Florida Senate - 2008 SB 1970

By Senator Bennett

21-03604-08 20081970__

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A bill to be entitled

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An act relating to housing authorities; amending s.

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421.02, F.S.; revising a finding and declaration of

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necessity to provide that the development and

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implementation of mandatory family self-sufficiency

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programs is a purpose for which public money may be spent

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and private property acquired and is a governmental

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function of public concern; creating s. 421.041, F.S.;

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requiring housing authorities to develop family self-

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sufficiency programs; providing program objectives and

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requirements; authorizing the housing authority to apply

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to the Department of Community Affairs for funding under

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certain conditions; providing application requirements for

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funding; amending s. 421.05, F.S.; revising appointment

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and qualification requirements for housing authority

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commissioners; providing an effective date.

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

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     Section 1.  Subsection (3) of section 421.02, Florida

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Statutes, is amended to read:

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     421.02  Finding and declaration of necessity.--It is hereby

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declared that:

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     (3) The clearance, replanning, and reconstruction of the

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areas in which insanitary or unsafe housing conditions exist and

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the providing of safe and sanitary dwelling accommodations for

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persons of low income, including the acquisition by a housing

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authority of property to be used for or in connection with

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housing projects or appurtenant thereto, and the development and

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implementation of mandatory family self-sufficiency programs, are

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exclusively public uses and purposes for which public money may

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be spent and private property acquired and are governmental

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functions of public concern.

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     Section 2.  Section 421.041, Florida Statutes, is created to

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read:

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     421.041 Family self-sufficiency programs.--

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     (1) Each housing authority created pursuant to this chapter

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shall develop a family self-sufficiency program to assist persons

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accepted as occupants in public housing developments in becoming

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self-sufficient. Mandatory elements of the program shall include

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an in-depth and thorough analysis of the educational and social

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needs of participants, including parenting and homeownership

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skills, and the development of individualized goals designed to

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assist participants in meeting those needs.

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     (a) The analysis of a participant's educational and social

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needs shall occur prior to a participant's physical occupancy of

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a dwelling.

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     (b) Each participant must be provided a schedule of the

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times in which each individualized goal of the program must be

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met and the time in which all requirements of the program must be

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completed by the participant.

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     (c) The program must provide for day and evening child care

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services and job placement and homeownership assistance for each

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participant successfully completing the program.

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     (d) Each person accepted as a participant in the program

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must undergo personality and career assessments.

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     (e) Failure of a participant to timely meet the

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individualized goals or complete the requirements of the program

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shall result in a default of the participant's lease under which

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the lease shall be terminated. Notice of the provisions of this

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paragraph shall be provided to all participants and stated

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clearly in the lease of all persons participating in the program.

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     (2) The housing authority may apply to the Department of

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Community Affairs for funding to be used exclusively for costs

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related to implementation of a family self-sufficiency program.

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Applications for funding must include the housing authority's

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proposed family self-sufficiency program and a resolution of the

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board of commissioners of the housing authority adopting and

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approving the program. The application shall include the annual

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cost of implementing the program and the authority's plan for

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securing additional funds for such implementation.

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     (3) For purposes of this section, the term "self-

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sufficient" means the individual is no longer in need of services

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provided pursuant to this chapter.

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     Section 3.  Subsection (1) of section 421.05, Florida

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Statutes, is amended to read:

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     421.05  Appointment, qualifications, and tenure of

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commissioners; hiring of employees.--

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     (1)  When the governing body of a city adopts a resolution

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as aforesaid, the mayor, with the approval of the governing body,

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shall promptly appoint no fewer than four five persons, and the

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Governor, with the approval of the governing body, shall promptly

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appoint no fewer than three persons and no more than seven

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persons, as commissioners of the authority created for such city.

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Persons appointed to serve as commissioners shall be residents of

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the city in which they are appointed to serve. Three of the

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commissioners who are first appointed shall be designated to

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serve for terms of 1, 2, and 3 years respectively; the remaining

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commissioners shall be designated to serve for terms of 4 years

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each, from the date of their appointment. Thereafter, each

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commissioner shall be appointed as aforesaid for a term of office

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of 4 years, except that a vacancy shall be filled for the

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unexpired term by an appointment by the mayor or Governor with

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the approval of the governing body within 60 days after such

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vacancy occurs. Each housing authority created pursuant to this

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chapter shall have at least one commissioner who shall be a

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resident who is current in rent in a housing project or a person

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of low or very low income who resides within the housing

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authority's jurisdiction and is receiving rent subsidy through a

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program administered by the authority or public housing agency

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that has jurisdiction for the same locality served by the housing

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authority, which commissioner shall be appointed at the time a

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vacancy exists. In the case of an authority which has no

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completed project, no tenant-commissioner shall be appointed

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until 10 percent of the units in the first project of the

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authority have been occupied. The cessation of a tenant-

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commissioner's tenancy in a housing project or the cessation of

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rent subsidy shall remove such tenant-commissioner from office,

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and another person meeting the qualifications required for the

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office shall be appointed for the unexpired portion of the term.

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After all reasonable efforts have been made and documented, if

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the commissioners find that no housing project resident or rent

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subsidy recipient is available to serve as a tenant-commissioner,

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the existing vacancy shall then be filled through the normal

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appointment procedures set forth in this subsection. However,

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such normal appointment shall not preclude the requirement to

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exercise diligence in all succeeding vacancies to attempt to

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first appoint a tenant-commissioner until at least one tenant-

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commissioner has been appointed. No commissioner of an authority

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may be an officer or employee of the city for which the authority

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is created. A commissioner shall hold office until a successor

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has been appointed and has qualified. A certificate of the

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appointment or reappointment of any commissioner shall be filed

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with the clerk, and such certificate shall be conclusive evidence

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of the due and proper appointment of such commissioner. A

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commissioner shall receive no compensation for his or her

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services but shall be entitled to the necessary expenses,

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including travel expenses, incurred in the discharge of his or

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her duties. The requirements of this subsection with respect to

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the number of commissioners of a housing authority apply without

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regard to the date on which the housing authority was created.

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     Section 4.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.