Florida Senate - 2008 SB 1970
By Senator Bennett
21-03604-08 20081970__
1
A bill to be entitled
2
An act relating to housing authorities; amending s.
3
421.02, F.S.; revising a finding and declaration of
4
necessity to provide that the development and
5
implementation of mandatory family self-sufficiency
6
programs is a purpose for which public money may be spent
7
and private property acquired and is a governmental
8
function of public concern; creating s. 421.041, F.S.;
9
requiring housing authorities to develop family self-
10
sufficiency programs; providing program objectives and
11
requirements; authorizing the housing authority to apply
12
to the Department of Community Affairs for funding under
13
certain conditions; providing application requirements for
14
funding; amending s. 421.05, F.S.; revising appointment
15
and qualification requirements for housing authority
16
commissioners; providing an effective date.
17
18
Be It Enacted by the Legislature of the State of Florida:
19
20
Section 1. Subsection (3) of section 421.02, Florida
21
Statutes, is amended to read:
22
421.02 Finding and declaration of necessity.--It is hereby
23
declared that:
24
(3) The clearance, replanning, and reconstruction of the
25
areas in which insanitary or unsafe housing conditions exist and
26
the providing of safe and sanitary dwelling accommodations for
27
persons of low income, including the acquisition by a housing
28
authority of property to be used for or in connection with
29
housing projects or appurtenant thereto, and the development and
30
implementation of mandatory family self-sufficiency programs, are
31
exclusively public uses and purposes for which public money may
32
be spent and private property acquired and are governmental
33
functions of public concern.
34
Section 2. Section 421.041, Florida Statutes, is created to
35
read:
36
421.041 Family self-sufficiency programs.--
37
(1) Each housing authority created pursuant to this chapter
38
shall develop a family self-sufficiency program to assist persons
39
accepted as occupants in public housing developments in becoming
40
self-sufficient. Mandatory elements of the program shall include
41
an in-depth and thorough analysis of the educational and social
42
needs of participants, including parenting and homeownership
43
skills, and the development of individualized goals designed to
44
assist participants in meeting those needs.
45
(a) The analysis of a participant's educational and social
46
needs shall occur prior to a participant's physical occupancy of
47
a dwelling.
48
(b) Each participant must be provided a schedule of the
49
times in which each individualized goal of the program must be
50
met and the time in which all requirements of the program must be
51
completed by the participant.
52
(c) The program must provide for day and evening child care
53
services and job placement and homeownership assistance for each
54
participant successfully completing the program.
55
(d) Each person accepted as a participant in the program
56
must undergo personality and career assessments.
57
(e) Failure of a participant to timely meet the
58
individualized goals or complete the requirements of the program
59
shall result in a default of the participant's lease under which
60
the lease shall be terminated. Notice of the provisions of this
61
paragraph shall be provided to all participants and stated
62
clearly in the lease of all persons participating in the program.
63
(2) The housing authority may apply to the Department of
64
Community Affairs for funding to be used exclusively for costs
65
related to implementation of a family self-sufficiency program.
66
Applications for funding must include the housing authority's
67
proposed family self-sufficiency program and a resolution of the
68
board of commissioners of the housing authority adopting and
69
approving the program. The application shall include the annual
70
cost of implementing the program and the authority's plan for
71
securing additional funds for such implementation.
72
(3) For purposes of this section, the term "self-
73
sufficient" means the individual is no longer in need of services
74
provided pursuant to this chapter.
75
Section 3. Subsection (1) of section 421.05, Florida
76
Statutes, is amended to read:
77
421.05 Appointment, qualifications, and tenure of
78
commissioners; hiring of employees.--
79
(1) When the governing body of a city adopts a resolution
80
as aforesaid, the mayor, with the approval of the governing body,
81
shall promptly appoint no fewer than four five persons, and the
82
Governor, with the approval of the governing body, shall promptly
83
appoint no fewer than three persons and no more than seven
84
persons, as commissioners of the authority created for such city.
85
Persons appointed to serve as commissioners shall be residents of
86
the city in which they are appointed to serve. Three of the
87
commissioners who are first appointed shall be designated to
88
serve for terms of 1, 2, and 3 years respectively; the remaining
89
commissioners shall be designated to serve for terms of 4 years
90
each, from the date of their appointment. Thereafter, each
91
commissioner shall be appointed as aforesaid for a term of office
92
of 4 years, except that a vacancy shall be filled for the
93
unexpired term by an appointment by the mayor or Governor with
94
the approval of the governing body within 60 days after such
95
vacancy occurs. Each housing authority created pursuant to this
96
chapter shall have at least one commissioner who shall be a
97
resident who is current in rent in a housing project or a person
98
of low or very low income who resides within the housing
99
authority's jurisdiction and is receiving rent subsidy through a
100
program administered by the authority or public housing agency
101
that has jurisdiction for the same locality served by the housing
102
authority, which commissioner shall be appointed at the time a
103
vacancy exists. In the case of an authority which has no
104
completed project, no tenant-commissioner shall be appointed
105
until 10 percent of the units in the first project of the
106
authority have been occupied. The cessation of a tenant-
107
commissioner's tenancy in a housing project or the cessation of
108
rent subsidy shall remove such tenant-commissioner from office,
109
and another person meeting the qualifications required for the
110
office shall be appointed for the unexpired portion of the term.
111
After all reasonable efforts have been made and documented, if
112
the commissioners find that no housing project resident or rent
113
subsidy recipient is available to serve as a tenant-commissioner,
114
the existing vacancy shall then be filled through the normal
115
appointment procedures set forth in this subsection. However,
116
such normal appointment shall not preclude the requirement to
117
exercise diligence in all succeeding vacancies to attempt to
118
first appoint a tenant-commissioner until at least one tenant-
119
commissioner has been appointed. No commissioner of an authority
120
may be an officer or employee of the city for which the authority
121
is created. A commissioner shall hold office until a successor
122
has been appointed and has qualified. A certificate of the
123
appointment or reappointment of any commissioner shall be filed
124
with the clerk, and such certificate shall be conclusive evidence
125
of the due and proper appointment of such commissioner. A
126
commissioner shall receive no compensation for his or her
127
services but shall be entitled to the necessary expenses,
128
including travel expenses, incurred in the discharge of his or
129
her duties. The requirements of this subsection with respect to
130
the number of commissioners of a housing authority apply without
131
regard to the date on which the housing authority was created.
132
Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.