Senate Bill sb2824c1
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By the Committee on Children, Families, and Elder Affairs; and
Senator Crist
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1 A bill to be entitled
2 An act relating to homelessness; amending s.
3 420.507, F.S.; conforming a cross-reference;
4 amending s. 420.621, F.S.; conforming a
5 cross-reference; revising, providing, and
6 deleting definitions; amending s. 420.622,
7 F.S.; increasing and revising membership on the
8 Council on Homelessness; removing a member from
9 an obsolete organization; correcting the name
10 of a member organization on the council;
11 revising the date of an annual report; creating
12 s. 420.6275, F.S.; creating the Housing First
13 program; providing legislative findings and
14 intent; providing methodology; providing
15 components of the program; creating s. 420.628,
16 F.S.; providing legislative findings and
17 intent; creating a 3-year Youth Housing First
18 Continuum Pilot Program; providing eligibility
19 requirements for the pilot program; providing
20 for the design of the pilot program; requiring
21 Connected by 25 in Hillsborough County to
22 provide administrative support; providing
23 Connected by 25 with specified duties;
24 providing reporting requirements; amending s.
25 1003.01, F.S.; revising a definition; amending
26 ss. 1003.21 and 1003.22, F.S.; conforming
27 terminology; providing an appropriation;
28 providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraph (a) of subsection (22) of section
2 420.507, Florida Statutes, is amended to read:
3 420.507 Powers of the corporation.--The corporation
4 shall have all the powers necessary or convenient to carry out
5 and effectuate the purposes and provisions of this part,
6 including the following powers which are in addition to all
7 other powers granted by other provisions of this part:
8 (22) To develop and administer the State Apartment
9 Incentive Loan Program. In developing and administering that
10 program, the corporation may:
11 (a) Make first, second, and other subordinated
12 mortgage loans including variable or fixed rate loans subject
13 to contingent interest for all State Apartment Incentive Loans
14 provided for in this chapter based upon available cash flow of
15 the projects. The corporation shall make loans exceeding 25
16 percent of project cost available only to nonprofit
17 organizations and public bodies which are able to secure
18 grants, donations of land, or contributions from other sources
19 and to projects meeting the criteria of subparagraph 1.
20 Mortgage loans shall be made available at the following rates
21 of interest:
22 1. Zero to 3 percent interest for sponsors of projects
23 that set aside at least 80 percent of their total units for
24 residents qualifying as farmworkers as defined in this part,
25 or commercial fishing workers as defined in this part, or the
26 homeless as defined in s. 420.621(6)(4) over the life of the
27 loan.
28 2. Zero to 3 percent interest based on the pro rata
29 share of units set aside for homeless residents if the total
30 of such units is less than 80 percent of the units in the
31 borrower's project.
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1 3. One to 9 percent interest for sponsors of projects
2 targeted at populations other than farmworkers, commercial
3 fishing workers, and the homeless.
4 Section 2. Section 420.621, Florida Statutes, is
5 amended to read:
6 420.621 Definitions; ss. 420.621-420.628
7 420.621-420.627.--As used in ss. 420.621-420.628
8 420.621-420.627, the term following terms shall have the
9 following meanings, unless the context otherwise requires:
10 (1) "Children and youths experiencing homelessness,"
11 for programs authorized under the McKinney-Vento Education
12 Assistance for Homeless Children and Youths, 42 U.S.C. ss.
13 11431 et seq., means children and youths who lack a fixed,
14 regular, and adequate nighttime residence.
15 (2) "Continuum of care" means a community plan to
16 organize and deliver housing and services to meet the specific
17 needs of people who are homeless as they move to stable
18 housing and maximum self-sufficiency. It includes action steps
19 to end homelessness and prevent a return to homelessness.
20 (3) "Council on Homelessness" means the council
21 created in s. 420.622.
22 (1) "AFDC" means Aid to Families with Dependent
23 Children as administered under chapter 409.
24 (4)(2) "Department" means the Department of Children
25 and Family Services.
26 (5)(3) "District" means a service district of the
27 department of Children and Family Services, as set forth in s.
28 20.19.
29 (6)(4) "Homeless," applied to an individual, or
30 "individual experiencing homelessness" means "Homeless" refers
31 to an individual who lacks a fixed, regular, and adequate
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1 nighttime residence and includes or an individual who has a
2 primary nighttime residence that is:
3 (a) Is living in an emergency or transitional shelter;
4 A supervised publicly or privately operated shelter designed
5 to provide temporary living accommodations, including welfare
6 hotels, congregate shelters, and transitional housing for the
7 mentally ill;
8 (b) An institution that provides a temporary residence
9 for individuals intended to be institutionalized; or
10 (b)(c) Has a primary nighttime residence that is a
11 public or private place not designed for, or ordinarily used
12 as, a regular sleeping accommodation for human beings;
13 (c) Is living in a car, park, public space, abandoned
14 building, bus or train station, or similar setting; or
15 (d) Is a migratory individual who qualifies as
16 homeless because he or she is living in circumstances
17 described in paragraphs (a)-(c).
18
19 The terms defined in this subsection do term does not refer to
20 any individual imprisoned or otherwise detained pursuant to
21 state or federal law. The terms also do not include
22 individuals or families who are sharing housing due to
23 cultural preferences, voluntary arrangements, and traditional
24 networks of support. The terms include an individual who has
25 been released from jail, prison, the juvenile justice system,
26 the child welfare system, a mental health or developmental
27 disability facility, a residential addiction treatment
28 program, or a hospital, for whom no subsequent residence has
29 been identified, and who lacks the resources and support
30 network to obtain housing.
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1 (7)(5) "Local coalition for the homeless" means a
2 coalition established pursuant to s. 420.623.
3 (8)(6) "New and temporary homeless" means those
4 individuals or families who are homeless due to societal
5 external factors, such as unemployment or other loss of
6 income, personal or family-life crises, or the shortage of
7 low-income housing.
8 (9) "Societal causes of homelessness" means factors
9 such as lack of housing for individuals and families with low
10 incomes, lack of employment opportunities for those with a
11 high school education or less, and lack of day care,
12 transportation, and other institutional supports.
13 (10)(7) "State Office on Homelessness" means the state
14 office created in s. 420.622 "Secretary" means the secretary
15 of the Department of Children and Family Services.
16 Section 3. Subsections (2) and (9) of section 420.622,
17 Florida Statutes, are amended to read:
18 420.622 State Office on Homelessness; Council on
19 Homelessness.--
20 (2) The Council on Homelessness is created to consist
21 of a 17-member 15-member council of public and private agency
22 representatives who shall develop policy and advise the State
23 Office on Homelessness. The council members shall be: the
24 Secretary of Children and Family Services, or his or her
25 designee; the Secretary of Community Affairs, or his or her
26 designee; the Secretary of Health, or his or her designee; the
27 Executive Director of Veterans' Affairs, or his or her
28 designee; the Secretary of Corrections, or his or her
29 designee; the Secretary of Health Care Administration, or his
30 or her designee; the Commissioner of Education, or his or her
31 designee; the Director of Workforce Florida, Inc., or his or
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1 her designee; one representative of the Florida Association of
2 Counties; one representative from the Florida League of
3 Cities; one representative of the Florida Coalition for
4 Supportive Housing Coalition; the Executive Director of the
5 Florida Housing Finance Corporation, or his or her designee;
6 one representative of the Florida Coalition for the Homeless;
7 one representative of the Florida State Rural Development
8 Council; and four members appointed by the Governor. The
9 council members shall be volunteer, nonpaid persons and shall
10 be reimbursed for travel expenses only. The appointed members
11 of the council shall serve staggered 2-year terms, and the
12 council shall meet at least four times per year. The
13 importance of minority, gender, and geographic representation
14 must be considered when appointing members to the council.
15 (9) The council shall, by June 30 December 31 of each
16 year, beginning in 2008, issue to the Governor, the President
17 of the Senate, the Speaker of the House of Representatives,
18 and the Secretary of Children and Family Services an
19 evaluation of the executive director's performance in
20 fulfilling the statutory duties of the office, a report
21 summarizing the council's recommendations to the office and
22 the corresponding actions taken by the office, and any
23 recommendations to the Legislature for proposals to reduce
24 homelessness in this state.
25 Section 4. Section 420.6275, Florida Statutes, is
26 created to read:
27 420.6275 Housing First.--
28 (1) LEGISLATIVE FINDINGS AND INTENT.--
29 (a) The Legislature finds that many communities plan
30 to manage homelessness rather than plan to end it.
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1 (b) The Legislature also finds that for most of the
2 past two decades, public and private solutions to homelessness
3 have focused on providing individuals and families who are
4 experiencing homelessness with emergency shelter, transitional
5 housing, or a combination of both. While emergency shelter
6 programs may provide critical access to services for
7 individuals and families in crisis, they often fail to address
8 the long-term needs of those who are homeless.
9 (c) The Legislature further finds that Housing First
10 is an alternative approach to the current system of emergency
11 shelter or transitional housing which tends to reduce the
12 length of time of homelessness and has proven to be
13 cost-effective to homeless programs.
14 (d) It is therefore the intent of the Legislature to
15 encourage local coalitions for the homeless, established
16 pursuant to s. 420.623, to adopt the Housing First approach to
17 ending homelessness for individuals and families.
18 (2) HOUSING FIRST METHODOLOGY.--
19 (a) The Housing First approach to homelessness differs
20 from traditional approaches by providing housing assistance,
21 case management, and support services responsive to individual
22 or family needs after housing is obtained. By using the
23 Housing First approach when appropriate, communities can
24 significantly reduce the amount of time that individuals and
25 families are homeless and prevent further episodes of
26 homelessness. Housing First emphasizes that social services
27 provided to enhance individual and family well-being can be
28 more effective when people are in their own home, and:
29 1. The housing is not time-limited.
30 2. The housing is not contingent on compliance with
31 services. Instead, participants must comply with a standard
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1 lease agreement and are provided with the services and support
2 that are necessary to help them do so successfully.
3 (b) The Housing First approach addresses the societal
4 causes of homelessness and advocates for the immediate return
5 of individuals and families back into housing and communities.
6 Housing First provides a critical link between the emergency
7 and transitional housing system and community-based social
8 service, educational, and health care organizations and
9 consists of four components:
10 1. Crisis intervention and short-term stabilization.
11 2. Screening, intake, and needs assessment.
12 3. Provision of housing resources.
13 4. Provision of case management.
14 Section 5. Section 420.628, Florida Statutes, is
15 created to read:
16 420.628 Children and young adults leaving foster
17 care.--
18 (1) LEGISLATIVE FINDINGS AND INTENT.--
19 (a) The Legislature finds that the transition from
20 childhood to adulthood is filled with opportunity and risk.
21 Most young people who receive adequate support make this
22 transition successfully and will become healthy adults who
23 will be prepared for work and be able to become responsible,
24 fulfilled members of their families and communities.
25 (b) The Legislature finds that there are also many
26 young people who will enter adulthood without the knowledge,
27 skills, attitudes, habits, and relationships that will enable
28 them to be productive members of society. Those young people,
29 who through no fault of their own, live in foster families,
30 group homes, and institutions are among those at greatest
31 risk.
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1 (c) The Legislature finds that these young people face
2 numerous barriers to a successful transition to adulthood.
3 Those barriers include changes in foster care placements and
4 schools, limited opportunities for participation in
5 age-appropriate normal activities, and the inability to
6 achieve economic stability, make connections with permanent
7 supportive adults or family, and access housing. The main
8 barriers to safe and affordable housing for youth aging out of
9 the foster care system are cost, lack of availability, the
10 unwillingness of many landlords to rent to them, and their own
11 lack of knowledge about how to be good tenants.
12 (d) The Legislature also finds that young adults who
13 emancipate from the child welfare system are at risk of
14 becoming homeless and those who were formerly in foster care
15 are disproportionately represented in the homeless population.
16 Only about two-fifths of eligible young people receive
17 independent living services and, of those who do, few receive
18 adequate housing assistance. Without the stability of safe
19 housing all other services, training, and opportunities may
20 not be effective.
21 (e) The Legislature further finds that research on
22 young people who emancipate from foster care suggests a nexus
23 between foster care involvement and later episodes of
24 homelessness and that interventions in the foster care system
25 might help to prevent homelessness. Responding to the needs of
26 young people leaving the foster care system with
27 developmentally appropriate supportive housing models
28 organized in a continuum of decreasing supervision may
29 increase their ability to live independently in the future.
30 (f) It is therefore the intent of the Legislature to
31 encourage the Department of Children and Family Services, its
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1 agents, and community-based care providers operating pursuant
2 to s. 409.1671, to develop and implement procedures designed
3 to reduce the number of young adults who become homeless after
4 leaving the child welfare system.
5 (2) YOUTH HOUSING FIRST CONTINUUM PILOT
6 PROGRAM.--Housing for young people is by nature transitional.
7 Most young people in their late teens through mid-twenties are
8 housed in college dormitories or shared or studio apartments
9 or continue to live at home. Commonly, young people move
10 through a number of such interim housing situations as they
11 grow into adulthood. Many older teens and young adults who
12 leave foster care at the age of 18 do not have the opportunity
13 for those usual transitions and as a result are at risk for
14 becoming homeless.
15 (a) Creation of pilot program; eligibility.--There is
16 created a 3-year Youth Housing First Continuum Pilot Program
17 in Hillsborough County. The purpose of the program is to
18 support the development and implementation of a transitional
19 living or subsidized independent living housing experience for
20 those young people aging out of foster care who will not have
21 the option of remaining in a foster care family home or in a
22 group home, to facilitate a smooth transition from foster home
23 or group home living to independent living. The pilot program
24 shall serve at least 100 young adults, and eligibility
25 requirements shall include:
26 1. Young adults who turn 18 years of age while in
27 licensed foster care and have been in foster care for at least
28 12 months prior to turning 18 years of age. The 12-month
29 requirement shall be waived in circumstances where the
30 requirements of s. 39.701(6)(a)8. have not been met, no
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1 subsequent residence has been identified, and the young person
2 lacks the resources and support network to obtain housing.
3 2. Priority shall be given to those young persons who
4 are attending high school and can demonstrate either through
5 documentation of school attendance or engagement in
6 extracurricular activities that a displacement from school
7 would have an adverse effect on their ability to achieve their
8 educational goals.
9 3. Other participants shall be chosen based on their
10 eligibility pursuant to s. 409.1451(2) and documented
11 enrollment in a full-time adult educational or postsecondary
12 educational or vocational program or a combination of
13 employment and part-time enrollment in an educational program.
14 (b) Pilot program design.--There shall be a youth
15 housing continuum that incorporates various types of housing
16 without predetermined time limits to allow young adults to
17 transition from one housing program to another according to
18 their individual developmental capacities. Based upon the
19 needs and preferences of a given young adult, such housing
20 could take any number of forms from shared homes to
21 scattered-site, independent apartments with or without
22 roommates. Young adults should have the flexibility to move
23 among housing programs as they gain independent living skills
24 and economic stability, including the ability to reenter
25 housing programs and move back along the continuum if their
26 current needs or abilities change. The continuum in the pilot
27 program will consist of the following three levels of
28 decreasing supervision:
29 1. Supervised living for young adults who have reached
30 18 years of age, but are not yet 24 years of age, who cannot
31 adequately manage their affairs and need constant, consistent
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1 adult supervision, training, and support. Each participant
2 shall have his or her own bedroom and bathroom and share a
3 common living area.
4 2. Monitored living for young adults who have reached
5 18 years of age, but are not yet 24 years of age, who can
6 typically manage their own affairs but need regular adult
7 monitoring. Housing will be provided in scattered sites
8 throughout the community with support staff working regularly
9 with participants to address their educational, employment,
10 and financial stability goals. Each participant shall have his
11 or her own bedroom and bathroom and share an apartment with
12 one to three roommates.
13 3. Independent living for young adults who have the
14 ability to live on their own with access to support services
15 as needed.
16 (c) Pilot program administration; duties;
17 report.--Connected by 25 in Hillsborough County shall provide
18 administrative support for and shall be responsible for the
19 operation for the Youth Housing First Continuum Pilot Program.
20 Connected by 25 shall:
21 1. Create and implement a transitional housing
22 continuum in which young persons who meet the eligibility
23 criteria of this subsection will receive support while
24 participating in an educational or training program, or any
25 activity consistent with their independent living transitional
26 services case plan. The housing continuum should be based on
27 the Housing First approach, which is premised on accessing
28 adequate, stable housing and receiving the services necessary
29 to maintain such housing.
30 2. Provide each program participant with a transition
31 and aftercare specialist to provide transitional support
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1 services. Each participant, in partnership with the transition
2 and aftercare specialist, shall develop a transition plan that
3 is specific to his or her efforts to achieve self-sufficiency.
4 3. Require that each participant complete a
5 comprehensive financial literacy and asset development
6 training program and be enrolled in the Connected by 25 match
7 savings program that utilizes private dollars to match, on a
8 one-to-one basis, the savings of each participant up to $1,000
9 each year. This requirement will prepare program participants
10 for economic success as they age out of the foster care
11 system.
12 (d) Annual reports.--Beginning January 1, 2008, and
13 continuing for the duration of the pilot program, Connected by
14 25 shall submit to the Governor, the Speaker of the House of
15 Representatives, the President of the Senate, and the
16 Secretary of Children and Family Services an annual report
17 outlining the progress made in the development and
18 implementation of the pilot program, including documentation
19 of the outcomes for the participants in the areas identified
20 by the Independent Living Services Advisory Council pursuant
21 to s. 409.1451, and recommendations for pilot program
22 improvement and expansion.
23 Section 6. Subsection (12) of section 1003.01, Florida
24 Statutes, is amended to read:
25 1003.01 Definitions.--As used in this chapter, the
26 term:
27 (12) "Children and youths who are experiencing
28 homelessness," for programs authorized under subtitle B,
29 Education for Homeless Children and Youths, of title VII of
30 the McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss.
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1 11431 et seq., means children and youths who lack a fixed,
2 regular, and adequate nighttime residence.
3 (12) "Homeless child" means:
4 (a) One who lacks a fixed, regular nighttime
5 residence;
6 (b) One who has a primary nighttime residence that is:
7 1. A supervised publicly or privately operated shelter
8 designed to provide temporary living accommodations, including
9 welfare hotels, congregate shelters, and transitional housing
10 for the mentally ill;
11 2. An institution that provides a temporary residence
12 for individuals intended to be institutionalized; or
13 3. A public or private place not designed for, or
14 ordinarily used as, a regular sleeping accommodation for human
15 beings; or
16 (c) One who temporarily resides with an adult other
17 than his or her parent because the parent is suffering
18 financial hardship.
19
20 A child who is imprisoned, detained, or in the custody of the
21 state pursuant to a state or federal law is not a homeless
22 child.
23 Section 7. Paragraph (f) of subsection (1) and
24 paragraph (g) of subsection (4) of section 1003.21, Florida
25 Statutes, are amended to read:
26 1003.21 School attendance.--
27 (1)
28 (f) Children and youths who are experiencing
29 homelessness Homeless children, as defined in s. 1003.01, must
30 have access to a free public education and must be admitted to
31 school in the school district in which they or their families
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1 live. School districts shall assist such homeless children to
2 meet the requirements of subsection (4) and s. 1003.22, as
3 well as local requirements for documentation.
4 (4) Before admitting a child to kindergarten, the
5 principal shall require evidence that the child has attained
6 the age at which he or she should be admitted in accordance
7 with the provisions of subparagraph (1)(a)2. The district
8 school superintendent may require evidence of the age of any
9 child whom he or she believes to be within the limits of
10 compulsory attendance as provided for by law. If the first
11 prescribed evidence is not available, the next evidence
12 obtainable in the order set forth below shall be accepted:
13 (g) If none of these evidences can be produced, an
14 affidavit of age sworn to by the parent, accompanied by a
15 certificate of age signed by a public health officer or by a
16 public school physician, or, if neither of these is available
17 in the county, by a licensed practicing physician designated
18 by the district school board, which certificate states that
19 the health officer or physician has examined the child and
20 believes that the age as stated in the affidavit is
21 substantially correct. Children and youths who are
22 experiencing homelessness A homeless child, as defined in s.
23 1003.01, shall be given temporary exemption from this section
24 for 30 school days.
25 Section 8. Subsection (1) and paragraph (e) of
26 subsection (5) of section 1003.22, Florida Statutes, are
27 amended to read:
28 1003.22 School-entry health examinations; immunization
29 against communicable diseases; exemptions; duties of
30 Department of Health.--
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1 (1) Each district school board and the governing
2 authority of each private school shall require that each child
3 who is entitled to admittance to kindergarten, or is entitled
4 to any other initial entrance into a public or private school
5 in this state, present a certification of a school-entry
6 health examination performed within 1 year prior to enrollment
7 in school. Each district school board, and the governing
8 authority of each private school, may establish a policy that
9 permits a student up to 30 school days to present a
10 certification of a school-entry health examination. Children
11 and youths who are experiencing homelessness A homeless child,
12 as defined in s. 1003.01, shall be given a temporary exemption
13 for 30 school days. Any district school board that establishes
14 such a policy shall include provisions in its local school
15 health services plan to assist students in obtaining the
16 health examinations. However, any child shall be exempt from
17 the requirement of a health examination upon written request
18 of the parent of the child stating objections to the
19 examination on religious grounds.
20 (5) The provisions of this section shall not apply if:
21 (e) An authorized school official issues a temporary
22 exemption, for a period not to exceed 30 school days, to
23 permit a student who transfers into a new county to attend
24 class until his or her records can be obtained. Children and
25 youths who are experiencing homelessness A homeless child, as
26 defined in s. 1003.01, shall be given a temporary exemption
27 for 30 school days. The public school health nurse or
28 authorized private school official is responsible for followup
29 of each such student until proper documentation or
30 immunizations are obtained. An exemption for 30 days may be
31 issued for a student who enters a juvenile justice program to
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1 permit the student to attend class until his or her records
2 can be obtained or until the immunizations can be obtained. An
3 authorized juvenile justice official is responsible for
4 followup of each student who enters a juvenile justice program
5 until proper documentation or immunizations are obtained.
6 Section 9. The sum of $250,000 in nonrecurring funds
7 is appropriated from the General Revenue Fund to the
8 Department of Children and Family Services for the purposes of
9 implementing section 420.628, Florida Statutes, during the
10 2007-2008 fiscal year.
11 Section 10. This act shall take effect July 1, 2007.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 2824
15
16 The committee substitute:
17 - Adds definitions for the terms "Children and youths
experiencing homelessness," "Council on Homelessness,"
18 "Societal causes of homelessness," and "State Office on
Homelessness." It amends the definition of the term
19 "homeless" or "individual experiencing homelessness" and
removes a definition for the term "AFDC."
20
- Amends the current structure of the Council on
21 Homelessness (council).
22 - Establishes the Housing First approach to homelessness
and encourages local coalitions to adopt this approach.
23
- Encourages the Department of Children and Family Services
24 (DCF) and the community-based care lead agencies (CBCs)
to develop and implement procedures to reduce the number
25 of young adults who become homeless after leaving the
child welfare system.
26
- Establishes a three-year Youth Housing First Continuum
27 Pilot program in Hillsborough County, Florida.
28 - Amends the school code definition of the term "homeless
child."
29
- Provides for an appropriation of $250,000 in nonrecurring
30 General Revenue funds.
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