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
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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.--
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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,
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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.
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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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