construction, rehabilitation,
  499  or emergency repair of affordable, eligible housing.
  500         (d)(c) Not more than 20 percent of the funds made available
  501  in each county and eligible municipality from the local housing
  502  distribution may be used for manufactured housing.
  503         (e)(d) The sales price or value of new or existing eligible
  504  housing may not exceed 90 percent of the average area purchase
  505  price in the statistical area in which the eligible housing is
  506  located. Such average area purchase price may be that calculated
  507  for any 12-month period beginning not earlier than the fourth
  508  calendar year before prior to the year in which the award occurs
  509  or as otherwise established by the United States Department of
  510  the Treasury.
  511         (f)(e)1. All units constructed, rehabilitated, or otherwise
  512  assisted with the funds provided from the local housing
  513  assistance trust fund must be occupied by very-low-income
  514  persons, low-income persons, and moderate-income persons except
  515  as otherwise provided in this section.
  516         2. At least 30 percent of the funds deposited into the
  517  local housing assistance trust fund must be reserved for awards
  518  to very-low-income persons or eligible sponsors who will serve
  519  very-low-income persons and at least an additional 30 percent of
  520  the funds deposited into the local housing assistance trust fund
  521  must be reserved for awards to low-income persons or eligible
  522  sponsors who will serve low-income persons. This subparagraph
  523  does not apply to a county or an eligible municipality that
  524  includes, or has included within the previous 5 years, an area
  525  of critical state concern designated or ratified by the
  526  Legislature for which the Legislature has declared its intent to
  527  provide affordable housing. The exemption created by this act
  528  expires on July 1, 2013, and shall apply retroactively.
  529         (g)(f) Loans shall be provided for periods not exceeding 30
  530  years, except for deferred payment loans or loans that extend
  531  beyond 30 years which continue to serve eligible persons.
  532         (h)(g) Loans or grants for eligible rental housing
  533  constructed, rehabilitated, or otherwise assisted from the local
  534  housing assistance trust fund must be subject to recapture
  535  requirements as provided by the county or eligible municipality
  536  in its local housing assistance plan unless reserved for
  537  eligible persons for 15 years or the term of the assistance,
  538  whichever period is longer. Eligible sponsors that offer rental
  539  housing for sale before 15 years or that have remaining
  540  mortgages funded under this program must give a first right of
  541  refusal to eligible nonprofit organizations for purchase at the
  542  current market value for continued occupancy by eligible
  543  persons.
  544         (i)(h) Loans or grants for eligible owner-occupied housing
  545  constructed, rehabilitated, or otherwise assisted from proceeds
  546  provided from the local housing assistance trust fund shall be
  547  subject to recapture requirements as provided by the county or
  548  eligible municipality in its local housing assistance plan.
  549         (j)(i) The total amount of monthly mortgage payments or the
  550  amount of monthly rent charged by the eligible sponsor or her or
  551  his designee must be made affordable.
  552         (k)(j) The maximum sales price or value per unit and the
  553  maximum award per unit for eligible housing benefiting from
  554  awards made pursuant to this section must be established in the
  555  local housing assistance plan.
  556         (l)(k) The benefit of assistance provided through the State
  557  Housing Initiatives Partnership Program must accrue to eligible
  558  persons occupying eligible housing. This provision shall not be
  559  construed to prohibit use of the local housing distribution
  560  funds for a mixed income rental development.
  561         (m)(l) Funds from the local housing distribution not used
  562  to meet the criteria established in paragraph (a) or paragraph
  563  (c) (b) or not used for the administration of a local housing
  564  assistance plan must be used for housing production and finance
  565  activities, including, but not limited to, financing
  566  preconstruction activities or the purchase of existing units,
  567  providing rental housing, and providing home ownership training
  568  to prospective home buyers and owners of homes assisted through
  569  the local housing assistance plan.
  570         1. Notwithstanding the provisions of paragraphs (a) and (c)
  571  (b), program income as defined in s. 420.9071(24) may also be
  572  used to fund activities described in this paragraph.
  573         2. When preconstruction due-diligence activities conducted
  574  as part of a preservation strategy show that preservation of the
  575  units is not feasible and will not result in the production of
  576  an eligible unit, such costs shall be deemed a program expense
  577  rather than an administrative expense if such program expenses
  578  do not exceed 3 percent of the annual local housing
  579  distribution.
  580         3. If both an award under the local housing assistance plan
  581  and federal low-income housing tax credits are used to assist a
  582  project and there is a conflict between the criteria prescribed
  583  in this subsection and the requirements of s. 42 of the Internal
  584  Revenue Code of 1986, as amended, the county or eligible
  585  municipality may resolve the conflict by giving precedence to
  586  the requirements of s. 42 of the Internal Revenue Code of 1986,
  587  as amended, in lieu of following the criteria prescribed in this
  588  subsection with the exception of paragraphs (a) and (f) (e) of
  589  this subsection.
  590         4. Each county and each eligible municipality may award
  591  funds as a grant for construction, rehabilitation, or repair as
  592  part of disaster recovery or emergency repairs or to remedy
  593  accessibility or health and safety deficiencies. Any other
  594  grants must be approved as part of the local housing assistance
  595  plan.
  596         (10) Each county or eligible municipality shall submit to
  597  the corporation by September 15 of each year a report of its
  598  affordable housing programs and accomplishments through June 30
  599  immediately preceding submittal of the report. The report shall
  600  be certified as accurate and complete by the local government’s
  601  chief elected official or his or her designee. Transmittal of
  602  the annual report by a county’s or eligible municipality’s chief
  603  elected official, or his or her designee, certifies that the
  604  local housing incentive strategies, or, if applicable, the local
  605  housing incentive plan, have been implemented or are in the
  606  process of being implemented pursuant to the adopted schedule
  607  for implementation. The report must include, but is not limited
  608  to:
  609         (i) A description of efforts to reduce homelessness.
  610         Section 8. Section 420.9089, Florida Statutes, is created
  611  to read:
  612         420.9089 National Housing Trust Fund.—The Legislature finds
  613  that more funding for housing to assist the homeless is needed
  614  and encourages the state entity designated to administer funds
  615  made available to the state from the National Housing Trust Fund
  616  to propose an allocation plan that includes strategies to reduce
  617  homelessness in this state. These strategies to address
  618  homelessness shall be in addition to strategies under s.
  619  420.5087.
  620         Section 9. Subsection (4) is added to section 421.04,
  621  Florida Statutes, to read:
  622         421.04 Creation of housing authorities.—
  623         (4) Regardless of the date of its creation, a housing
  624  authority may not apply to the Federal Government to seize any
  625  projects, units, or vouchers of another established housing
  626  authority, irrespective of each housing authority’s areas of
  627  operation.
  628         Section 10. Subsection (2) of section 421.05, Florida
  629  Statutes, is amended to read:
  630         421.05 Appointment, qualifications, and tenure of
  631  commissioners; hiring of employees.—
  632         (2) The powers of each authority shall be vested in the
  633  commissioners thereof in office from time to time. A majority of
  634  the commissioners shall constitute a quorum of the authority for
  635  the purpose of conducting its business and exercising its powers
  636  and for all other purposes. Action may be taken by the authority
  637  upon a vote of a majority of the commissioners present, unless
  638  in any case the bylaws of the authority require a larger number.
  639  The mayor with the concurrence of the governing body shall
  640  designate which of the commissioners appointed shall be the
  641  first chair from among the appointed commissioners, but when the
  642  office of the chair of the authority thereafter becomes vacant,
  643  the authority shall select a chair from among the its
  644  commissioners. An authority shall also select from among the its
  645  commissioners a vice chair,; and it may employ a secretary, who
  646  shall be the executive director, technical experts, and such
  647  other officers, agents, and employees, permanent and temporary,
  648  as it may require and shall determine their qualifications,
  649  duties, and compensation. Accordingly, authorities are exempt
  650  from s. 215.425. For such legal services as it may require, An
  651  authority may call upon the chief law officer of the city or may
  652  employ its own counsel and legal staff for legal services. An
  653  authority may delegate to one or more of its agents or employees
  654  such powers or duties as it may deem proper.
  655         Section 11. Subsection (1) of section 421.091, Florida
  656  Statutes, is amended to read:
  657         421.091 Financial accounting and investments; fiscal year.—
  658         (1) A complete and full financial accounting and audit in
  659  accordance with federal audit standards of public housing
  660  agencies shall be made biennially by a certified public
  661  accountant and submitted to the Federal Government in accordance
  662  with its policies. Housing authorities are otherwise exempt from
  663  the reporting requirements of s. 218.32. A copy of such audit
  664  shall be filed with the governing body and with the Auditor
  665  General.
  666         Section 12. This act shall take effect July 1, 2016.