Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2824
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CHAMBER ACTION
Senate House
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11 The Committee on Children, Families, and Elder Affairs (Rich)
12 recommended the following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Paragraph (a) of subsection (22) of section
19 420.507, Florida Statutes, is amended to read:
20 420.507 Powers of the corporation.--The corporation
21 shall have all the powers necessary or convenient to carry out
22 and effectuate the purposes and provisions of this part,
23 including the following powers which are in addition to all
24 other powers granted by other provisions of this part:
25 (22) To develop and administer the State Apartment
26 Incentive Loan Program. In developing and administering that
27 program, the corporation may:
28 (a) Make first, second, and other subordinated
29 mortgage loans including variable or fixed rate loans subject
30 to contingent interest for all State Apartment Incentive Loans
31 provided for in this chapter based upon available cash flow of
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1 the projects. The corporation shall make loans exceeding 25
2 percent of project cost available only to nonprofit
3 organizations and public bodies which are able to secure
4 grants, donations of land, or contributions from other sources
5 and to projects meeting the criteria of subparagraph 1.
6 Mortgage loans shall be made available at the following rates
7 of interest:
8 1. Zero to 3 percent interest for sponsors of projects
9 that set aside at least 80 percent of their total units for
10 residents qualifying as farmworkers as defined in this part,
11 or commercial fishing workers as defined in this part, or the
12 homeless as defined in s. 420.621(6)(4) over the life of the
13 loan.
14 2. Zero to 3 percent interest based on the pro rata
15 share of units set aside for homeless residents if the total
16 of such units is less than 80 percent of the units in the
17 borrower's project.
18 3. One to 9 percent interest for sponsors of projects
19 targeted at populations other than farmworkers, commercial
20 fishing workers, and the homeless.
21 Section 2. Section 420.621, Florida Statutes, is
22 amended to read:
23 420.621 Definitions; ss. 420.621-420.628
24 420.621-420.627.--As used in ss. 420.621-420.628
25 420.621-420.627, the term following terms shall have the
26 following meanings, unless the context otherwise requires:
27 (1) "Children and youths experiencing homelessness,"
28 for programs authorized under the McKinney-Vento Education
29 Assistance for Homeless Children and Youths, 42 U.S.C. ss.
30 11431 et seq., means children and youths who lack a fixed,
31 regular, and adequate nighttime residence, and includes:
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1 (a) Children and youths who are sharing the housing of
2 other persons due to loss of housing, economic hardship, or a
3 similar reason; are living in motels, hotels, travel trailer
4 parks, or camping grounds due to the lack of alternative
5 adequate accommodations; are living in emergency or
6 transitional shelters; are abandoned in hospitals; or are
7 awaiting foster care placement.
8 (b) Children and youths who have a primary nighttime
9 residence that is a public or private place not designed for
10 or ordinarily used as a regular sleeping accommodation for
11 human beings.
12 (c) Children and youths who are living in cars, parks,
13 public spaces, abandoned buildings, bus or train stations, or
14 similar settings.
15 (d) Migratory children who are living in circumstances
16 described in paragraphs (a)-(c).
17 (2) "Continuum of care" means a community plan to
18 organize and deliver housing and services to meet the specific
19 needs of people who are homeless as they move to stable
20 housing and maximum self-sufficiency. It includes action steps
21 to end homelessness and prevent a return to homelessness.
22 (3) "Council on Homelessness" means the council
23 created in s. 420.622.
24 (1) "AFDC" means Aid to Families with Dependent
25 Children as administered under chapter 409.
26 (4)(2) "Department" means the Department of Children
27 and Family Services.
28 (5)(3) "District" means a service district of the
29 department of Children and Family Services, as set forth in s.
30 20.19.
31 (6)(4) "Homeless," applied to an individual, or
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1 "individual experiencing homelessness" means "Homeless" refers
2 to an individual who lacks a fixed, regular, and adequate
3 nighttime residence and includes or an individual who has a
4 primary nighttime residence that is:
5 (a) Is sharing the housing of other persons due to
6 loss of housing, economic hardship, or a similar reason;
7 (b) Is living in a motel, hotel, travel trailer park,
8 or camping ground due to a lack of alternative adequate
9 accommodations;
10 (c) Is living in an emergency or transitional shelter;
11 A supervised publicly or privately operated shelter designed
12 to provide temporary living accommodations, including welfare
13 hotels, congregate shelters, and transitional housing for the
14 mentally ill;
15 (b) An institution that provides a temporary residence
16 for individuals intended to be institutionalized; or
17 (d)(c) Has a primary nighttime residence that is a
18 public or private place not designed for, or ordinarily used
19 as, a regular sleeping accommodation for human beings;
20 (e) Is living in a car, park, public space, abandoned
21 building, bus or train station, or similar setting; or
22 (f) Is a migratory individual who qualifies as
23 homeless because he or she is living in circumstances
24 described in paragraphs (a)-(e).
25
26 The terms defined in this subsection do term does not refer to
27 any individual imprisoned or otherwise detained pursuant to
28 state or federal law. The terms also do not include
29 individuals or families who are sharing housing due to
30 cultural preferences, voluntary arrangements, and traditional
31 networks of support. The terms include an individual who has
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1 been released from jail, prison, the juvenile justice system,
2 the child welfare system, a mental health and developmental
3 disability facility, a residential addiction treatment
4 program, or a hospital, for whom no subsequent residence has
5 been identified, and who lacks the resources and support
6 network to obtain housing.
7 (7)(5) "Local coalition for the homeless" means a
8 coalition established pursuant to s. 420.623.
9 (8)(6) "New and temporary homeless" means those
10 individuals or families who are homeless due to societal
11 external factors, such as unemployment or other loss of
12 income, personal or family-life crises, or the shortage of
13 low-income housing.
14 (9) "Societal causes of homelessness" means factors
15 such as lack of housing for individuals and families with low
16 incomes, lack of employment opportunities for those with a
17 high school education or less, and lack of day care,
18 transportation, and other institutional supports.
19 (10)(7) "State Office on Homelessness" means the state
20 office created in s. 420.622 "Secretary" means the secretary
21 of the Department of Children and Family Services.
22 Section 3. Subsections (2) and (9) of section 420.622,
23 Florida Statutes, are amended to read:
24 420.622 State Office on Homelessness; Council on
25 Homelessness.--
26 (2) The Council on Homelessness is created to consist
27 of a 17-member 15-member council of public and private agency
28 representatives who shall develop policy and advise the State
29 Office on Homelessness. The council members shall be: the
30 Secretary of Children and Family Services, or his or her
31 designee; the Secretary of Community Affairs, or his or her
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1 designee; the Secretary of Health, or his or her designee; the
2 Executive Director of Veterans' Affairs, or his or her
3 designee; the Secretary of Corrections, or his or her
4 designee; the Secretary of Health Care Administration, or his
5 or her designee; the Commissioner of Education, or his or her
6 designee; the Director of Workforce Florida, Inc., or his or
7 her designee; one representative of the Florida Association of
8 Counties; one representative from the Florida League of
9 Cities; one representative of the Florida Coalition for
10 Supportive Housing Coalition; the Executive Director of the
11 Florida Housing Finance Corporation, or his or her designee;
12 one representative of the Florida Coalition for the Homeless;
13 one representative of the Florida State Rural Development
14 Council; and four members appointed by the Governor. The
15 council members shall be volunteer, nonpaid persons and shall
16 be reimbursed for travel expenses only. The appointed members
17 of 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 (9) The council shall, by June 30 December 31 of each
22 year, beginning in 2008, issue to the Governor, the President
23 of the Senate, the Speaker of the House of Representatives,
24 and the Secretary of Children and Family Services an
25 evaluation of the executive director's performance in
26 fulfilling the statutory duties of the office, a report
27 summarizing the council's recommendations to the office and
28 the corresponding actions taken by the office, and any
29 recommendations to the Legislature for proposals to reduce
30 homelessness in this state.
31 Section 4. Section 420.6275, Florida Statutes, is
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1 created to read:
2 420.6275 Housing First.--
3 (1) LEGISLATIVE FINDINGS AND INTENT.--
4 (a) The Legislature finds that many communities plan
5 to manage homelessness rather than plan to end it.
6 (b) The Legislature also finds that for most of the
7 past two decades, public and private solutions to homelessness
8 have focused on providing individuals and families who are
9 experiencing homelessness with emergency shelter, transitional
10 housing, or a combination of both. While emergency shelter
11 programs may provide critical access to services for
12 individuals and families in crisis, they often fail to address
13 the long-term needs of those who are homeless.
14 (c) The Legislature further finds that Housing First
15 is an alternative approach to the current system of emergency
16 shelter or transitional housing which tends to reduce the
17 length of time of homelessness and has proven to be
18 cost-effective to homeless programs.
19 (d) It is therefore the intent of the Legislature to
20 encourage local coalitions for the homeless, established
21 pursuant to s. 420.623, to adopt the Housing First approach to
22 ending homelessness for individuals and families.
23 (2) HOUSING FIRST METHODOLOGY.--
24 (a) The Housing First approach to homelessness differs
25 from traditional approaches by providing housing assistance,
26 case management, and support services responsive to individual
27 or family needs after housing is obtained. By using the
28 Housing First approach when appropriate, communities can
29 significantly reduce the amount of time that individuals and
30 families are homeless and prevent further episodes of
31 homelessness. Housing First emphasizes that social services
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1 provided to enhance individual and family well-being can be
2 more effective when people are in their own home, and:
3 1. The housing is not time-limited.
4 2. The housing is not contingent on compliance with
5 services. Instead, participants must comply with a standard
6 lease agreement and are provided with the services and support
7 that are necessary to help them do so successfully.
8 (b) The Housing First approach addresses the societal
9 causes of homelessness and advocates for the immediate return
10 of individuals and families back into housing and communities.
11 Housing First provides a critical link between the emergency
12 and transitional housing system and community-based social
13 service, educational, and health care organizations and
14 consists of four components:
15 1. Crisis intervention and short-term stabilization.
16 2. Screening, intake, and needs assessment.
17 3. Provision of housing resources.
18 4. Provision of case management.
19 Section 5. Section 420.628, Florida Statutes, is
20 created to read:
21 420.628 Children and young adults leaving foster
22 care.--
23 (1) LEGISLATIVE FINDINGS AND INTENT.--
24 (a) The Legislature finds that the transition from
25 childhood to adulthood is filled with opportunity and risk.
26 Most young people who receive adequate support make this
27 transition successfully and will become healthy adults who
28 will be prepared for work and be able to become responsible,
29 fulfilled members of their families and communities.
30 (b) The Legislature finds that there are also many
31 young people who will enter adulthood without the knowledge,
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1 skills, attitudes, habits, and relationships that will enable
2 them to be productive members of society. Those young people,
3 who through no fault of their own, live in foster families,
4 group homes, and institutions are among those at greatest
5 risk.
6 (c) The Legislature finds that these young people face
7 numerous barriers to a successful transition to adulthood.
8 Those barriers include changes in foster care placements and
9 schools, limited opportunities for participation in
10 age-appropriate normal activities, and the inability to
11 achieve economic stability, make connections with permanent
12 supportive adults or family, and access housing. The main
13 barriers to safe and affordable housing for youth aging out of
14 the foster care system are cost, lack of availability, the
15 unwillingness of many landlords to rent to them, and their own
16 lack of knowledge about how to be good tenants.
17 (d) The Legislature also finds that young adults who
18 emancipate from the child welfare system are at risk of
19 becoming homeless and those who were formerly in foster care
20 are disproportionately represented in the homeless population.
21 Only about two-fifths of eligible young people receive
22 independent living services and, of those who do, few receive
23 adequate housing assistance. Without the stability of safe
24 housing all other services, training, and opportunities may
25 not be effective.
26 (e) The Legislature further finds that research on
27 young people who emancipate from foster care suggests a nexus
28 between foster care involvement and later episodes of
29 homelessness and that interventions in the foster care system
30 might help to prevent homelessness. Responding to the needs of
31 young people leaving the foster care system with
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1 developmentally appropriate supportive housing models
2 organized in a continuum of decreasing supervision may
3 increase their ability to live independently in the future.
4 (f) It is therefore the intent of the Legislature to
5 encourage the Department of Children and Family Services, its
6 agents, and community-based care providers operating pursuant
7 to s. 409.1671, to develop and implement procedures designed
8 to reduce the number of young adults who become homeless after
9 leaving the child welfare system.
10 (2) YOUTH HOUSING FIRST CONTINUUM PILOT
11 PROGRAM.--Housing for young people is by nature transitional.
12 Most young people in their late teens through mid-twenties are
13 housed in college dormitories or shared or studio apartments
14 or continue to live at home. Commonly, young people move
15 through a number of such interim housing situations as they
16 grow into adulthood. Many older teens and young adults who
17 leave foster care at the age of 18 do not have the opportunity
18 for those usual transitions and as a result are at risk for
19 becoming homeless.
20 (a) Creation of pilot program; eligibility.--There is
21 created a 3-year Youth Housing First Continuum Pilot Program
22 in Hillsborough County. The purpose of the program is to
23 support the development and implementation of a transitional
24 living or subsidized independent living housing experience for
25 those young people aging out of foster care who will not have
26 the option of remaining in a foster care family home or in a
27 group home, to facilitate a smooth transition from foster home
28 or group home living to independent living. The pilot program
29 shall serve at least 100 young adults, and eligibility
30 requirements shall include:
31 1. Young adults who turn 18 years of age while in
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1 licensed foster care and have been in foster care for at least
2 12 months prior to turning 18 years of age. The 12-month
3 requirement shall be waived in circumstances where the
4 requirements of s. 39.701(6)(a)8. have not been met, no
5 subsequent residence has been identified, and the young person
6 lacks the resources and support network to obtain housing.
7 2. Priority shall be given to those young persons who
8 are attending high school and can demonstrate either through
9 documentation of school attendance or engagement in
10 extracurricular activities that a displacement from school
11 would have an adverse effect on their ability to achieve their
12 educational goals.
13 3. Other participants shall be chosen based on their
14 eligibility pursuant to s. 409.1451(2) and documented
15 enrollment in a full-time adult educational or postsecondary
16 educational or vocational program or a combination of
17 employment and part-time enrollment in an educational program.
18 (b) Pilot program design.--There shall be a youth
19 housing continuum that incorporates various types of housing
20 without predetermined time limits to allow young adults to
21 transition from one housing program to another according to
22 their individual developmental capacities. Based upon the
23 needs and preferences of a given young adult, such housing
24 could take any number of forms from shared homes to
25 scattered-site, independent apartments with or without
26 roommates. Young adults should have the flexibility to move
27 among housing programs as they gain independent living skills
28 and economic stability, including the ability to reenter
29 housing programs and move back along the continuum if their
30 current needs or abilities change. The continuum in the pilot
31 program will consist of the following three levels of
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1 decreasing supervision:
2 1. Supervised living for young adults who have reached
3 18 years of age, but are not yet 24 years of age, who cannot
4 adequately manage their affairs and need constant, consistent
5 adult supervision, training, and support. Each participant
6 shall have his or her own bedroom and bathroom and share a
7 common living area.
8 2. Monitored living for young adults who have reached
9 18 years of age, but are not yet 24 years of age, who can
10 typically manage their own affairs but need regular adult
11 monitoring. Housing will be provided in scattered sites
12 throughout the community with support staff working regularly
13 with participants to address their educational, employment,
14 and financial stability goals. Each participant shall have his
15 or her own bedroom and bathroom and share an apartment with
16 one to three roommates.
17 3. Independent living for young adults who have the
18 ability to live on their own with access to support services
19 as needed.
20 (c) Pilot program administration; duties;
21 report.--Connected by 25 in Hillsborough County shall provide
22 administrative support for and shall be responsible for the
23 operation for the Youth Housing First Continuum Pilot Program.
24 Connected by 25 shall:
25 1. Create and implement a transitional housing
26 continuum in which young persons who meet the eligibility
27 criteria of this subsection will receive support while
28 participating in an educational or training program, or any
29 activity consistent with their independent living transitional
30 services case plan. The housing continuum should be based on
31 the Housing First approach, which is premised on accessing
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1 adequate, stable housing and receiving the services necessary
2 to maintain such housing.
3 2. Provide each program participant with a transition
4 and aftercare specialist to provide transitional support
5 services. Each participant, in partnership with the transition
6 and aftercare specialist, shall develop a transition plan that
7 is specific to his or her efforts to achieve self-sufficiency.
8 3. Require that each participant complete a
9 comprehensive financial literacy and asset development
10 training program and be enrolled in the Connected by 25 match
11 savings program that utilizes private dollars to match, on a
12 one-to-one basis, the savings of each participant up to $1,000
13 each year. This requirement will prepare program participants
14 for economic success as they age out of the foster care
15 system.
16 (d) Annual reports.--Beginning January 1, 2008, and
17 continuing for the duration of the pilot program, Connected by
18 25 shall submit to the Governor, the Speaker of the House of
19 Representatives, the President of the Senate, and the
20 Secretary of Children and Family Services an annual report
21 outlining the progress made in the development and
22 implementation of the pilot program, including documentation
23 of the outcomes for the participants in the areas identified
24 by the Independent Living Services Advisory Council pursuant
25 to s. 409.1451, and recommendations for pilot program
26 improvement and expansion.
27 Section 6. Subsection (12) of section 1003.01, Florida
28 Statutes, is amended to read:
29 1003.01 Definitions.--As used in this chapter, the
30 term:
31 (12) "Children and youths who are experiencing
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1 homelessness," for programs authorized under subtitle B,
2 Education for Homeless Children and Youths, of title VII of
3 the McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss.
4 11431 et seq., means children and youths who lack a fixed,
5 regular, and adequate nighttime residence; and includes:
6 (a) Children and youths who are sharing the housing of
7 other persons due to loss of housing, economic hardship, or a
8 similar reason; are living in motels, hotels, travel trailer
9 parks, or camping grounds due to the lack of alternative
10 adequate accommodations; are living in emergency or
11 transitional shelters; are abandoned in hospitals; or are
12 awaiting foster care placement.
13 (b) Children and youths who have a primary nighttime
14 residence that is a public or private place not designed for
15 or ordinarily used as a regular sleeping accommodation for
16 human beings.
17 (c) Children and youths who are living in cars, parks,
18 public spaces, abandoned buildings, bus or train stations, or
19 similar settings.
20 (d) Migratory children who are living in circumstances
21 described in paragraphs (a)-(c).
22 (12) "Homeless child" means:
23 (a) One who lacks a fixed, regular nighttime
24 residence;
25 (b) One who has a primary nighttime residence that is:
26 1. A supervised publicly or privately operated shelter
27 designed to provide temporary living accommodations, including
28 welfare hotels, congregate shelters, and transitional housing
29 for the mentally ill;
30 2. An institution that provides a temporary residence
31 for individuals intended to be institutionalized; or
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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 because the parent is suffering
6 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.
11 Section 7. Paragraph (f) of subsection (1) and
12 paragraph (g) of subsection (4) of section 1003.21, Florida
13 Statutes, are amended to read:
14 1003.21 School attendance.--
15 (1)
16 (f) Children and youths who are experiencing
17 homelessness Homeless children, as defined in s. 1003.01, must
18 have access to a free public education and must be admitted to
19 school in the school district in which they or their families
20 live. School districts shall assist such homeless children to
21 meet the requirements of subsection (4) and s. 1003.22, as
22 well as local requirements for documentation.
23 (4) Before admitting a child to kindergarten, the
24 principal shall require evidence that the child has attained
25 the age at which he or she should be admitted in accordance
26 with the provisions of subparagraph (1)(a)2. The district
27 school superintendent may require evidence of the age of any
28 child whom he or she believes to be within the limits of
29 compulsory attendance as provided for by law. If the first
30 prescribed evidence is not available, the next evidence
31 obtainable in the order set forth below shall be accepted:
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1 (g) If none of these evidences can be produced, an
2 affidavit of age sworn to by the parent, accompanied by a
3 certificate of age signed by a public health officer or by a
4 public school physician, or, if neither of these is available
5 in the county, by a licensed practicing physician designated
6 by the district school board, which certificate states that
7 the health officer or physician has examined the child and
8 believes that the age as stated in the affidavit is
9 substantially correct. Children and youths who are
10 experiencing homelessness A homeless child, as defined in s.
11 1003.01, shall be given temporary exemption from this section
12 for 30 school days.
13 Section 8. Subsection (1) and paragraph (e) of
14 subsection (5) of section 1003.22, Florida Statutes, are
15 amended to read:
16 1003.22 School-entry health examinations; immunization
17 against communicable diseases; exemptions; duties of
18 Department of Health.--
19 (1) Each district school board and the governing
20 authority of each private school shall require that each child
21 who is entitled to admittance to kindergarten, or is entitled
22 to any other initial entrance into a public or private school
23 in this state, present a certification of a school-entry
24 health examination performed within 1 year prior to enrollment
25 in school. Each district school board, and the governing
26 authority of each private school, may establish a policy that
27 permits a student up to 30 school days to present a
28 certification of a school-entry health examination. Children
29 and youths who are experiencing homelessness A homeless child,
30 as defined in s. 1003.01, shall be given a temporary exemption
31 for 30 school days. Any district school board that establishes
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1 such a policy shall include provisions in its local school
2 health services plan to assist students in obtaining the
3 health examinations. However, any child shall be exempt from
4 the requirement of a health examination upon written request
5 of the parent of the child stating objections to the
6 examination on religious grounds.
7 (5) The provisions of this section shall not apply if:
8 (e) An authorized school official issues a temporary
9 exemption, for a period not to exceed 30 school days, to
10 permit a student who transfers into a new county to attend
11 class until his or her records can be obtained. Children and
12 youths who are experiencing homelessness A homeless child, as
13 defined in s. 1003.01, shall be given a temporary exemption
14 for 30 school days. The public school health nurse or
15 authorized private school official is responsible for followup
16 of each such student until proper documentation or
17 immunizations are obtained. An exemption for 30 days may be
18 issued for a student who enters a juvenile justice program to
19 permit the student to attend class until his or her records
20 can be obtained or until the immunizations can be obtained. An
21 authorized juvenile justice official is responsible for
22 followup of each student who enters a juvenile justice program
23 until proper documentation or immunizations are obtained.
24 Section 9. The sum of $250,000 in nonrecurring funds
25 is appropriated from the General Revenue Fund to the
26 Department of Children and Family Services for the purposes of
27 implementing section 420.628, Florida Statutes, during the
28 2007-2008 fiscal year.
29 Section 10. This act shall take effect July 1, 2007.
30
31
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to homelessness; amending s.
8 420.507, F.S.; conforming a cross-reference;
9 amending s. 420.621, F.S.; conforming a
10 cross-reference; revising, providing, and
11 deleting definitions; amending s. 420.622,
12 F.S.; increasing and revising membership on the
13 Council on Homelessness; removing a member from
14 an obsolete organization; correcting the name
15 of a member organization on the council;
16 revising the date of an annual report; creating
17 s. 420.6275, F.S.; creating the Housing First
18 program; providing legislative findings and
19 intent; providing methodology; providing
20 components of the program; creating s. 420.628,
21 F.S.; providing legislative findings and
22 intent; creating a 3-year Youth Housing First
23 Continuum Pilot Program; providing eligibility
24 requirements for the pilot program; providing
25 for the design of the pilot program; requiring
26 Connected by 25 in Hillsborough County to
27 provide administrative support; providing
28 Connected by 25 with specified duties;
29 providing reporting requirements; amending s.
30 1003.01, F.S.; revising a definition; amending
31 ss. 1003.21 and 1003.22, F.S.; conforming
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2824
Barcode 284470
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2 providing an effective date.
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