Senate Bill sb0446er

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  1                                 

  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, 232.032,

  5         F.S.; revising the deadline for submission of

  6         documents for school registration; amending s.

  7         420.5087, F.S.; relating to the State Apartment

  8         Incentive Loan Program; revising the

  9         requirements for qualifying to participate in

10         the program; adding the homeless to the list of

11         eligible tenant groups; amending s. 420.5092,

12         F.S.; increasing the amount of revenue bonds

13         the Florida Housing Finance Corporation may

14         issue for the corporation's guarantee fund;

15         amending s. 420.511, F.S.; revising reporting

16         requirements of the Florida Housing Finance

17         Corporation; amending s. 420.609, F.S.;

18         relating to the Affordable Housing Study

19         Commission; revising the membership of the

20         commission; requiring the commission to analyze

21         how to address the acute need for housing for

22         the homeless; amending s. 420.621, F.S.;

23         redefining the term "homeless"; creating s.

24         420.622, F.S.; creating the State Office on

25         Homelessness within the Department of Children

26         and Family Services; authorizing the Governor

27         to appoint an executive director for the State

28         Office on Homelessness; creating the Council on

29         Homelessness; providing for council membership;

30         providing for council members to be reimbursed

31         for travel expenses; providing for grants for


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  1         homeless assistance continuums of care;

  2         providing grants for homeless housing

  3         assistance; prescribing duties and

  4         responsibilities of the State Office of

  5         Homelessness; requiring the Department of

  6         Children and Family Services to adopt rules

  7         with input from the Council on Homelessness;

  8         requiring an annual report; amending s.

  9         420.623, F.S.; revising the list of

10         organizations that may participate in local

11         homeless coalitions; revising the functions of

12         local homeless coalitions; creating s. 420.624,

13         F.S.; establishing guidelines for local

14         homeless continuum of care; creating s.

15         420.626, F.S.; establishing guidelines for

16         discharging persons at risk for homelessness

17         from facilities serving persons with mental

18         illness or substance abuse; amending s.

19         420.9075, F.S.; expanding the list of partners

20         that counties and cities are encouraged to

21         involve in developing housing assistance plans;

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

23         workforce boards' one-stop delivery system;

24         requiring the Office of Program, Policy

25         Analysis, and Government Accountability to

26         report on homelessness; dedicating December 21

27         as the Homeless Persons' Memorial Day;

28         providing an appropriation for Challenge

29         Grants; providing an appropriation for

30         positions in local homeless coalitions;

31         providing appropriations for the Department of


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  1         Children and Family Services; providing an

  2         effective date.

  3  

  4         WHEREAS, the Florida Homeless Study Commission has

  5  revealed that homelessness has been steadily increasing for

  6  several years and constitutes, especially for the mentally

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

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

  9  democracy, and

10         WHEREAS, homelessness creates a sizable drain on social

11  and economic resources and is a frustration to legitimate

12  commerce and an obstacle to community development, and

13         WHEREAS, prevention of future homelessness will pay

14  great dividends to all Floridians that will justify the effort

15  and costs of instituting a statewide plan to relieve

16  homelessness, and

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

18  institutions, are now faced with the urgent necessity of

19  creating new avenues of cooperation, coordination, and mutual

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

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

22  of services, for the treatment and prevention of homelessness

23  and of mental illness among the homeless, and

24         WHEREAS, the Department of Children and Family Services

25  has concluded that Florida homeless persons number at least

26  57,400 at any given time, and fall into one or more of the

27  following categories: women and their children; the mentally

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

29         WHEREAS, the commission found the causes of

30  homelessness to be numerous and complex and therefore the cure

31  


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  1  cannot be simplistic and cannot exclusively address any single

  2  issue or causative factor, and

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

  4  governments throughout the State of Florida have not focused

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

  6  of homelessness, and

  7         WHEREAS, it is absolutely necessary that any

  8  meaningful, comprehensive plan for the eradication or

  9  significant reduction of homelessness be a partnership between

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

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

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

13  

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

15  

16         Section 1.  Subsection (35) of section 228.041, Florida

17  Statutes, is amended to read:

18         228.041  Definitions.--Specific definitions shall be as

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

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

21         (35)  HOMELESS CHILD.--A homeless child is:

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

23  residence;

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

25         1.  A supervised publicly or privately operated shelter

26  designed to provide temporary living accommodations, including

27  welfare hotels, congregate shelters, and transitional housing

28  for the mentally ill;

29         2.  An institution that provides a temporary residence

30  for individuals intended to be institutionalized; or

31  


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

  2  ordinarily used as, a regular sleeping accommodation for human

  3  beings; or

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

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

  6  guardian is suffering financial hardship.

  7  

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

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

10  child. whose primary nighttime residence is in a supervised

11  publicly or privately operated shelter for temporary

12  accommodations or in a public or private place not designated

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

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

15  Statutes, is amended to read:

16         232.03  Evidence of date of birth required.--Before

17  admitting a child to prekindergarten or kindergarten, the

18  principal shall require evidence that the child has attained

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

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

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

22  believes to be within the limits of compulsory attendance as

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

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

25  below shall be accepted:

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

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

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

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

30  available in the county, by a licensed practicing physician

31  designated by the school board, which certificate shall state


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  1  that the health officer or physician has examined the child

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

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

  4  228.041, shall be given temporary exemption from this section

  5  for 30 school days.

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

  7  Statutes, is amended to read:

  8         232.0315  School-entry health examinations.--

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

10  governing authority of each nonpublic school shall require

11  that each child who is entitled to admittance to

12  prekindergarten or kindergarten, or is entitled to any other

13  initial entrance into a public or nonpublic school in this

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

15  examination performed within 1 year prior to enrollment in

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

17  authority of each nonpublic school, may establish a policy

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

19  certification of a school-entry health examination. A homeless

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

21  exemption for 30 school days. Any school board which

22  establishes such a policy shall include provisions in its

23  local school health services plan to assist students in

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

25  exempt from the requirement of a health examination upon

26  written request of the parent or guardian of such child

27  stating objections to such examination on religious grounds.

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

29  232.032, Florida Statutes, is amended to read:

30         232.032  Immunization against communicable diseases;

31  school attendance requirements; exemptions.--


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

  2         (e)  An authorized school official issues a temporary

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

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

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

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

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

  8  authorized nonpublic school official is responsible for

  9  followup of each such child until proper documentation or

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

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

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

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

14  authorized juvenile justice official is responsible for

15  followup of each child who enters a juvenile justice program

16  until proper documentation or immunizations are obtained.

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

18  Statutes, is amended to read:

19         420.5087  State Apartment Incentive Loan

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

21  Incentive Loan Program for the purpose of providing first,

22  second, or other subordinated mortgage loans or loan

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

24  public entities, to provide housing affordable to

25  very-low-income persons.

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

27  guarantee availability, program funds shall be reserved for

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

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

30  designated in this subsection. The reservation of funds to

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


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  1  statewide very-low-income rental housing market study

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

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

  4  funds within each notice of fund availability to the three

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

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

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

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

  9  group that has the largest reservation. The reservation of

10  funds within each notice of fund availability to the tenant

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

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

13         (a)  Commercial fishing workers and farmworkers;

14         (b)  Families; and

15         (c)  Persons who are homeless; and

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

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

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

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

20  420.503, for the purpose of making building preservation,

21  health, or sanitation repairs or improvements which are

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

23  lifesafety or security-related repairs or improvements to such

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

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

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

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

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

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

30  repair or improvement.  The corporation shall establish the

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


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

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

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

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

  5  and competitively ranking all applications for loans under

  6  this paragraph subparagraph.  A loan application must include

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

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

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

10  received pursuant to this subparagraph to pay for

11  administrative costs, routine maintenance, or new

12  construction.

13         Section 6.  Subsections (2) and (11) of section

14  420.5092, Florida Statutes, are amended to read:

15         420.5092  Florida Affordable Housing Guarantee

16  Program.--

17         (2)  As used in this section, the term:

18         (a)  "Affordable housing guarantee" means an obligation

19  of the guarantee fund to guarantee the payment of an

20  obligation made to finance or refinance the purchase,

21  construction, or rehabilitation of eligible housing.

22         (b)  "Annual debt service reserve" means the reserve

23  maintained in the guarantee fund in an amount equal to the

24  maximum reserve amount for each series of revenue bonds issued

25  to establish the guarantee fund.

26         (c)  "Corporation" means the Florida Housing Finance

27  Corporation.

28         (d)  "Eligible housing" means any real and personal

29  property designed and intended for the primary purpose of

30  providing decent, safe, and sanitary residential units for

31  homeownership or rental for eligible persons, including


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  1  housing for the homeless, as determined by the corporation

  2  pursuant to rule.

  3         (e)  "Guarantee fund" means the Affordable Housing

  4  Guarantee Fund created and established with proceeds of

  5  revenue bonds issued by the corporation or its predecessor

  6  pursuant to this section to implement the Florida Affordable

  7  Housing Guarantee Program.

  8         (f)  "Maximum reserve amount" means, for each series of

  9  outstanding revenue bonds issued to establish the guarantee

10  fund, the largest aggregate amount of annual principal

11  installments and interest payments becoming due in any state

12  fiscal year in which the revenue bonds are outstanding.

13         (11)  The maximum total amount of revenue bonds that

14  may be issued by the corporation pursuant to subsection (5) is

15  $400 $200 million.

16         Section 7.  Paragraph (e) of subsection (3) of section

17  420.511, Florida Statutes, is amended to read:

18         420.511  Business plan; strategic plan; annual

19  report.--

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

21  the presiding officers of each house of the Legislature,

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

23  and detailed report setting forth:

24         (e)  Information relating to the corporation's

25  activities in implementing the provisions of ss. 420.5087 and

26  420.5088.  The report required by this subsection shall

27  include, but not be limited to:

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

29  age, family size, and racial characteristics.

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

31  


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  1         3.  The average cost of producing units under each

  2  program.

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

  4  financed under s. 420.5088.

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

  6  size on units financed under s. 420.5087.

  7         6.  The number of persons in rural communities served

  8  under each program.

  9         7.  The number of farmworkers served under each

10  program.

11         8.  The number of homeless persons served under each

12  program.

13         9.8.  The number of elderly persons served under each

14  program.

15         10.9.  The extent to which geographic distribution has

16  been achieved in accordance with the provisions of s.

17  420.5087.

18         11.10.  Any other information the corporation deems

19  appropriate.

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

21  Florida Statutes, are amended to read:

22         420.609  Affordable Housing Study Commission.--Because

23  the Legislature firmly supports affordable housing in Florida

24  for all economic classes:

25         (1)  There is hereby created the Affordable Housing

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

27  appointed by the Governor:

28         (a)  One citizen actively engaged in the residential

29  home building industry.

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

31  lending profession.


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

  2  sales profession.

  3         (d)  One citizen actively engaged in apartment

  4  development.

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

  6  operation of a rental housing development.

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

  8  low-income persons.

  9         (g)  One citizen representing a community-based

10  organization with experience in housing development.

11         (h)  One citizen representing a community-based

12  organization with experience in housing development in a

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

14         (i)  Two citizens who represent elderly persons'

15  housing interests.

16         (j)  One representative of regional planning councils.

17         (k)  One representative of the Florida League of

18  Cities.

19         (l)  One representative of the Florida Association of

20  Counties.

21         (m)  Two citizens representing statewide growth

22  management organizations.

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

24  commission.

25         (o)  One citizen representing a residential community

26  developer.

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

28  residents of the state.

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

30         (r)  One citizen representing the housing interests of

31  homeless persons.


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  1         (4)  The commission shall analyze those solutions and

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

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

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

  5  including programs or proposals which provide for:

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

  7  for the development or rehabilitation of housing;

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

  9  affordable housing sites;

10         (c)  Coordination with federal initiatives, including

11  development of an approved housing strategy;

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

13  local regulations, and housing and building codes governing

14  the housing industry;

15         (e)  Stimulation of public and private cooperative

16  housing efforts;

17         (f)  Implementation or expansion of the programs

18  authorized in this chapter;

19         (g)  Discovery and assessment of sources of funding

20  sources for low-cost housing construction and rehabilitation;

21  and

22         (h)  Development of such other solutions and programs

23  as the commission deems appropriate.

24  

25  In performing its analysis, the commission shall consider both

26  homeownership and rental housing as viable options for the

27  provision of housing. The commission shall also give

28  consideration to various types of residential construction,

29  including but not limited to, manufactured housing.

30         Section 9.  Subsection (4) of section 420.621, Florida

31  Statutes, is amended to read:


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  1         420.621  Definitions; ss. 420.621-420.627.--As used in

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

  3  following meanings, unless the context otherwise requires:

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

  5  fixed, regular, and adequate nighttime residence or an

  6  individual who has a primary nighttime residence that is:

  7         (a)  A supervised publicly or privately operated

  8  shelter designed to provide temporary living accommodations,

  9  including welfare hotels, congregate shelters, and

10  transitional housing for the mentally ill;

11         (b)  An institution that provides a temporary residence

12  for individuals intended to be institutionalized; or

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

14  ordinarily used as, a regular sleeping accommodation for human

15  beings.

16  

17  The term does not refer to any individual imprisoned or

18  otherwise detained pursuant to state or federal law. means

19  having a nighttime residence:

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

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

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

23  in a hotel, apartment, or boarding home.

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

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

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

27  private space that is not designed for shelter.

28         Section 10.  Section 420.622, Florida Statutes, is

29  created to read:

30         420.622  State Office on Homelessness; Council on

31  Homelessness.--


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

  2  the Department of Children and Family Services to provide

  3  interagency, council, and other related coordination on issues

  4  relating to homelessness. An executive director of the office

  5  shall be appointed by the Governor.

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

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

  8  representatives who shall develop policy and advise the State

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

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

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

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

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

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

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

16  her designee; one representative of the Florida Association of

17  Counties; one representative of the Florida Coalition for

18  Supportive Housing; the Executive Director of the Florida

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

20  representative of the Florida Coalition for the Homeless; one

21  representative of the Florida State Rural Development Council;

22  and four members appointed by the Governor. The council

23  members shall be volunteer, nonpaid persons and shall be

24  reimbursed for travel expenses only. The appointed members of

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

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

27  importance of minority, gender, and geographic representation

28  must be considered when appointing members to the council.

29         (3)  The State Office on Homelessness, pursuant to the

30  policies set by the council and subject to the availability of

31  funding, shall:


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

  2  agencies and providers to produce a statewide consolidated

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

  4  homeless programs which incorporates regionally developed

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

  6         1.  Programs authorized under the Stewart B. McKinney

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

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

  9         2.  Programs, components thereof, or activities that

10  assist persons who are homeless or at-risk for homelessness.

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

12  concerning persons who are homeless or at-risk for

13  homelessness, including demographics information, current

14  services and resources available, the cost and availability of

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

16  population. All entities that receive state funding must

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

18  no individual identifying information, to assist the council

19  in providing this information. The council shall explore the

20  potential of creating a statewide Management Information

21  System (MIS), encouraging the future participation of any

22  bodies that are receiving awards or grants from the state, if

23  such a system were adopted, enacted, and accepted by the

24  state.

25         (c)  Annually evaluate state and local services and

26  resources and develop a consolidated plan for addressing the

27  needs of the homeless or those at-risk for homelessness.

28         (d)  Explore, compile, and disseminate information

29  regarding public and private funding sources for state and

30  local programs serving the homeless and provide technical

31  assistance in applying for such funding.


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  1         (e)  Monitor and provide recommendations for

  2  coordinating the activities and programs of local coalitions

  3  for the homeless and promote the effectiveness of programs

  4  addressing the needs of the homeless.

  5         (f)  Provide technical assistance to facilitate efforts

  6  to establish, maintain, and expand local homeless assistance

  7  continuums of care.

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

  9  and procedures relating to the discharge or transfer from the

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

11  persons who are homeless or at-risk for homelessness.

12         (h)  Spearhead outreach efforts for maximizing access

13  by people who are homeless or at-risk for homelessness to

14  state and federal programs and resources.

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

16  needs of the homeless population in this state.

17         (j)  Develop outcome and accountability measures and

18  promote and use such measures to evaluate program

19  effectiveness and make recommendations for improving current

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

21         (k)  Formulate policies and legislative proposals to

22  address more effectively the needs of the homeless and

23  coordinate the implementation of state and federal legislative

24  policies.

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

26  agencies, local coalitions and programs, and other

27  stakeholders for the purpose of developing and reviewing

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

29  efforts to meet the needs of the homeless.

30  

31  


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  1         (m)  Conduct or promote research on the effectiveness

  2  of current programs and propose pilot projects aimed at

  3  improving services.

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

  5  homelessness.

  6         (o)  Investigate ways to improve access to

  7  participation in state funding and other programs for

  8  prevention and alleviation of homelessness to faith-based

  9  organizations and collaborate and coordinate with faith-based

10  organizations.

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

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

13  concurrence of the Council on Homelessness, may accept and

14  administer moneys appropriated to it to provide "Challenge

15  Grants" annually to lead agencies for homeless assistance

16  continuums of care designated by the State Office on

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

18  municipal or county government, or other public agency or

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

20  $500,000 per lead agency.

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

22  develop and implement a local homeless assistance continuum of

23  care plan for its designated catchment area.

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

25  that have demonstrated the ability of their continuum of care

26  to provide quality services to homeless persons and the

27  ability to leverage federal homeless-assistance funding under

28  the Stewart B. McKinney Act and private funding for the

29  provision of services to homeless persons.

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

31  catchment areas with the greatest need for the provision of


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  1  housing and services to the homeless, relative to the

  2  population of the catchment area.

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

  4  concurrence of the Council on Homelessness, may administer

  5  moneys appropriated to it to provide homeless housing

  6  assistance grants annually to lead agencies for local homeless

  7  assistance continuum of care, as recognized by the State

  8  Office on Homelessness, to construct or rehabilitate

  9  transitional or permanent housing units for homeless persons.

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

11  appropriate, as well as money received from donations, gifts,

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

13  which money is intended to construct or rehabilitate

14  transitional or permanent housing units for homeless persons.

15         (a)  Grant applicants shall be ranked competitively.

16  Preference must be given to applicants who leverage additional

17  private funds and public funds, particularly federal funds

18  designated for the construction and rehabilitation of

19  transitional or permanent housing for homeless persons, who

20  build or rehabilitate the greatest number of units, and who

21  build or rehabilitate in catchment areas having the greatest

22  need for housing for the homeless relative to the population

23  of the catchment area.

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

25  $750,000.

26         (c)  Projects must reserve, for a minimum of 10 years,

27  the number of units constructed or rehabilitated through

28  homeless housing assistance grant funding to serve persons who

29  are homeless at the time they assume tenancy.

30  

31  


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

  2  any given local homeless assistance continuum of care

  3  catchment area.

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

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

  6  recognized by the State Office on Homelessness, for the

  7  catchment area in which the project is located.

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

  9  Office on Homelessness and each applicant may spend on

10  administrative costs is 5 percent.

11         (6)  The State Office on Homelessness shall establish

12  performance measures to evaluate the effective performance of

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

14  which grants are made under this section shall provide the

15  State Office on Homelessness a thorough evaluation of the

16  effectiveness of the program in achieving its stated purpose.

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

18  Office on Homelessness shall base its criteria upon the

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

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

21  criteria may include, but not be limited to, number of

22  homeless individuals provided shelter, food, counseling, and

23  job training.

24         (7)  The State Office on Homelessness must monitor the

25  challenge grants and homeless housing assistance grants to

26  ensure proper expenditure of funds and compliance with the

27  conditions of the applicant's contract.

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

29  with input from the Council on Homelessness, must adopt rules

30  relating to the challenge grants and the homeless housing

31  


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  1  assistance grants and related issues consistent with the

  2  purposes of this section.

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

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

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

  6  Children and Family Services an evaluation of the executive

  7  director's performance in fulfilling the statutory duties of

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

  9  to the office and the corresponding actions taken by the

10  office, and any recommendations to the Legislature for

11  proposals to reduce homelessness in this state.

12         Section 11.  Section 420.623, Florida Statutes, is

13  amended to read:

14         420.623  Local coalitions for the homeless.--

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

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

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

18  services to the homeless in that district. Appropriate local

19  groups and organizations involved in providing services for

20  the homeless and interested business groups and associations

21  shall be given an opportunity to participate in such

22  coalitions, including, but not limited to:

23         (a)  Organizations and agencies providing mental health

24  and substance abuse treatment Community mental health centers.

25         (b)  County health departments and community health

26  centers.

27         (c)  Organizations and agencies providing food,

28  shelter, or other services targeted to the homeless.

29         (d)  Local law enforcement agencies.

30         (e)  Regional workforce boards Local offices of the

31  Department of Labor and Employment Security.


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  1         (f)  County and municipal governments.

  2         (g)  Local public housing authorities.

  3         (h)  Local school districts.

  4         (i)  Local organizations and agencies serving specific

  5  subgroups of the homeless population, including, but not

  6  limited to, those serving veterans, victims of domestic

  7  violence, person with HIV/AIDS, and runaway youth.

  8         (j)  Local community-based care alliances.

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

10  the local coalitions are shall be to:

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

12  local homeless continuum of care plan, as described in s.

13  420.624, for the catchment area containing the county or

14  region served by the local homeless coalition. Unless

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

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

17  coalition shall serve as the lead agency for the local

18  homeless assistance continuum of care.

19         (b)  Discuss local issues related to homelessness and

20  the needs of the homeless.

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

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

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

24  counseling, training, and employment.

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

26  support of the homeless and identify unmet needs of the

27  homeless.

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

29  services for the homeless to eliminate duplication of services

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

31  homeless.


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

  2  critical service gaps, if necessary, through reallocation of

  3  existing resources for the homeless.

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

  5  services available to the homeless for use by agencies,

  6  volunteers, information and referral systems, and homeless

  7  persons.

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

  9  initiatives to make homeless persons aware of the services

10  available to them through community agencies and

11  organizations.

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

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

14  owned buildings, vacant beds in assisted living facilities,

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

16  shelter care for homeless persons.

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

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

19  available through such initiatives, and to identify additional

20  unmet needs of homeless persons.

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

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

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

24  directed by the department.

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

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

27  shall include:

28         1.  The description, documentation, and priority

29  ranking of local needs related to the problems of

30  homelessness.

31  


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

  2  identified needs.

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

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

  5  shall include a competitive ranking of applications from local

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

  7  420.625.

  8         (n)  Develop a strategy for increasing support and

  9  participation from local businesses in the coalition's

10  programs and activities.

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

12  develop guidelines for coalition activities, coalition

13  reports, and development of local plans of action.

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

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

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

17  annual report consisting of a compilation of data collected by

18  local coalitions, progress made in the development and

19  implementation of local homeless assistance continuums of care

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

21  resources available at the local level, and recommendations

22  for programs and funding.

23         Section 12.  Section 420.624, Florida Statutes, is

24  created to read:

25         420.624  Local homeless assistance continuum of care.--

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

27  framework for a comprehensive and seamless array of emergency,

28  transitional, and permanent housing, and services to address

29  the various needs of homeless persons and persons at-risk for

30  homelessness. The nature and configuration of housing and

31  


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

  2  on local needs, assets, and preferences.

  3         (2)  The purpose of a local homeless assistance

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

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

  6  the problem of homelessness in a community or region. 

  7         (3)  Communities or regions seeking to implement a

  8  local homeless assistance continuum of care are encouraged to

  9  develop and annually update a written plan that includes a

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

11  of and demand for housing and services for the homeless

12  population, and specific strategies and processes for

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

14  Office on Homelessness shall supply a standardized format for

15  written plans.

16         (4)  Each local homeless assistance continuum of care

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

18  of contact and accountability to the State Office on

19  Homelessness. The lead agency may be a local homeless

20  coalition, municipal or county government, or other public

21  agency or private, not-for-profit corporation.

22         (5)  Continuum of care catchment areas must be

23  designated and revised as necessary by the State Office on

24  Homelessness, with the input of local homeless coalitions and

25  public or private organizations that have previously certified

26  to the U.S. Department of Housing and Urban Development and

27  that currently serve as lead agencies for a local homeless

28  assistance continuum of care. Designated catchment areas must

29  not be overlapping. The designations must be consistent with

30  those made by the U.S. Department of Housing and Urban

31  


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  1  Development in conjunction with the awarding of federal

  2  Stewart B. McKinney Act homeless assistance funding.

  3         (6)  The State Office on Homelessness shall recognize

  4  only one homeless assistance continuum of care plan and its

  5  designated lead agency for each designated catchment area. The

  6  recognition must be made with the input of local homeless

  7  coalitions and public or private organizations that have

  8  previously certified to the U.S. Department of Housing and

  9  Urban Development that they currently serve as lead agencies

10  for a local homeless assistance continuum of care. The

11  designations must be consistent with those made by the U.S.

12  Department of Housing and Development in conjunction with the

13  awarding of federal Stewart B. McKinney homeless assistance

14  funding.

15         (7)  The components of a continuum of care should

16  include:

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

18  order to identify the service and housing needs of an

19  individual or family and to link them with appropriate

20  housing, services, resources and opportunities;

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

22  decent alternative to living in the streets;

23         (c)  Transitional housing;

24         (d)  Supportive services, designed to assist with the

25  development of the skills necessary to secure and retain

26  permanent housing;

27         (e)  Permanent supportive housing;

28         (f)  Permanent housing;

29         (g)  Linkages and referral mechanisms among all

30  components to facilitate the movement of individuals and

31  families toward permanent housing and self-sufficiency;


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  1         (h)  Services and resources to prevent housed persons

  2  from becoming or returning to homelessness;

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

  4  of all subgroups of the homeless population, including but not

  5  limited to:

  6         1.  Single adult males;

  7         2.  Single adult females;

  8         3.  Families with children;

  9         4.  Families with no children;

10         5.  Unaccompanied children and youth;

11         6.  Elderly persons;

12         7.  Persons with drug or alcohol addictions;

13         8.  Person with mental illness;

14         9.  Persons with dual or multiple physical or mental

15  disorders;

16         10.  Victims of domestic violence; and

17         11.  Persons living with HIV/AIDS.

18         (7)  Continuum of care plans must promote participation

19  by all interested individuals and organizations and may not

20  exclude individuals and organizations on the basis of race,

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

22  religion. Faith-based organizations must be encouraged to

23  participate. To the extent possible, these components should

24  be coordinated and integrated with other mainstream health,

25  social services, and employment programs for which homeless

26  populations may be eligible, including Medicaid, State

27  Children's Health Insurance Program, Temporary Assistance for

28  Needy Families, Food Stamps, and services funded through the

29  Mental Health and Substance Abuse Block Grant, the Workforce

30  Investment Act, and the welfare-to-work grant program.

31  


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  1         Section 13.  Section 420.626, Florida Statutes, is

  2  created to read:

  3         420.626  Homelessness; discharge guidelines.--

  4         (1)  It is the intent of the Legislature, to encourage

  5  mental health facilities or institutions under contract with,

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

  7  governments to ensure that persons leaving their care or

  8  custody are not discharged into homelessness.

  9         (2)  The following facilities and institutions are

10  encouraged to develop and implement procedures designed to

11  reduce the discharge of persons into homelessness when such

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

13  facilities or institutions: hospitals and inpatient medical

14  facilities; crisis stabilization units; residential treatment

15  facilities; assisted living facilities; and detoxification

16  centers.

17         (3)  The procedures should include:

18         (a)  Development and implementation of a screening

19  process or other mechanism for identifying persons to be

20  discharged from the facility or institution who are at

21  considerable risk for homelessness or face some imminent

22  threat to health and safety upon discharge;

23         (b)  Development and implementation of a discharge plan

24  addressing how identified persons will secure housing and

25  other needed care and support upon discharge;

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

27  whom identified persons may potentially be discharged, and

28  selection of the entity determined to be best equipped to

29  provide or facilitate the provision of suitable care and

30  support;

31  


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  1         (d)  Coordination of effort and sharing of information

  2  with entities that are expected to bear the responsibility for

  3  providing care or support to identified persons upon

  4  discharge; and

  5         (e)  Provision of sufficient medication, medical

  6  equipment and supplies, clothing, transportation, and other

  7  basic resources necessary to assure that the health and

  8  well-being of identified persons are not jeopardized upon

  9  their discharge.

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

11  guidelines and procedures that mental health facilities or

12  institutions under contract with or operated, licensed, or

13  regulated by the state or local governments may consider when

14  discharging persons into the community. This section is not an

15  entitlement, and no cause of action shall arise against the

16  state, the local government entity, or any other political

17  subdivision of this state for failure to follow any of the

18  procedures or provide any of the services suggested under this

19  section.

20         Section 14.  Paragraph (a) of subsection (2) of section

21  420.9075, Florida Statutes, is amended to read:

22         420.9075  Local housing assistance plans;

23  partnerships.--

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

25  participating in the State Housing Initiatives Partnership

26  Program shall encourage the involvement of appropriate public

27  sector and private sector entities as partners in order to

28  combine resources to reduce housing costs for the targeted

29  population. This partnership process should involve:

30         1.  Lending institutions.

31         2.  Housing builders and developers.


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  1         3.  Nonprofit and other community-based housing and

  2  service organizations.

  3         4.  Providers of professional services relating to

  4  affordable housing.

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

  6  not limited to, homeless people, the elderly, and migrant

  7  farmworkers.

  8         6.  Real estate professionals.

  9         7.  Other persons or entities who can assist in

10  providing housing or related support services.

11         Section 15.  Present subsections (5), (6), (7), (8),

12  and (9) of section 445.009, Florida Statutes, are redesignated

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

14  new subsection (5) is added to that section to read:

15         445.009  One-stop delivery system.--

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

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

18  system entities that provide programs or activities designed

19  to meet the needs of homeless persons.

20         Section 16.  The Office of Program, Policy Analysis,

21  and Government Accountability shall conduct a review of, and

22  prepare a report concerning, the economic impact of

23  homelessness on local and state agencies in the state. The

24  report must recommend changes to state agency practices which

25  simultaneously save taxpayer dollars and improve the quality

26  of life for homeless persons in the state. The report must

27  review practices of local governments, lead agencies, and

28  other local entities, providing services to homeless persons,

29  and recommend strategies to better coordinate service

30  delivery. The report must also recommend strategies to access

31  federal funds for services to the homeless. The report must be


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  1  submitted by January 1, 2005, to the Governor, the President

  2  of the Senate, and the Speaker of the House of

  3  Representatives.

  4         Section 17.  The Legislature designates December 21,

  5  the first day of winter and the longest night of the year as a

  6  Homeless Persons' Memorial Day to bring attention to the

  7  tragedy of homelessness. The State Office on Homelessness,

  8  local homeless coalitions, and local governments are

  9  encouraged to sponsor events to promote awareness of the

10  plight of the homeless and identify actions that individuals

11  and organizations can take to address the problem of

12  homelessness.

13         Section 18.  (1)  The sum of $4 million is appropriated

14  to the State Office on Homelessness, Department of Children

15  and Family Services, from the General Revenue Fund for fiscal

16  year 2001-2002 to fund "Challenge Grants" created in section

17  420.622, Florida Statutes, and to fund administrative costs

18  incurred by the State Office on Homelessness and the Council

19  on Homelessness. Funding for this subsection shall be

20  implemented in accordance with the General Appropriations Act

21  for the 2001-2002 fiscal year.

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

23  grant-in-aid program specified in section 420.625, Florida

24  Statutes, within the Department of Children and Family

25  Services from the General Revenue Fund for fiscal year

26  2001-2002 to fund one position in each of the 25 homeless

27  coalitions in Florida. Each coalition may receive up to

28  $25,000. Funding for this subsection shall be implemented in

29  accordance with the General Appropriations Act for the

30  2001-2002 fiscal year.

31  


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

  2  grant-in-aid program specified in section 420.625, Florida

  3  Statutes, within the Department of Children and Family

  4  Services from the General Revenue Fund for fiscal year

  5  2001-2002 to fund an increase in its annual appropriation.

  6  Funding for this subsection shall be implemented in accordance

  7  with the General Appropriations Act for the 2001-2002 fiscal

  8  year.

  9         (4)  The sum of $5 million is transferred annually from

10  the Local Housing Assistance Trust Fund of the Florida Housing

11  Finance Corporation to the State Office on Homelessness within

12  the Department of Children and Family Services to fund

13  Homeless Housing Assistance grants.

14         Section 19.  This act shall take effect July 1, 2001.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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