House Bill hb0427c1

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    Florida House of Representatives - 2001              CS/HB 427

        By the Committee on Local Government & Veterans Affairs
    and Representatives Fiorentino, Gannon, Detert, Bense and
    Henriquez




  1                      A bill to be entitled

  2         An act relating to homelessness; amending s.

  3         228.041, F.S.; redefining the term "homeless

  4         child"; amending ss. 232.03, 232.0315, and

  5         232.032, F.S.; revising the deadline for

  6         submission of documents for school registration

  7         for children who are homeless; amending s.

  8         420.5087, F.S., relating to the State Apartment

  9         Incentive Loan Program; revising the

10         requirements for qualifying to participate in

11         the program; adding the homeless to the list of

12         eligible tenant groups; amending s. 420.511,

13         F.S.; revising reporting requirements of the

14         Florida Housing Finance Corporation; amending

15         s. 420.609, F.S., relating to the Affordable

16         Housing Study Commission; revising the

17         membership of the commission; requiring the

18         commission to analyze how to address the acute

19         need for housing for the homeless; amending s.

20         420.621, F.S.; redefining the term "homeless";

21         creating s. 420.622, F.S.; creating the State

22         Office on Homelessness within the Department of

23         Children and Family Services; requiring the

24         Governor to appoint an executive director for

25         the State Office on Homelessness; creating the

26         Council on Homelessness; providing for council

27         membership; providing for council members to be

28         reimbursed for travel expenses; providing for

29         grants for homeless assistance continuums of

30         care; providing grants for homeless housing

31         assistance; prescribing duties and

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  1         responsibilities of the State Office on

  2         Homelessness; requiring the Department of

  3         Children and Family Services to adopt rules

  4         with input from the Council on Homelessness;

  5         requiring an annual report; amending s.

  6         420.623, F.S.; revising the list of

  7         organizations that may participate in local

  8         homeless coalitions; revising the functions of

  9         local homeless coalitions; creating s. 420.624,

10         F.S.; establishing guidelines for local

11         homeless assistance continuum of care; creating

12         s. 420.626, F.S.; establishing guidelines for

13         discharging persons at risk for homelessness

14         from facilities providing mental illness or

15         substance abuse services; amending s. 420.9075,

16         F.S.; expanding the list of partners that

17         counties and cities are encouraged to involve

18         in developing housing assistance plans;

19         amending s. 445.009, F.S.; revising regional

20         workforce boards' one-stop delivery system;

21         requiring the Office of Program Policy Analysis

22         and Government Accountability to report on

23         homelessness; designating December 21 as

24         "Homeless Persons' Memorial Day"; providing

25         appropriations; providing an effective date.

26

27         WHEREAS, the Florida Homeless Study Commission has

28  revealed that homelessness has been steadily increasing for

29  several years and constitutes, especially for the mentally

30  ill, an archaic form of human misery that can no longer be

31

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  1  tolerated in this, the world's greatest and most responsive

  2  democracy, and

  3         WHEREAS, homelessness creates a sizable drain on social

  4  and economic resources and is a frustration to legitimate

  5  commerce and an obstacle to community development, and

  6         WHEREAS, prevention of future homelessness will pay

  7  great dividends to all Floridians that will justify the effort

  8  and costs of instituting a statewide plan to relieve

  9  homelessness, and

10         WHEREAS, health and social services, as well as welfare

11  institutions, are now faced with the urgent necessity of

12  creating new avenues of cooperation, coordination, and mutual

13  support, and there is a statewide need for new concentrations

14  of community outreach, and for active, aggressive provision of

15  services, for the treatment and prevention of homelessness and

16  mental illness among the homeless, and

17         WHEREAS, the Department of Children and Family Services

18  has concluded that Florida homeless persons number at least

19  57,400 at any given time, and fall into one or more of the

20  following categories: women and their children; the mentally

21  ill; military veterans; and drug or alcohol addicts, and

22         WHEREAS, the commission found the causes of

23  homelessness to be numerous and complex and therefore the cure

24  cannot be simplistic and cannot exclusively address any single

25  issue or causative factor, and

26         WHEREAS, due to the lack of resources, many local

27  governments throughout the State of Florida have not focused

28  on the obstacles that need to be overcome to solve the problem

29  of homelessness, and

30         WHEREAS, it is absolutely necessary that any

31  meaningful, comprehensive plan for the eradication or

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  1  significant reduction of homelessness be a partnership between

  2  the state and local governments to draw upon the "best

  3  practices" of local model practices to achieve a permanent,

  4  uniform, and integrated state strategy, NOW, THEREFORE,

  5

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

  7

  8         Section 1.  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.--A homeless child is:

14         (a)  One who lacks a fixed, regular nighttime

15  residence;

16         (b)  One who has a primary nighttime residence that is:

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; or

26         (c)  One who temporarily resides with an adult other

27  than his or her parent or guardian because the parent or

28  guardian is suffering financial hardship.

29

30  A child who is imprisoned, detained, or in the custody of the

31  state pursuant to a state or federal law is not a homeless

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  1  child whose primary nighttime residence is in a supervised

  2  publicly or privately operated shelter for temporary

  3  accommodations or in a public or private place not designated

  4  for, or ordinarily used for, continuing human habitation.

  5         Section 2.  Subsection (7) of section 232.03, Florida

  6  Statutes, is amended to read:

  7         232.03  Evidence of date of birth required.--Before

  8  admitting a child to prekindergarten or kindergarten, the

  9  principal shall require evidence that the child has attained

10  the age at which he or she should be admitted in accordance

11  with the provisions of s. 232.01.  The superintendent may

12  require evidence of the age of any child whom he or she

13  believes to be within the limits of compulsory attendance as

14  provided for by law.  If the first prescribed evidence is not

15  available, the next evidence obtainable in the order set forth

16  below shall be accepted:

17         (7)  If none of these evidences can be produced, an

18  affidavit of age sworn to by the parent, accompanied by a

19  certificate of age signed by a public health officer or by a

20  public school physician, or, if neither of these shall be

21  available in the county, by a licensed practicing physician

22  designated by the school board, which certificate shall state

23  that the health officer or physician has examined the child

24  and believes that the age as stated in the affidavit is

25  substantially correct. A homeless child, as defined in s.

26  228.041, shall be given temporary exemption from this section

27  for 30 school days.

28         Section 3.  Subsection (1) of section 232.0315, Florida

29  Statutes, is amended to read:

30         232.0315  School-entry health examinations.--

31

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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. A homeless

12  child, as defined in s. 228.041, shall be given a temporary

13  exemption for 30 school days. Any school board which

14  establishes such a policy shall include provisions in its

15  local school health services plan to assist students in

16  obtaining the health examinations. However, any child shall be

17  exempt from the requirement of a health examination upon

18  written request of the parent or guardian of such child

19  stating objections to such examination on religious grounds.

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

21  232.032, Florida Statutes, is amended to read:

22         232.032  Immunization against communicable diseases;

23  school attendance requirements; exemptions.--

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

25         (e)  An authorized school official issues a temporary

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

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

28  until his or her records can be obtained. A homeless child, as

29  defined in s. 228.041, shall be given a temporary exemption

30  for 30 school days. The public school health nurse or

31  authorized nonpublic school official is responsible for

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  1  followup of each such child until proper documentation or

  2  immunizations are obtained. An exemption for 30 days may be

  3  issued for a child who enters a juvenile justice program to

  4  permit the child to attend class until his or her records can

  5  be obtained or until the immunizations can be obtained. An

  6  authorized juvenile justice official is responsible for

  7  followup of each child who enters a juvenile justice program

  8  until proper documentation or immunizations are obtained.

  9         Section 5.  Subsection (3) of section 420.5087, Florida

10  Statutes, is amended to read:

11         420.5087  State Apartment Incentive Loan

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

13  Incentive Loan Program for the purpose of providing first,

14  second, or other subordinated mortgage loans or loan

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

16  public entities, to provide housing affordable to

17  very-low-income persons.

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

19  guarantee availability, program funds shall be reserved for

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

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

22  designated in this subsection. The reservation of funds to

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

24  statewide very-low-income rental housing market study

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

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

27  funds within each notice of fund availability to the three

28  tenant groups in paragraphs (a), (b), and (d) designated in

29  this subsection may not be less than 10 percent of the funds

30  available at that time. Any increase in funding required to

31  reach the 10-percent minimum shall be taken from the tenant

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  1  group that has the largest reservation. The reservation of

  2  funds within each notice of fund availability to the tenant

  3  group in paragraph (c) may not be less than 5 percent of the

  4  funds available at that time.  The three tenant groups are:

  5         (a)  Commercial fishing workers and farmworkers;

  6         (b)  Families; and

  7         (c)  Persons who are homeless; and

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

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

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

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

12  420.503, for the purpose of making building preservation,

13  health, or sanitation repairs or improvements which are

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

15  lifesafety or security-related repairs or improvements to such

16  housing. Such a loan for a lifesafety, building preservation,

17  health, sanitation, or security-related repair or improvement

18  may not exceed $200,000 per housing community for the elderly.

19  In order to receive the loan, the sponsor of the housing

20  community for the elderly must make a commitment to match at

21  least 15 percent of the loan amount to pay the cost of such

22  repair or improvement.  The corporation shall establish the

23  rate of interest on the loan, which may not exceed 3 percent,

24  and the term of the loan, which may not exceed 15 years. The

25  term of the loan shall be established on the basis of a credit

26  analysis of the applicant. The corporation shall establish, by

27  rule, the procedure and criteria for receiving, evaluating,

28  and competitively ranking all applications for loans under

29  this paragraph subparagraph.  A loan application must include

30  evidence of the first mortgagee's having reviewed and approved

31  the sponsor's intent to apply for a loan.  A nonprofit

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  1  organization or sponsor may not use the proceeds of the a loan

  2  received pursuant to this subparagraph to pay for

  3  administrative costs, routine maintenance, or new

  4  construction.

  5         Section 6.  Paragraph (e) of subsection (3) of section

  6  420.511, Florida Statutes, is amended to read:

  7         420.511  Business plan; strategic plan; annual

  8  report.--

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

10  the presiding officers of each house of the Legislature,

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

12  and detailed report setting forth:

13         (e)  Information relating to the corporation's

14  activities in implementing the provisions of ss. 420.5087 and

15  420.5088.  The report required by this subsection shall

16  include, but not be limited to:

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

18  age, family size, and racial characteristics.

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

20         3.  The average cost of producing units under each

21  program.

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

23  financed under s. 420.5088.

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

25  size on units financed under s. 420.5087.

26         6.  The number of persons in rural communities served

27  under each program.

28         7.  The number of farmworkers served under each

29  program.

30         8.  The number of homeless persons served under each

31  program.

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  1         9.8.  The number of elderly persons served under each

  2  program.

  3         10.9.  The extent to which geographic distribution has

  4  been achieved in accordance with the provisions of s.

  5  420.5087.

  6         11.10.  Any other information the corporation deems

  7  appropriate.

  8         Section 7.  Subsections (1) and (4) of section 420.609,

  9  Florida Statutes, are amended to read:

10         420.609  Affordable Housing Study Commission.--Because

11  the Legislature firmly supports affordable housing in Florida

12  for all economic classes:

13         (1)  There is hereby created the Affordable Housing

14  Study Commission, which shall be composed of 21 members to be

15  appointed by the Governor:

16         (a)  One citizen actively engaged in the residential

17  home building industry.

18         (b)  One citizen actively engaged in the home mortgage

19  lending profession.

20         (c)  One citizen actively engaged in the real estate

21  sales profession.

22         (d)  One citizen actively engaged in apartment

23  development.

24         (e)  One citizen actively engaged in the management and

25  operation of a rental housing development.

26         (f)  Two citizens who represent very-low-income and

27  low-income persons.

28         (g)  One citizen representing a community-based

29  organization with experience in housing development.

30

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  1         (h)  One citizen representing a community-based

  2  organization with experience in housing development in a

  3  community with a population of less than 50,000 persons.

  4         (i)  Two citizens who represent elderly persons'

  5  housing interests.

  6         (j)  One representative of regional planning councils.

  7         (k)  One representative of the Florida League of

  8  Cities.

  9         (l)  One representative of the Florida Association of

10  Counties.

11         (m)  Two citizens representing statewide growth

12  management organizations.

13         (n)  One citizen of the state to serve as chair of the

14  commission.

15         (o)  One citizen representing a residential community

16  developer.

17         (p)  One member Three members who is a resident are

18  residents of the state.

19         (q)  One representative from a local housing authority.

20         (r)  One citizen representing the housing interests of

21  homeless persons.

22         (4)  The commission shall analyze those solutions and

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

24  for housing for the homeless; for very-low-income, low-income,

25  and moderate-income persons; and for elderly persons,

26  including programs or proposals which provide for:

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

28  for the development or rehabilitation of housing;

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

30  affordable housing sites;

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  1         (c)  Coordination with federal initiatives, including

  2  development of an approved housing strategy;

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

  4  local regulations, and housing and building codes governing

  5  the housing industry;

  6         (e)  Stimulation of public and private cooperative

  7  housing efforts;

  8         (f)  Implementation or expansion of the programs

  9  authorized in this chapter;

10         (g)  Discovery and assessment of sources of funding

11  sources for low-cost housing construction and rehabilitation;

12  and

13         (h)  Development of such other solutions and programs

14  as the commission deems appropriate.

15

16  In performing its analysis, the commission shall consider both

17  homeownership and rental housing as viable options for the

18  provision of housing. The commission shall also give

19  consideration to various types of residential construction,

20  including but not limited to, manufactured housing.

21         Section 8.  Subsection (4) of section 420.621, Florida

22  Statutes, is amended to read:

23         420.621  Definitions; ss. 420.621-420.627.--As used in

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

25  following meanings, unless the context otherwise requires:

26         (4)  "Homeless" refers to an individual who lacks a

27  fixed, regular, and adequate nighttime residence or an

28  individual who has a primary nighttime residence that is:

29         (a)  A supervised publicly or privately operated

30  shelter designed to provide temporary living accommodations,

31

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  1  including welfare hotels, congregate shelters, and

  2  transitional housing for the mentally ill;

  3         (b)  An institution that provides a temporary residence

  4  for individuals intended to be institutionalized; or

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

  6  ordinarily used as, a regular sleeping accommodation for human

  7  beings.

  8

  9  The term does not refer to any individual imprisoned or

10  otherwise detained pursuant to state or federal law means

11  having a nighttime residence:

12         (a)  In a public or private emergency shelter; such as,

13  an armory, school, church, government building or, where a

14  temporary voucher is provided by a public or private agency,

15  in a hotel, apartment, or boarding home.

16         (b)  On the streets or under a bridge or aqueduct, in a

17  park, subway, bus terminal, railroad station, airport,

18  abandoned building, or vehicle, or in any other public or

19  private space that is not designed for shelter.

20         Section 9.  Section 420.622, Florida Statutes, is

21  created to read:

22         420.622  State Office on Homelessness; Council on

23  Homelessness.--

24         (1)  The State Office on Homelessness is created within

25  the Department of Children and Family Services to provide

26  interagency, council, and other related coordination on issues

27  relating to homelessness.  An executive director of the office

28  shall be appointed by the Governor.

29         (2)  The Council on Homelessness is created to consist

30  of a 15-member council of public and private agency

31  representatives who shall develop policy and advise the State

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  1  Office on Homelessness. The council members shall be: the

  2  Secretary of Children and Family Services, or his or her

  3  designee; the Secretary of Community Affairs, or his or her

  4  designee; the Secretary of Health, or his or her designee; the

  5  Executive Director of Veterans' Affairs, or his or her

  6  designee; the Secretary of Corrections, or his or her

  7  designee; the Director of Workforce Florida, Inc., or his or

  8  her designee; one representative of the Florida Association of

  9  Counties; one representative of the Florida Coalition for

10  Supportive Housing; the Executive Director of the Florida

11  Housing Finance Corporation, or his or her designee; one

12  representative of the Florida Coalition for the Homeless; one

13  representative of the Florida State Rural Development Council;

14  and four members appointed by the Governor. The council

15  members shall be volunteer, nonpaid persons and shall be

16  reimbursed for travel expenses only. The appointed members of

17  the council shall serve staggered 2-year terms, and the

18  council shall meet at least four times per year. The

19  importance of minority, gender, and geographic representation

20  must be considered when appointing members to the council.

21         (3)  The State Office on Homelessness, pursuant to

22  policy set by the council and subject to availability of

23  funding, shall:

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

25  agencies and providers to produce a statewide consolidated

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

27  homeless programs which incorporates regionally developed

28  plans. Such programs include, but are not limited to:

29         1.  Programs authorized under the Stewart B. McKinney

30  Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq.,

31  and carried out under funds awarded to this state; and

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  1         2.  Programs, components thereof, or activities that

  2  assist persons who are homeless or at risk for homelessness.

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

  4  concerning persons who are homeless or at risk for

  5  homelessness, including demographics information, current

  6  services and resources available, the cost and availability of

  7  services and programs, and the met and unmet needs of this

  8  population. All entities that receive state funding must

  9  provide access to all data they maintain in summary form, with

10  no individual identifying information, to assist the council

11  in providing this information. The council shall explore the

12  potential of creating a statewide management information

13  system, encouraging the future participation of any bodies

14  that are receiving awards or grants from the state, if such a

15  system were adopted, enacted, and accepted by the state.

16         (c)  Annually evaluate state and local services and

17  resources and develop a consolidated plan for addressing the

18  needs of the homeless or those at risk for homelessness.

19         (d)  Explore, compile, and disseminate information

20  regarding public and private funding sources for state and

21  local programs serving the homeless and provide technical

22  assistance in applying for such funding.

23         (e)  Monitor and provide recommendations for

24  coordinating the activities and programs of local coalitions

25  for the homeless and promote the effectiveness of programs

26  addressing the needs of the homeless.

27         (f)  Provide technical assistance to facilitate efforts

28  to establish, maintain, and expand local homeless assistance

29  continuums of care.

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

31  and procedures relating to the discharge or transfer from the

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  1  care or custody of state-supported or state-regulated entities

  2  persons who are homeless or at risk for homelessness.

  3         (h)  Spearhead outreach efforts for maximizing access

  4  by people who are homeless or at risk for homelessness to

  5  state and federal programs and resources.

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

  7  needs of the homeless population in this state.

  8         (j)  Develop outcome and accountability measures and

  9  promote and use such measures to evaluate program

10  effectiveness and make recommendations for improving current

11  practices in order to best meet the needs of the homeless.

12         (k)  Formulate policies and legislative proposals to

13  address more effectively the needs of the homeless and

14  coordinate the implementation of state and federal legislative

15  policies.

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

17  agencies, local coalitions and programs, and other

18  stakeholders for the purpose of developing and reviewing

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

20  efforts to meet the needs of the homeless.

21         (m)  Conduct or promote research on the effectiveness

22  of current programs and propose pilot projects aimed at

23  improving services.

24         (n)  Serve as an advocate for issues relating to

25  homelessness.

26         (o)  Investigate ways to improve access to

27  participation in state funding and other programs for

28  prevention and alleviation of homelessness to faith-based

29  organizations and collaborate and coordinate with faith-based

30  organizations.

31

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  1         (4)  Not less than 120 days after the effective date of

  2  this act, the State Office on Homelessness, with the

  3  concurrence of the Council on Homelessness, may accept and

  4  administer moneys appropriated to it to provide challenge

  5  grants annually to lead agencies for homeless assistance

  6  continuums of care designated by the State Office on

  7  Homelessness. A lead agency may be a local homeless coalition,

  8  municipal or county government, or other public agency or

  9  private not-for-profit corporation. Such grants may be up to

10  $500,000 per lead agency.

11         (a)  To qualify for the grant, a lead agency must

12  develop and implement a local homeless assistance continuum of

13  care plan for its designated catchment area.

14         (b)  Preference must be given to those lead agencies

15  that have demonstrated the ability of their continuum of care

16  to provide quality services to homeless persons and the

17  ability to leverage federal homeless assistance funding under

18  the Stewart B. McKinney Homeless Assistance Act and private

19  funding for the provision of services to homeless persons.

20         (c)  Preference must be given to lead agencies in

21  catchment areas with the greatest need for the provision of

22  housing and services to the homeless relative to the

23  population of the catchment area.

24         (5)  The State Office on Homelessness, with the

25  concurrence of the Council on Homelessness, may administer

26  moneys appropriated to it to provide homeless housing

27  assistance grants annually to lead agencies for local homeless

28  assistance continuum of care, as recognized by the State

29  Office on Homelessness, to construct or rehabilitate

30  transitional or permanent housing units for homeless persons.

31  These moneys shall consist of any sums that the state may

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  1  appropriate, as well as moneys received from donations, gifts,

  2  bequests, or otherwise, from any public or private source,

  3  which moneys are intended to construct or rehabilitate

  4  transitional or permanent housing units for homeless persons.

  5         (a)  Grant applicants shall be ranked competitively.

  6  Preference shall be given to applicants who leverage

  7  additional private funds and public funds, particularly

  8  federal funds designated for the construction and

  9  rehabilitation of transitional or permanent housing for

10  homeless persons, who build or rehabilitate the greatest

11  number of units, and who build or rehabilitate in catchment

12  areas having the greatest need for housing for the homeless

13  relative to the population of the catchment area.

14         (b)  Funding for any particular project may not exceed

15  $750,000.

16         (c)  Projects shall reserve, for a minimum of 10 years,

17  the number of units constructed or rehabilitated through

18  homeless housing assistance grant funding to serve persons who

19  are homeless at the time they assume tenancy.

20         (d)  No more than two grants may be awarded annually in

21  any given local homeless assistance continuum of care

22  catchment area.

23         (e)  A project may not be funded which is not included

24  in the local homeless assistance continuum of care plan, as

25  recognized by the State Office on Homelessness, for the

26  catchment area in which the project is located.

27         (f)  The maximum percentage of funds that the State

28  Office on Homelessness and each applicant may spend on

29  administrative costs is 5 percent.

30         (6)  The State Office on Homelessness shall establish

31  performance measures to evaluate the effective performance of

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  1  lead agencies that receive grant funds. Each lead agency for

  2  which grants are made under this section shall provide to the

  3  State Office on Homelessness a thorough evaluation of the

  4  effectiveness of the program in achieving its stated purpose.

  5  In evaluating the performance of the lead agencies, the State

  6  Office on Homelessness shall base its criteria upon the

  7  program objectives, goals, and priorities that were set forth

  8  by the lead agencies in their proposals for funding. Such

  9  criteria may include, but not be limited to, the numbers of

10  homeless individuals provided shelter, food, counseling, and

11  job training.

12         (7)  The State Office on Homelessness shall monitor the

13  challenge grants and homeless housing assistance grants to

14  ensure proper expenditure of funds and compliance with the

15  conditions of the applicant's contract.

16         (8)  The Department of Children and Family Services,

17  with input from the Council on Homelessness, shall adopt rules

18  relating to the challenge grants and the homeless housing

19  assistance grants and related issues consistent with the

20  purposes of this section.

21         (9)  The council shall, by December 31 of each year,

22  issue to the Governor, the President of the Senate, the

23  Speaker of the House of Representatives, and the Secretary of

24  Children and Family Services an evaluation of the executive

25  director's performance in fulfilling the statutory duties of

26  the office, a report summarizing the council's recommendations

27  to the office and corresponding actions taken by the office,

28  and any recommendations to the Legislature for proposals to

29  reduce homelessness in this state.

30         Section 10.  Section 420.623, Florida Statutes, is

31  amended to read:

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  1         420.623  Local coalitions for the homeless.--

  2         (1)  ESTABLISHMENT.--The department shall establish in

  3  each of its service districts one or more local coalitions to

  4  plan, network, coordinate, and monitor oversee the delivery of

  5  services to the homeless in that district. Appropriate local

  6  groups and organizations involved in providing services for

  7  the homeless and interested business groups and associations

  8  shall be given an opportunity to participate in such

  9  coalitions, including, but not limited to:

10         (a)  Organizations and agencies providing mental health

11  and substance abuse treatment Community mental health centers.

12         (b)  County health departments and community health

13  centers.

14         (c)  Organizations and agencies providing food,

15  shelter, or other services targeted to the homeless.

16         (d)  Local law enforcement agencies.

17         (e)  Regional workforce boards Local offices of the

18  Department of Labor and Employment Security.

19         (f)  County and municipal governments.

20         (g)  Local public housing authorities.

21         (h)  Local school districts.

22         (i)  Local organizations and agencies serving specific

23  subgroups of the homeless population, including, but not

24  limited to, those serving veterans, victims of domestic

25  violence, persons with HIV/AIDS, and runaway youth.

26         (j)  Local community-based care alliances.

27         (2)  FUNCTIONS OF LOCAL COALITIONS.--Major functions of

28  the local coalitions are shall be to:

29         (a)  Develop or assist with the development of the

30  local homeless assistance continuum of care plan, as described

31  in s. 420.624, for the catchment area containing the county or

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  1  region served by the local homeless coalition. Unless

  2  otherwise specified in the plan or as a result of an agreement

  3  with another coalition in the same catchment area, the local

  4  coalition shall serve as the lead agency for the local

  5  homeless assistance continuum of care.

  6         (b)  Discuss local issues related to homelessness and

  7  the needs of the homeless.

  8         (c)(b)  Inventory all local resources for the homeless,

  9  including, but not limited to, food assistance, clothing,

10  emergency shelter, low-cost housing, emergency medical care,

11  counseling, training, and employment.

12         (d)(c)  Review and assess all services and programs in

13  support of the homeless and identify unmet needs of the

14  homeless.

15         (e)(d)  Facilitate Plan for the delivery of multiagency

16  services for the homeless to eliminate duplication of services

17  and to maximize the use of limited existing resources for the

18  homeless.

19         (f)(e)  Develop new programs and services to fill

20  critical service gaps, if necessary, through reallocation of

21  existing resources for the homeless.

22         (g)(f)  Develop a community resource directory of

23  services available to the homeless for use by agencies,

24  volunteers, information and referral systems, and homeless

25  persons.

26         (h)(g)  Develop public education and outreach

27  initiatives to make homeless persons aware of the services

28  available to them through community agencies and

29  organizations.

30         (i)(h)  Identify and explore new approaches to shelter

31  care for the homeless, such as the use of vacant publicly

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  1  owned buildings, vacant beds in assisted living facilities,

  2  and vacant beds in foster homes, as resources for emergency

  3  shelter care for homeless persons.

  4         (j)(i)  Monitor and evaluate local homeless initiatives

  5  to assess their impact, to determine the adequacy of services

  6  available through such initiatives, and to identify additional

  7  unmet needs of homeless persons.

  8         (k)(j)  Collect and compile information relating to the

  9  homeless population served and report on a regular basis, but

10  at least annually, such information to the department, as

11  directed by the department.

12         (l)(k)  Develop an annual report detailing the

13  coalition's goals and activities local plan of action which

14  shall include:

15         1.  The description, documentation, and priority

16  ranking of local needs related to the problems of

17  homelessness.

18         2.  A plan outlining steps to be taken in meeting

19  identified needs.

20         (m)3.  Develop spending plans pursuant to the

21  grant-in-aid program created under s. 420.625. Spending plans

22  shall include a competitive ranking of applications from local

23  agencies eligible for funding pursuant to the provisions of s.

24  420.625.

25         (n)  Develop a strategy for increasing support and

26  participation from local businesses in the coalition's

27  programs and activities.

28         (3)  DEPARTMENT GUIDELINES.--The department shall

29  develop guidelines for coalition activities, coalition

30  reports, and development of local plans of action.

31

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  1         (4)  ANNUAL REPORTS.--The department shall submit to

  2  the Governor, the Speaker of the House of Representatives, and

  3  the President of the Senate, by June 30, beginning in 1989, an

  4  annual report consisting of a compilation of data collected by

  5  local coalitions, progress made in the development and

  6  implementation of local homeless assistance continuum of care

  7  plans in each district, local spending plans, programs and

  8  resources available at the local level, and recommendations

  9  for programs and funding.

10         Section 11.  Section 420.624, Florida Statutes, is

11  created to read:

12         420.624  Local homeless assistance continuum of care.--

13         (1)  A local homeless assistance continuum of care is a

14  framework for a comprehensive and seamless array of emergency,

15  transitional, and permanent housing and services to address

16  the various needs of homeless persons and persons at risk for

17  homelessness. The nature and configuration of housing and

18  services may be unique to each community or region, depending

19  on local needs, assets, and preferences.

20         (2)  The purpose of a local homeless assistance

21  continuum of care is to help communities or regions envision,

22  plan, and implement comprehensive and long-term solutions to

23  the problem of homelessness in a community or region.

24         (3)  Communities or regions seeking to implement a

25  local homeless assistance continuum of care are encouraged to

26  develop and annually update a written plan that includes a

27  vision for the continuum of care, an assessment of the supply

28  of and demand for housing and services for the homeless

29  population, and specific strategies and processes for

30  providing the components of the continuum of care. The State

31

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  1  Office on Homelessness shall supply a standardized format for

  2  the written plans.

  3         (4)  Each local homeless assistance continuum of care

  4  plan must designate a lead agency that will serve as the point

  5  of contact and accountability to the State Office on

  6  Homelessness. The lead agency may be a local homeless

  7  coalition, municipal or county government, or other public

  8  agency or private not-for-profit corporation.

  9         (5)  Continuum of care catchment areas must be

10  designated and revised as necessary by the State Office on

11  Homelessness, with the input of local homeless coalitions and

12  public or private organizations that have previously certified

13  to the United States Department of Housing and Urban

14  Development and that currently serve as lead agencies for a

15  local homeless assistance continuum of care. Designated

16  catchment areas must not be overlapping. The designations must

17  be consistent with those made by the United States Department

18  of Housing and Urban Development in conjunction with the

19  awarding of funding under the federal Stewart B. McKinney

20  Homeless Assistance Act.

21         (6)  The State Office on Homelessness shall recognize

22  only one homeless assistance continuum of care plan and its

23  designated lead agency for each designated catchment area. The

24  recognition must be made with the input of local homeless

25  coalitions and public or private organizations that have

26  previously certified to the United States Department of

27  Housing and Urban Development that they currently serve as

28  lead agencies for a local homeless assistance continuum of

29  care. The designations must be consistent with those made by

30  the United States Department of Housing and Urban Development

31

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  1  in conjunction with the awarding of funding under the federal

  2  Stewart B. McKinney Homeless Assistance Act.

  3         (7)  The components of a continuum of care shall

  4  include:

  5         (a)  Outreach, intake, and assessment procedures in

  6  order to identify the service and housing needs of an

  7  individual or family and to link the individual or family with

  8  appropriate housing, services, resources, and opportunities;

  9         (b)  Emergency shelter, in order to provide a safe,

10  decent alternative to living in the streets;

11         (c)  Transitional housing;

12         (d)  Supportive services designed to assist in the

13  development of the skills necessary to secure and retain

14  permanent housing;

15         (e)  Permanent supportive housing;

16         (f)  Permanent housing;

17         (g)  Linkages and referral mechanisms among all

18  components to facilitate the movement of individuals and

19  families toward permanent housing and self-sufficiency;

20         (h)  Services and resources to prevent housed persons

21  from becoming homeless or returning to homelessness;

22         (i)  An ongoing planning mechanism to address the needs

23  of all subgroups of the homeless population, including, but

24  not limited to:

25         1.  Single adult males;

26         2.  Single adult females;

27         3.  Families with children;

28         4.  Families with no children;

29         5.  Unaccompanied children and youth;

30         6.  Elderly persons;

31         7.  Persons with drug or alcohol addictions;

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  1         8.  Persons with mental illness;

  2         9.  Persons with dual or multiple physical or mental

  3  disorders;

  4         10.  Victims of domestic violence; and

  5         11.  Persons living with HIV/AIDS.

  6         (8)  Continuum of care plans must promote participation

  7  by all interested individuals and organizations and may not

  8  exclude individuals and organizations on the basis of race,

  9  color, national origin, sex, handicap, familial status, or

10  religion. Faith-based organizations shall be encouraged to

11  participate. To the extent possible, these components should

12  be coordinated and integrated with other mainstream health,

13  social services, and employment programs for which homeless

14  populations may be eligible, including Medicaid, the state

15  children's health insurance program, the Temporary Assistance

16  for Needy Families Program, food stamps, and services funded

17  through the Substance Abuse and Mental Health Block Grant, the

18  Workforce Investment Act, and the welfare-to-work grant

19  program.

20         Section 12.  Section 420.626, Florida Statutes, is

21  created to read:

22         420.626  Homelessness; discharge guidelines for

23  facilities providing mental illness or substance abuse

24  services.--

25         (1)  It is the intent of the Legislature to encourage

26  mental health facilities or institutions under contract with

27  or operated, licensed, or regulated by the state and local

28  governments to ensure that persons leaving their care or

29  custody are not discharged into homelessness.

30         (2)  The following facilities and institutions are

31  encouraged to develop and implement procedures designed to

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  1  reduce the discharge of persons into homelessness when such

  2  persons are admitted or housed for more than 24 hours at such

  3  facilities or institutions: hospitals and inpatient medical

  4  facilities, crisis stabilization units, residential treatment

  5  facilities, assisted living facilities, and detoxification

  6  centers.

  7         (3)  The procedures should include:

  8         (a)  Development and implementation of a screening

  9  process or other mechanism for identifying persons to be

10  discharged from the facility or institution who are at

11  considerable risk for homelessness or face some imminent

12  threat to health and safety upon discharge;

13         (b)  Development and implementation of a discharge plan

14  addressing how identified persons may secure housing and other

15  needed care and support upon discharge;

16         (c)  Assessment of the capabilities of the entities to

17  whom identified persons may potentially be discharged, and

18  selection of the entity determined to be best equipped to

19  provide or facilitate the provision of suitable care and

20  support;

21         (d)  Coordination of effort and sharing of information

22  with entities that are expected to bear the responsibility for

23  providing care or support to identified persons upon

24  discharge; and

25         (e)  Provision of sufficient medication, medical

26  equipment and supplies, clothing, transportation, and other

27  basic resources necessary to ensure that the health and

28  well-being of identified persons are not jeopardized upon

29  their discharge.

30         (4)  This section is intended only to recommend model

31  guidelines and procedures that mental health facilities or

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  1  institutions under contract with or operated, licensed, or

  2  regulated by the state and local governments may consider when

  3  discharging persons into the community.  This section is not

  4  an entitlement, and no cause of action shall arise against the

  5  state, or a local government entity or other political

  6  subdivision of this state, for failure to follow any of the

  7  procedures or provide any of the services suggested under this

  8  section.

  9         Section 13.  Paragraph (a) of subsection (2) of section

10  420.9075, Florida Statutes, is amended to read:

11         420.9075  Local housing assistance plans;

12  partnerships.--

13         (2)(a)  Each county and each eligible municipality

14  participating in the State Housing Initiatives Partnership

15  Program shall encourage the involvement of appropriate public

16  sector and private sector entities as partners in order to

17  combine resources to reduce housing costs for the targeted

18  population. This partnership process should involve:

19         1.  Lending institutions.

20         2.  Housing builders and developers.

21         3.  Nonprofit and other community-based housing and

22  service organizations.

23         4.  Providers of professional services relating to

24  affordable housing.

25         5.  Advocates for low-income persons, including, but

26  not limited to, homeless persons, the elderly, and migrant

27  farmworkers.

28         6.  Real estate professionals.

29         7.  Other persons or entities who can assist in

30  providing housing or related support services.

31

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  1         Section 14.  Present subsections (5), (6), (7), (8),

  2  and (9) of section 445.009, Florida Statutes, are renumbered

  3  as subsections (6), (7), (8), (9), and (10), respectively, and

  4  a new subsection (5) is added to said section to read:

  5         445.009  One-stop delivery system.--

  6         (5)  To the extent possible, regional workforce boards

  7  shall include as partners in the local one-stop delivery

  8  system entities that provide programs or activities designed

  9  to meet the needs of homeless persons.

10         Section 15.  The Office of Program Policy Analysis and

11  Government Accountability shall conduct a review of, and

12  prepare a report concerning, the economic impact of

13  homelessness on local and state agencies. The report shall

14  recommend changes to state agency practices which

15  simultaneously save taxpayer dollars and improve the quality

16  of life for homeless persons in the state. The report shall

17  review practices of local governments, lead agencies, and

18  other local entities providing services to homeless persons

19  and recommend strategies to better coordinate service

20  delivery. The report shall also recommend strategies to access

21  federal funds for services to the homeless. The report shall

22  be submitted by January 1, 2005, to the Governor, the

23  President of the Senate, and the Speaker of the House of

24  Representatives.

25         Section 16.  The Legislature designates December 21,

26  the first day of winter and the longest night of the year, as

27  "Homeless Persons' Memorial Day," to bring attention to the

28  tragedy of homelessness. The State Office on Homelessness,

29  local homeless coalitions, and local governments are

30  encouraged to sponsor events to promote awareness of the

31  plight of the homeless and identify actions that individuals

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  1  and organizations may take to address the problem of

  2  homelessness.

  3         Section 17.  (1)  The sum of $3 million is appropriated

  4  to the State Office on Homelessness within the Department of

  5  Children and Family Services from the General Revenue Fund for

  6  fiscal year 2001-2002 to fund the challenge grants created in

  7  s. 420.622, Florida Statutes, and to fund administrative costs

  8  incurred by the State Office on Homelessness and the Council

  9  on Homelessness.

10         (2)  The sum of $625,000 is appropriated to the

11  grant-in-aid program specified in s. 420.625, Florida

12  Statutes, within the Department of Children and Family

13  Services from the General Revenue Fund for fiscal year

14  2001-2002 to fund one position in each of the 25 local

15  homeless coalitions in Florida. Each coalition may receive up

16  to $25,000.

17         (3)  The sum of $197,668 is appropriated to the

18  grant-in-aid program specified in s. 420.625, Florida

19  Statutes, within the Department of Children and Family

20  Services from the General Revenue Fund for fiscal year

21  2001-2002 to fund an increase in its annual appropriation.

22         (4)  The sum of $5 million is transferred from the

23  Local Government Housing Trust Fund of the Florida Housing

24  Finance Corporation to the State Office on Homelessness within

25  the Department of Children and Family Services to fund

26  homeless housing assistance grants.

27         Section 18.  This act shall take effect July 1, 2001.

28

29

30

31

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