House Bill hb0427

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    Florida House of Representatives - 2001                 HB 427

        By Representative Fiorentino






  1                      A bill to be entitled

  2         An act relating to homelessness; creating the

  3         State Office on Homelessness within the

  4         Department of Children and Family Services;

  5         directing the Governor to appoint an executive

  6         director for the state office; providing duties

  7         of the executive director; creating the Council

  8         on Homelessness; providing for membership of

  9         the council; providing for reimbursement of

10         council members' travel expenses; providing

11         duties and responsibilities of the council;

12         requiring an annual report; amending s.

13         228.041, F.S.; revising definition of "homeless

14         child" for purposes of the Florida School Code;

15         requiring the Department of Education to adopt

16         rules; amending s. 232.01, F.S.; requiring

17         school districts to make reasonable efforts to

18         remove policies that create barriers to

19         enrollment of homeless students; amending s.

20         232.032, F.S.; providing a temporary exemption

21         from required immunizations prior to school

22         attendance for homeless children; amending s.

23         232.03, F.S.; providing a temporary exemption

24         from proof-of-age requirements prior to school

25         admittance for homeless children; amending s.

26         232.0315, F.S.; providing a temporary exemption

27         from school-entry health examination

28         requirements for homeless children; providing

29         for followup; amending s. 420.5087, F.S.,

30         relating to the State Apartment Incentive Loan

31         Program; providing for loans for homeless

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  1         persons; revising a limitation on loans for the

  2         elderly; amending s. 420.511, F.S., relating to

  3         the Florida Housing Finance Corporation;

  4         requiring report of services provided to

  5         homeless persons; amending s. 420.609, F.S.;

  6         revising membership and duties of the

  7         Affordable Housing Study Commission; amending

  8         s. 420.621, F.S.; revising definition of

  9         "homeless" in provisions relating to local

10         coalitions for the homeless and local community

11         grants-in-aid; providing an effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  (1)  The State Office on Homelessness shall

16  be created and shall be housed for administrative purposes

17  within the Department of Children and Family Services. The

18  Governor shall appoint an executive director for the state

19  office who shall administer the state office, coordinate the

20  functions of the state office with the Council on

21  Homelessness, and assist the council in carrying out its

22  duties. The Secretary of Children and Family Services shall

23  provide administrative oversight, interagency counsel, and

24  other related coordination for the state office.

25         (2)(a)  The Council on Homelessness shall be created

26  and shall consist of a 15-member council of public and private

27  agency representatives and other interested persons, who shall

28  develop and coordinate policy on homelessness in the state and

29  advise the State Office on Homelessness. The council members

30  shall consist of the following:  the Secretary of Children and

31  Family Services, or a designee; the Secretary of Community

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  1  Affairs, or a designee; the Secretary of Health, or a

  2  designee; the Executive Director of Veterans' Affairs, or a

  3  designee; the Secretary of Corrections, or a designee; the

  4  Director of Workforce Florida, Inc., or a designee; one

  5  representative from the Florida Coalition for the Homeless;

  6  one representative from the Florida Coalition for Supportive

  7  Housing; the executive director of the Florida Housing Finance

  8  Corporation, or a designee; one representative from the

  9  Florida Association of Counties; one representative from the

10  Florida State Rural Development Council; and four persons

11  appointed by the Governor.

12         (b)  The council members appointed by the Governor

13  shall be laypersons who have experience or involvement with

14  issues relating to homelessness. These members shall serve

15  staggered 2-year terms.

16         (c)  Council members shall receive no compensation and

17  shall be reimbursed for travel expenses only.

18         (d)  The council shall meet at least four times per

19  year.

20         (3)  In carrying out its purposes, the council shall:

21         (a)  Coordinate among state, local, and private

22  agencies and providers to produce a statewide consolidated

23  program and financial plan for the state's entire system of

24  programs relating to homelessness, that incorporates

25  regionally developed programs and plans.

26         (b)  Collect, maintain, and make available information

27  concerning persons who are homeless or at risk for

28  homelessness, including demographic information, current

29  services and resources available, the cost and availability of

30  services and programs, and the met and unmet needs of such

31  persons. All entities that receive state funding must provide

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  1  access to all the data they maintain, to assist the council in

  2  providing this information. The council shall explore the

  3  potential for creating a statewide management information

  4  system and encouraging future participation in that system by

  5  all entities that receive awards or grants from the state.

  6         (c)  Annually evaluate state and local services and

  7  resources, and develop a consolidated plan for addressing the

  8  needs of persons who are homeless or those at risk for

  9  homelessness.

10         (d)  Explore, compile, and disseminate information

11  regarding public and private funding sources for state and

12  local programs serving persons who are homeless, and provide

13  technical assistance in applying for such funding.

14         (e)  Monitor and provide recommendations for

15  coordinating the activities and programs of local coalitions

16  for the homeless, and promote the effectiveness of programs

17  addressing the needs of persons who are homeless.

18         (f)  Provide technical assistance to facilitate efforts

19  to establish, maintain, and expand local homeless assistance

20  continuums of care.

21         (g)  Develop and assist in the coordination of policies

22  and procedures relating to the discharge or transfer of

23  persons who are homeless, or at risk for homelessness, from

24  the care or custody of state-supported or state-regulated

25  entities.

26         (h)  Spearhead outreach efforts for maximizing access

27  by persons who are homeless, or who are at risk for

28  homelessness, to state and federal programs and resources.

29         (i)  Promote a federal policy agenda responsive to the

30  needs of the state's homeless population.

31

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  1         (j)  Develop outcome and accountability measures, and

  2  promote and use such measures to evaluate program

  3  effectiveness and to make recommendations for improving

  4  current practices in order to best meet the needs of persons

  5  who are homeless.

  6         (k)  Formulate policies and legislative proposals to

  7  more effectively address the needs of persons who are

  8  homeless, and coordinate the implementation of state and

  9  federal legislative policies.

10         (l)  Convene meetings and workshops of state and local

11  agencies, local coalitions and programs, and other

12  stakeholders for the purpose of developing and reviewing

13  policies, services, activities, coordination, and funding of

14  efforts to meet the needs of persons who are homeless.

15         (m)  Conduct or promote research on the effectiveness

16  of current programs, and propose pilot projects aimed at

17  improving services.

18         (n)  Serve as an advocate for issues related to

19  homelessness.

20         (o) Investigate ways to improve access to participation

21  by faith-based organizations in state funding and other

22  programs for prevention and alleviation of homelessness. The

23  council shall collaborate and coordinate with faith-based

24  organizations.

25         (4)  The council and the Department of Children and

26  Family Services may contract with private entities for staff

27  services and the performance of the functions described in

28  subsection (3).

29         (5)  The council shall issue an annual report, by

30  December 31, which shall include an evaluation of the

31  performance of the executive director of the State Office on

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  1  Homelessness in assisting the council in fulfilling its duties

  2  and shall be submitted to the Governor, the President of the

  3  Senate, the Speaker of the House of Representatives, and the

  4  Secretary of Children and Family Services. The annual report

  5  shall summarize the activities of the local coalitions for the

  6  homeless and make recommendations for reducing homelessness in

  7  the state.

  8         Section 2.  Subsection (35) of section 228.041, Florida

  9  Statutes, is amended to read:

10         228.041  Definitions.--Specific definitions shall be as

11  follows, and wherever such defined words or terms are used in

12  the Florida School Code, they shall be used as follows:

13         (35)  HOMELESS CHILD.--

14         (a)  A homeless child is a child who lacks a fixed,

15  regular, and adequate nighttime residence or a child who has a

16  primary nighttime residence that is in:

17         1.  A supervised publicly or privately operated shelter

18  designed to provide temporary living accommodations, including

19  welfare hotels, congregate shelters, and transitional housing

20  for the mentally ill;

21         2.  An institution that provides a temporary residence

22  for individuals intended to be institutionalized; or

23         3.  A public or private place not designed for, or

24  ordinarily used as, a regular sleeping accommodation for human

25  beings.

26         (b)  A child shall also be considered homeless if:

27         1.  He or she temporarily resides in a household in

28  which no parent or guardian of the child is a member; and

29         2.  The primary reason the child resides in such a

30  household is the inability of all parents or guardians to

31  supply adequate housing for the child.

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  1

  2  A child in the custody of the state shall not be considered

  3  homeless under this paragraph. The school district shall make

  4  the final determination as to whether a child not in the

  5  custody of the state is homeless under this paragraph.

  6         (c)  The term "homeless" does not include any

  7  individual imprisoned or otherwise detained pursuant to a

  8  state law or an Act of Congress.

  9         (d)  The Department of Education shall develop rules to

10  be used in applying this definition to particular cases. one

11  whose primary nighttime residence is in a supervised publicly

12  or privately operated shelter for temporary accommodations or

13  in a public or private place not designated for, or ordinarily

14  used for, continuing human habitation.

15         Section 3.  Paragraph (f) of subsection (1) of section

16  232.01, Florida Statutes, is amended to read:

17         232.01  School attendance.--

18         (1)

19         (f)  Homeless children, as defined in s. 228.041, must

20  have access to a free public education and must be admitted to

21  school in the school district in which they or their families

22  live. School districts shall assist homeless children to meet

23  the requirements of ss. 232.03, 232.0315, and 232.032, as well

24  as local requirements for documentation. School districts

25  shall make reasonable efforts to relax or remove policies and

26  procedures that create, either directly or indirectly,

27  barriers to the enrollment or attendance of homeless students.

28         Section 4.  Paragraph (e) of subsection (3) of section

29  232.032, Florida Statutes, is amended to read:

30         232.032  Immunization against communicable diseases;

31  school attendance requirements; exemptions.--

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  1         (3)  The provisions of this section shall not apply if:

  2         (e)  An authorized school official issues a temporary

  3  exemption, for a period not to exceed 30 school days, to

  4  permit a child who transfers into a new county to attend class

  5  until his or her records can be obtained. Barring extenuating

  6  circumstances, a homeless child, as defined in s. 228.041,

  7  shall receive a temporary exemption for 30 school days. The

  8  public school health nurse or authorized nonpublic school

  9  official is responsible for followup of each such child until

10  proper documentation or immunizations are obtained. An

11  exemption for 30 days may be issued for a child who enters a

12  juvenile justice program to permit the child to attend class

13  until his or her records can be obtained or until the

14  immunizations can be obtained. An authorized juvenile justice

15  official is responsible for followup of each child who enters

16  a juvenile justice program until proper documentation or

17  immunizations are obtained.

18         Section 5.  Section 232.03, Florida Statutes, is

19  amended to read:

20         232.03  Evidence of date of birth required.--

21         (1)  Before admitting a child to prekindergarten or

22  kindergarten, the principal shall require evidence that the

23  child has attained the age at which he or she should be

24  admitted in accordance with the provisions of s. 232.01.  The

25  superintendent may require evidence of the age of any child

26  whom he or she believes to be within the limits of compulsory

27  attendance as provided for by law.  If the first prescribed

28  evidence is not available, the next evidence obtainable in the

29  order set forth below shall be accepted:

30

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  1         (a)(1)  A duly attested transcript of the child's birth

  2  record filed according to law with a public officer charged

  3  with the duty of recording births;

  4         (b)(2)  A duly attested transcript of a certificate of

  5  baptism showing the date of birth and place of baptism of the

  6  child, accompanied by an affidavit sworn to by the parent;

  7         (c)(3)  An insurance policy on the child's life which

  8  has been in force for at least 2 years;

  9         (d)(4)  A bona fide contemporary Bible record of the

10  child's birth accompanied by an affidavit sworn to by the

11  parent;

12         (e)(5)  A passport or certificate of arrival in the

13  United States showing the age of the child; or

14         (f)(6)  A transcript of record of age shown in the

15  child's school record of at least 4 years prior to

16  application, stating date of birth; or

17         (2)(7)  If none of the these evidences set forth in

18  subsection (1) can be produced, an affidavit of age sworn to

19  by the parent, accompanied by a certificate of age signed by a

20  public health officer or by a public school physician, or, if

21  neither of these shall be available in the county, by a

22  licensed practicing physician designated by the school board,

23  which certificate shall state that the health officer or

24  physician has examined the child and believes that the age as

25  stated in the affidavit is substantially correct.

26         (3)  A homeless child, as defined in s. 228.041, shall

27  receive a temporary exemption from the provisions of this

28  section for 30 school days.

29         Section 6.  Subsection (1) of section 232.0315, Florida

30  Statutes, is amended to read:

31         232.0315  School-entry health examinations.--

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  1         (1)  The school board of each district and the

  2  governing authority of each nonpublic school shall require

  3  that each child who is entitled to admittance to

  4  prekindergarten or kindergarten, or is entitled to any other

  5  initial entrance into a public or nonpublic school in this

  6  state, present a certification of a school-entry health

  7  examination performed within 1 year prior to enrollment in

  8  school.  The school board of each district, and the governing

  9  authority of each nonpublic school, may establish a policy

10  which permits a student up to 30 school days to present a

11  certification of a school-entry health examination. Barring

12  extenuating circumstances, a homeless child, as defined in s.

13  228.041, shall receive a temporary exemption for 30 school

14  days. The public school health nurse or authorized nonpublic

15  school official is responsible for followup of each such child

16  until proper certification is obtained. Any school board which

17  establishes such a policy shall include provisions in its

18  local school health services plan to assist students in

19  obtaining the health examinations.  However, any child shall

20  be exempt from the requirement of a health examination upon

21  written request of the parent or guardian of such child

22  stating objections to such examination on religious grounds.

23         Section 7.  Subsection (3) of section 420.5087, Florida

24  Statutes, is amended to read:

25         420.5087  State Apartment Incentive Loan

26  Program.--There is hereby created the State Apartment

27  Incentive Loan Program for the purpose of providing first,

28  second, or other subordinated mortgage loans or loan

29  guarantees to sponsors, including for-profit, nonprofit, and

30  public entities, to provide housing affordable to

31  very-low-income persons.

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  1         (3)  During the first 6 months of loan or loan

  2  guarantee availability, program funds shall be reserved for

  3  use by sponsors who provide the housing set-aside required in

  4  subsection (2) for tenants in the three tenant groups

  5  designated in this subsection. The reservation of funds to

  6  each of these groups shall be determined using the most recent

  7  statewide very-low-income rental housing market study

  8  available at the time of publication of each notice of fund

  9  availability required by paragraph (6)(b). The reservation of

10  funds within each notice of fund availability to the three

11  tenant groups designated in this subsection may not be less

12  than 10 percent of the funds available at that time.  Any

13  increase in funding required to reach the 10-percent minimum

14  shall be taken from the tenant group that has the largest

15  reservation. The three tenant groups are:

16         (a)  Commercial fishing workers and farmworkers;

17         (b)  Families; and

18         (c)  Persons who are homeless; and

19         (d)(c)1.  Elderly persons.

20         2.  Ten percent of the amount reserved for the elderly

21  pursuant to subparagraph 1. shall be reserved to provide loans

22  to sponsors of housing for the elderly, as defined in s.

23  420.503, for the purpose of making building preservation,

24  health, or sanitation repairs or improvements which are

25  required by federal, state, or local regulation or code, or

26  lifesafety or security-related repairs or improvements to such

27  housing. Such loans A loan for a lifesafety, building

28  preservation, health, sanitation, or security-related repair

29  or improvement may not exceed $200,000 per housing community

30  for the elderly.  In order to receive the loan, the sponsor of

31  the housing community for the elderly must make a commitment

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  1  to match at least 15 percent of the loan amount to pay the

  2  cost of such repair or improvement.  The corporation shall

  3  establish the rate of interest on the loan, which may not

  4  exceed 3 percent, and the term of the loan, which may not

  5  exceed 15 years. The term of the loan shall be established on

  6  the basis of a credit analysis of the applicant. The

  7  corporation shall establish, by rule, the procedure and

  8  criteria for receiving, evaluating, and competitively ranking

  9  all applications for loans under this paragraph subparagraph.

10  A loan application must include evidence of the first

11  mortgagee's having reviewed and approved the sponsor's intent

12  to apply for the a loan.  A nonprofit organization or sponsor

13  may not use the proceeds of the a loan received pursuant to

14  this subparagraph to pay for administrative costs, routine

15  maintenance, or new construction.

16         Section 8.  Paragraph (e) of subsection (3) of section

17  420.511, Florida Statutes, is amended to read:

18         420.511  Business plan; strategic plan; annual

19  report.--

20         (3)  The corporation shall submit to the Governor and

21  the presiding officers of each house of the Legislature,

22  within 2 months after the end of its fiscal year, a complete

23  and detailed report setting forth:

24         (e)  Information relating to the corporation's

25  activities in implementing the provisions of ss. 420.5087 and

26  420.5088.  The report required by this subsection shall

27  include, but not be limited to:

28         1.  The number of people served, delineated by income,

29  age, family size, and racial characteristics.

30         2.  The number of units produced under each program.

31

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  1         3.  The average cost of producing units under each

  2  program.

  3         4.  The average sales price of single-family units

  4  financed under s. 420.5088.

  5         5.  The average amount of rent charged based on unit

  6  size on units financed under s. 420.5087.

  7         6.  The number of persons in rural communities served

  8  under each program.

  9         7.  The number of farmworkers served under each

10  program.

11         8.  The number of elderly persons served under each

12  program.

13         9.  The number of homeless persons served under each

14  program.

15         10.9.  The extent to which geographic distribution has

16  been achieved in accordance with the provisions of s.

17  420.5087.

18         11.10.  Any other information the corporation deems

19  appropriate.

20         Section 9.  Paragraph (p) of subsection (1) of section

21  420.609, Florida Statutes, is redesignated as paragraph (q)

22  and amended, a new paragraph (p) is added to said subsection,

23  and subsection (4) of said section is amended, to read:

24         420.609  Affordable Housing Study Commission.--Because

25  the Legislature firmly supports affordable housing in Florida

26  for all economic classes:

27         (1)  There is hereby created the Affordable Housing

28  Study Commission which shall be composed of 21 members to be

29  appointed by the Governor:

30         (p)  One citizen representing the housing interests of

31  persons who are homeless.

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  1         (q)(p)  Two Three members who are residents of the

  2  state.

  3         (4)  The commission shall analyze those solutions and

  4  programs which could begin to address the state's acute need

  5  for housing for persons who are homeless; for very-low-income,

  6  low-income, and moderate-income persons; and for elderly

  7  persons, including programs or proposals which provide for:

  8         (a)  Offering of low-interest and zero-interest loans

  9  for the development or rehabilitation of housing;

10         (b)  Use of publicly owned lands and buildings as

11  affordable housing sites;

12         (c)  Coordination with federal initiatives, including

13  development of an approved housing strategy;

14         (d)  Streamlining of the various state, regional, and

15  local regulations, and housing and building codes governing

16  the housing industry;

17         (e)  Stimulation of public and private cooperative

18  housing efforts;

19         (f)  Implementation or expansion of the programs

20  authorized in this chapter;

21         (g)  Discovery and assessment of sources of funding

22  sources for low-cost housing construction and rehabilitation;

23  and

24         (h)  Development of such other solutions and programs

25  as the commission deems appropriate.

26

27  In performing its analysis, the commission shall consider both

28  homeownership and rental housing as viable options for the

29  provision of housing. The commission shall also give

30  consideration to various types of residential construction,

31  including but not limited to, manufactured housing.

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  1         Section 10.  Subsection (4) of section 420.621, Florida

  2  Statutes, is amended to read:

  3         420.621  Definitions; ss. 420.621-420.627.--As used in

  4  ss. 420.621-420.627, the following terms shall have the

  5  following meanings, unless the context otherwise requires:

  6         (4)  "Homeless" means lacking a fixed, regular, and

  7  adequate having a nighttime residence or having a primary

  8  nighttime residence that is in:

  9         (a)  A supervised publicly or privately operated

10  shelter designed to provide temporary living accommodations,

11  including welfare hotels, congregate shelters, and

12  transitional housing for the mentally ill; In a public or

13  private emergency shelter; such as, an armory, school, church,

14  government building or, where a temporary voucher is provided

15  by a public or private agency, in a hotel, apartment, or

16  boarding home.

17         (b)  An institution that provides a temporary residence

18  for individuals intended to be institutionalized; or On the

19  streets or under a bridge or aqueduct, in a park, subway, bus

20  terminal, railroad station, airport, abandoned building, or

21  vehicle, or in any other public or private space that is not

22  designed for shelter.

23         (c)  A public or private place not designed for, or

24  ordinarily used as, a regular sleeping accommodation for human

25  beings.

26

27  The term "homeless" does not include any individual imprisoned

28  or otherwise detained pursuant to a state law or an Act of

29  Congress.

30         Section 11.  This act shall take effect July 1, 2001.

31

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the State Office on Homelessness within the
  4    Department of Children and Family Services. Directs the
      Governor to appoint an executive director, and provides
  5    duties thereof. Creates the Council on Homelessness,
      consisting of representatives of public and private
  6    agencies, and laypersons, to develop and coordinate
      policy on homelessness in the state and to advise the
  7    state office. Provides membership and duties of the
      council. Requires an annual report to the Governor and
  8    the Legislature. Revises the definition of "homeless
      child" for purposes of the Florida School Code. Requires
  9    school districts to make reasonable efforts to remove
      barriers to enrollment of homeless children and to
10    provide temporary exemptions from immunization, birth
      record, and health certificate requirements to allow
11    admittance of such children. Provides for loans to
      homeless persons under the State Apartment Incentive Loan
12    Program. Revises a limitation on loans for elderly
      persons under the program. Requires certain reports of
13    the Florida Housing Finance Corporation to include
      numbers of homeless persons served in its programs. Adds
14    a person representing the housing interests of homeless
      persons to the Affordable Housing Study Commission.
15    Revises duties of the commission to include analyzing
      programs which could address the state's need for housing
16    for persons who are homeless. Revises the definition of
      "homeless" in provisions relating to local coalitions for
17    the homeless and local community grants-in-aid.

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