| 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 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 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, |
| 31 | are exclusively public uses and purposes for which public money |
| 32 | may be spent and private property acquired and are governmental |
| 33 | functions of public concern. |
| 34 | Section 2. Section 421.041, Florida Statutes, is created |
| 35 | to read: |
| 36 | 421.041 Family self-sufficiency programs.-- |
| 37 | (1) Each housing authority created pursuant to this |
| 38 | chapter shall develop a family self-sufficiency program to |
| 39 | assist persons accepted as occupants in public housing |
| 40 | developments in becoming self-sufficient. Mandatory elements of |
| 41 | the program shall include an in-depth and thorough analysis of |
| 42 | the educational and social needs of participants, including |
| 43 | parenting and homeownership skills, and the development of |
| 44 | individualized goals designed to assist participants in meeting |
| 45 | those needs. |
| 46 | (a) The analysis of a participant's educational and social |
| 47 | needs shall occur prior to a participant's physical occupancy of |
| 48 | a dwelling. |
| 49 | (b) Each participant must be provided a schedule of the |
| 50 | times in which each individualized goal of the program must be |
| 51 | met and the time in which all requirements of the program must |
| 52 | be completed by the participant. |
| 53 | (c) The program must provide for day and evening child |
| 54 | care services and job placement and homeownership assistance for |
| 55 | each participant successfully completing the program. |
| 56 | (d) Each person accepted as a participant in the program |
| 57 | must undergo personality and career assessments. |
| 58 | (e) Failure of a participant to timely meet the |
| 59 | individualized goals or complete the requirements of the program |
| 60 | shall result in a default of the participant's lease under which |
| 61 | the lease shall be terminated. Notice of the provisions of this |
| 62 | paragraph shall be provided to all participants and stated |
| 63 | clearly in the lease of all persons participating in the |
| 64 | program. |
| 65 | (2) The housing authority may apply to the Department of |
| 66 | Community Affairs for funding to be used exclusively for costs |
| 67 | related to implementation of a family self-sufficiency program. |
| 68 | Applications for funding must include the housing authority's |
| 69 | proposed family self-sufficiency program and a resolution of the |
| 70 | board of commissioners of the housing authority adopting and |
| 71 | approving the program. The application shall include the annual |
| 72 | cost of implementing the program and the authority's plan for |
| 73 | securing additional funds for such implementation. |
| 74 | (3) For purposes of this section, the term "self- |
| 75 | sufficient" means the individual is no longer in need of |
| 76 | services provided pursuant to this chapter. |
| 77 | Section 3. Subsection (1) of section 421.05, Florida |
| 78 | Statutes, is amended to read: |
| 79 | 421.05 Appointment, qualifications, and tenure of |
| 80 | commissioners; hiring of employees.-- |
| 81 | (1) When the governing body of a city adopts a resolution |
| 82 | as aforesaid, the mayor, with the approval of the governing |
| 83 | body, shall promptly appoint no fewer than four five persons, |
| 84 | and the Governor, with the approval of the governing body, shall |
| 85 | promptly appoint no fewer than three persons and no more than |
| 86 | seven persons, as commissioners of the authority created for |
| 87 | such city. Persons appointed to serve as commissioners shall be |
| 88 | residents of the city in which they are appointed to serve. |
| 89 | Three of the commissioners who are first appointed shall be |
| 90 | designated to serve for terms of 1, 2, and 3 years respectively; |
| 91 | the remaining commissioners shall be designated to serve for |
| 92 | terms of 4 years each, from the date of their appointment. |
| 93 | Thereafter, each commissioner shall be appointed as aforesaid |
| 94 | for a term of office of 4 years, except that a vacancy shall be |
| 95 | filled for the unexpired term by an appointment by the mayor or |
| 96 | Governor with the approval of the governing body within 60 days |
| 97 | after such vacancy occurs. Each housing authority created |
| 98 | pursuant to this chapter shall have at least one commissioner |
| 99 | who shall be a resident who is current in rent in a housing |
| 100 | project or a person of low or very low income who resides within |
| 101 | the housing authority's jurisdiction and is receiving rent |
| 102 | subsidy through a program administered by the authority or |
| 103 | public housing agency that has jurisdiction for the same |
| 104 | locality served by the housing authority, which commissioner |
| 105 | shall be appointed at the time a vacancy exists. In the case of |
| 106 | an authority which has no completed project, no tenant- |
| 107 | commissioner shall be appointed until 10 percent of the units in |
| 108 | the first project of the authority have been occupied. The |
| 109 | cessation of a tenant-commissioner's tenancy in a housing |
| 110 | project or the cessation of rent subsidy shall remove such |
| 111 | tenant-commissioner from office, and another person meeting the |
| 112 | qualifications required for the office shall be appointed for |
| 113 | the unexpired portion of the term. After all reasonable efforts |
| 114 | have been made and documented, if the commissioners find that no |
| 115 | housing project resident or rent subsidy recipient is available |
| 116 | to serve as a tenant-commissioner, the existing vacancy shall |
| 117 | then be filled through the normal appointment procedures set |
| 118 | forth in this subsection. However, such normal appointment shall |
| 119 | not preclude the requirement to exercise diligence in all |
| 120 | succeeding vacancies to attempt to first appoint a tenant- |
| 121 | commissioner until at least one tenant-commissioner has been |
| 122 | appointed. No commissioner of an authority may be an officer or |
| 123 | employee of the city for which the authority is created. A |
| 124 | commissioner shall hold office until a successor has been |
| 125 | appointed and has qualified. A certificate of the appointment or |
| 126 | reappointment of any commissioner shall be filed with the clerk, |
| 127 | and such certificate shall be conclusive evidence of the due and |
| 128 | proper appointment of such commissioner. A commissioner shall |
| 129 | receive no compensation for his or her services but shall be |
| 130 | entitled to the necessary expenses, including travel expenses, |
| 131 | incurred in the discharge of his or her duties. The requirements |
| 132 | of this subsection with respect to the number of commissioners |
| 133 | of a housing authority apply without regard to the date on which |
| 134 | the housing authority was created. |
| 135 | Section 4. This act shall take effect July 1, 2008. |