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A bill to be entitled

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An act relating to homelessness; amending s. 420.507,

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F.S.; conforming a cross-reference; amending s. 420.621,

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F.S.; conforming a cross-reference; revising, providing,

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and deleting definitions; amending s. 420.622, F.S.;

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increasing and revising membership on the Council on

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Homelessness; removing a member from an obsolete

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organization; correcting the name of a member organization

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on the council; revising the date of an annual report;

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creating s. 420.6275, F.S.; creating the Housing First

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program; providing legislative findings and intent;

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providing methodology; providing components of the

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program; creating s. 420.628, F.S.; providing legislative

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findings and intent; creating a 3-year Youth Housing

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Continuum Pilot Program; providing eligibility

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requirements for the pilot program; providing for the

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design of the pilot program; requiring Connected by 25 in

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Hillsborough County to provide administrative support;

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providing Connected by 25 with specified duties; providing

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reporting requirements; amending s. 1003.01, F.S.;

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revising a definition; amending ss. 1003.21 and 1003.22,

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F.S.; conforming terminology; providing an appropriation;

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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.  Paragraph (a) of subsection (22) of section

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420.507, Florida Statutes, is amended to read:

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     420.507  Powers of the corporation.--The corporation shall

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have all the powers necessary or convenient to carry out and

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effectuate the purposes and provisions of this part, including

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the following powers which are in addition to all other powers

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granted by other provisions of this part:

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     (22)  To develop and administer the State Apartment

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Incentive Loan Program. In developing and administering that

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program, the corporation may:

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     (a)  Make first, second, and other subordinated mortgage

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loans including variable or fixed rate loans subject to

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contingent interest for all State Apartment Incentive Loans

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provided for in this chapter based upon available cash flow of

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the projects. The corporation shall make loans exceeding 25

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percent of project cost available only to nonprofit organizations

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and public bodies which are able to secure grants, donations of

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land, or contributions from other sources and to projects meeting

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the criteria of subparagraph 1. Mortgage loans shall be made

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available at the following rates of interest:

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     1.  Zero to 3 percent interest for sponsors of projects that

48

set aside at least 80 percent of their total units for residents

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qualifying as farmworkers as defined in this part, or commercial

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fishing workers as defined in this part, or the homeless as

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defined in s. 420.621(6)(4) over the life of the loan.

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     2.  Zero to 3 percent interest based on the pro rata share

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of units set aside for homeless residents if the total of such

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units is less than 80 percent of the units in the borrower's

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project.

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     3.  One to 9 percent interest for sponsors of projects

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targeted at populations other than farmworkers, commercial

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fishing workers, and the homeless.

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     Section 2.  Section 420.621, Florida Statutes, is amended to

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read:

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     420.621 Definitions; ss. 420.621-420.628 420.621-

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420.627.--As used in ss. 420.621-420.628 420.621-420.627, the

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term following terms shall have the following meanings, unless

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the context otherwise requires:

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     (1) "Children and youths experiencing homelessness," for

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programs authorized under the McKinney-Vento Education Assistance

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for Homeless Children and Youths, 42 U.S.C. ss. 11431 et seq.,

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means children and youths who lack a fixed, regular, and adequate

69

nighttime residence, and includes:

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     (a) Children and youths who are sharing the housing of

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other persons due to loss of housing, economic hardship, or a

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similar reason; are living in motels, hotels, travel trailer

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parks, or camping grounds due to the lack of alternative adequate

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accommodations; are living in emergency or transitional shelters;

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are abandoned in hospitals; or are awaiting foster care

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placement.

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     (b) Children and youths who have a primary nighttime

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residence that is a public or private place not designed for or

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ordinarily used as a regular sleeping accommodation for human

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beings.

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     (c) Children and youths who are living in cars, parks,

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public spaces, abandoned buildings, bus or train stations, or

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similar settings.

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     (d) Migratory children who are living in circumstances

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described in paragraphs (a)-(c).

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     (2) "Continuum of care" means a community plan to organize

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and deliver housing and services to meet the specific needs of

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people who are homeless as they move to stable housing and

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maximum self-sufficiency. It includes action steps to end

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homelessness and prevent a return to homelessness.

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     (3) "Council on Homelessness" means the council created in

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s. 420.622.

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     (1) "AFDC" means Aid to Families with Dependent Children as

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administered under chapter 409.

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     (4)(2) "Department" means the Department of Children and

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Family Services.

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     (5)(3) "District" means a service district of the

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department of Children and Family Services, as set forth in s.

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20.19.

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     (6)(4) "Homeless," applied to an individual, or "individual

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experiencing homelessness" means "Homeless" refers to an

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individual who lacks a fixed, regular, and adequate nighttime

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residence and includes or an individual who has a primary

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nighttime residence that is:

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     (a) Is sharing the housing of other persons due to loss of

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housing, economic hardship, or a similar reason;

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     (b) Is living in a motel, hotel, travel trailer park, or

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camping ground due to a lack of alternative adequate

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accommodations;

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     (c) Is living in an emergency or transitional shelter; A

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supervised publicly or privately operated shelter designed to

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provide temporary living accommodations, including welfare

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hotels, congregate shelters, and transitional housing for the

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mentally ill;

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     (b) An institution that provides a temporary residence for

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individuals intended to be institutionalized; or

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     (d)(c) Has a primary nighttime residence that is a public

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or private place not designed for, or ordinarily used as, a

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regular sleeping accommodation for human beings;

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     (e) Is living in a car, park, public space, abandoned

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building, bus or train station, or similar setting; or

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     (f) Is a migratory individual who qualifies as homeless

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because he or she is living in circumstances described in

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paragraphs (a)-(e).

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The terms defined in this subsection do term does not refer to

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any individual imprisoned or otherwise detained pursuant to state

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or federal law. The terms also do not include individuals or

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families who are sharing housing due to cultural preferences,

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voluntary arrangements, and traditional networks of support. The

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terms include an individual who has been released from jail,

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prison, the juvenile justice system, the child welfare system, a

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mental health and developmental disability facility, a

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residential addiction treatment program, or a hospital, for whom

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no subsequent residence has been identified, and who lacks the

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resources and support network to obtain housing.

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     (7)(5) "Local coalition for the homeless" means a coalition

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established pursuant to s. 420.623.

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     (8)(6) "New and temporary homeless" means those individuals

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or families who are homeless due to societal external factors,

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such as unemployment or other loss of income, personal or family-

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life crises, or the shortage of low-income housing.

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     (9) "Societal causes of homelessness" means factors such as

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lack of housing for individuals and families with low incomes,

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lack of employment opportunities for those having a high school

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education or less, and lack of day care, transportation, and

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other institutional supports.

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     (10)(7) "State Office on Homelessness" means the state

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office created in s. 420.622 "Secretary" means the secretary of

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the Department of Children and Family Services.

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     Section 3.  Subsections (2) and (9) of section 420.622,

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Florida Statutes, are amended to read:

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     420.622  State Office on Homelessness; Council on

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Homelessness.--

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     (2)  The Council on Homelessness is created to consist of a

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17-member 15-member council of public and private agency

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representatives who shall develop policy and advise the State

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Office on Homelessness. The council members shall be: the

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Secretary of Children and Family Services, or his or her

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designee; the Secretary of Community Affairs, or his or her

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designee; the State Surgeon General, or his or her designee; the

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Executive Director of Veterans' Affairs, or his or her designee;

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the Secretary of Corrections, or his or her designee; the

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Secretary of Health Care Administration, or his or her designee;

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the Commissioner of Education, or his or her designee; the

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Director of Workforce Florida, Inc., or his or her designee; one

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representative of the Florida Association of Counties; one

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representative from the Florida League of Cities; one

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representative of the Florida Coalition for Supportive Housing

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Coalition; the Executive Director of the Florida Housing Finance

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Corporation, or his or her designee; one representative of the

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Florida Coalition for the Homeless; one representative of the

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Florida State Rural Development Council; and four members

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appointed by the Governor. The council members shall be

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volunteer, nonpaid persons and shall be reimbursed for travel

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expenses only. The appointed members of the council shall serve

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staggered 2-year terms, and the council shall meet at least four

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times per year. The importance of minority, gender, and

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geographic representation must be considered when appointing

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members to the council.

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     (9) The council shall, by June 30 December 31 of each year,

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beginning in 2008, issue to the Governor, the President of the

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Senate, the Speaker of the House of Representatives, and the

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Secretary of Children and Family Services an evaluation of the

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executive director's performance in fulfilling the statutory

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duties of the office, a report summarizing the council's

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recommendations to the office and the corresponding actions taken

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by the office, and any recommendations to the Legislature for

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proposals to reduce homelessness in this state.

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     Section 4.  Section 420.6275, Florida Statutes, is created

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to read:

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     420.6275 Housing First.--

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     (1) LEGISLATIVE FINDINGS AND INTENT.--

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     (a) The Legislature finds that many communities plan to

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manage homelessness rather than plan to end it.

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     (b) The Legislature also finds that for most of the past

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two decades, public and private solutions to homelessness have

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focused on providing individuals and families who are

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experiencing homelessness with emergency shelter, transitional

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housing, or a combination of both. While emergency shelter

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programs may provide critical access to services for individuals

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and families in crisis, they often fail to address the long-term

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needs of those who are homeless.

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     (c) The Legislature further finds that Housing First is an

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alternative approach to the current system of emergency shelter

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or transitional housing which tends to reduce the length of time

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of homelessness and has proven to be cost-effective to homeless

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programs.

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     (d) It is therefore the intent of the Legislature to

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encourage local coalitions for the homeless, established pursuant

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to s. 420.623, to adopt the Housing First approach to ending

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homelessness for individuals and families.

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     (2) HOUSING FIRST METHODOLOGY.--

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     (a) The Housing First approach to homelessness differs from

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traditional approaches by providing housing assistance, case

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management, and support services responsive to individual or

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family needs after housing is obtained. By using the Housing

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First approach when appropriate, communities can significantly

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reduce the amount of time that individuals and families are

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homeless and prevent further episodes of homelessness. Housing

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First emphasizes that social services provided to enhance

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individual and family well-being can be more effective when

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people are in their own home, and:

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     1. The housing is not time-limited.

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     2. The housing is not contingent on compliance with

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services. Instead, participants must comply with a standard lease

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agreement and are provided with the services and support that are

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necessary to help them do so successfully.

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     (b) The Housing First approach addresses the societal

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causes of homelessness and advocates for the immediate return of

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individuals and families back into housing and communities.

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Housing First provides a critical link between the emergency and

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transitional housing system and community-based social service,

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educational, and health care organizations and consists of four

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components:

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     1. Crisis intervention and short-term stabilization.

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     2. Screening, intake, and needs assessment.

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     3. Provision of housing resources.

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     4. Provision of case management.

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     Section 5.  Section 420.628, Florida Statutes, is created to

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read:

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     420.628 Children and young adults leaving foster care.--

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     (1) LEGISLATIVE FINDINGS AND INTENT.--

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     (a) The Legislature finds that the transition from

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childhood to adulthood is filled with opportunity and risk. Most

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young people who receive adequate support make this transition

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successfully and will become healthy adults who will be prepared

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for work and be able to become responsible, fulfilled members of

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their families and communities.

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     (b) The Legislature finds that there are also many young

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people who will enter adulthood without the knowledge, skills,

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attitudes, habits, and relationships that will enable them to be

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productive members of society. Those young people, who through no

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fault of their own, live in foster families, group homes, and

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institutions are among those at greatest risk.

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     (c) The Legislature finds that these young people face

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numerous barriers to a successful transition to adulthood. Those

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barriers include changes in foster care placements and schools,

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limited opportunities for participation in age-appropriate normal

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activities, and the inability to achieve economic stability, make

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connections with permanent supportive adults or family, and

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access housing. The main barriers to safe and affordable housing

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for youth who leave foster care due to age are cost, lack of

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availability, the unwillingness of many landlords to rent to

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them, and their own lack of knowledge about how to be good

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tenants.

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     (d) The Legislature also finds that young adults who

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emancipate from the child welfare system are at risk of becoming

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homeless and those who were formerly in foster care are

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disproportionately represented in the homeless population. Only

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about two-fifths of eligible young people receive independent

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living services and, of those who do, few receive adequate

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housing assistance. Without the stability of safe housing all

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other services, training, and opportunities may not be effective.

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     (e) The Legislature further finds that research on young

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people who emancipate from foster care suggests a nexus between

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foster care involvement and later episodes of homelessness and

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that interventions in the foster care system might help to

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prevent homelessness. Responding to the needs of young people

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leaving the foster care system with developmentally appropriate

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supportive housing models organized in a continuum of decreasing

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supervision may increase their ability to live independently in

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the future.

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     (f) It is therefore the intent of the Legislature to

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encourage the Department of Children and Family Services, its

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agents, and community-based care providers operating pursuant to

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s. 409.1671, to develop and implement procedures designed to

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reduce the number of young adults who become homeless after

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leaving the child welfare system.

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     (2) YOUTH HOUSING CONTINUUM PILOT PROGRAM.--Housing for

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young people is by nature transitional. Most young people in

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their late teens through mid-twenties are housed in college

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dormitories or shared or studio apartments or continue to live at

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home. Commonly, young people move through a number of such

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interim housing situations as they grow into adulthood. Many

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older teens and young adults who leave foster care at the age of

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18 do not have the opportunity for those usual transitions and as

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a result are at risk for becoming homeless.

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     (a) Creation of pilot program; eligibility.--There is

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created a 3-year Youth Housing Continuum Pilot Program in

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Hillsborough County. The purpose of the program is to support the

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development and implementation of a transitional living or

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subsidized independent living housing experience for those young

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people who leave foster care due to age and who will not have the

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option of remaining in a foster care family home or in a group

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home, to facilitate a smooth transition from foster home or group

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home living to independent living. The pilot program shall serve

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at least 100 young adults, and eligibility requirements shall

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include:

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     1. Young adults who turn 18 years of age while in licensed

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foster care and have been in foster care for at least 12 months

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prior to turning 18 years of age. The 12-month requirement shall

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be waived in circumstances where the requirements of s.

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39.701(6)(a)8. have not been met, no subsequent residence has

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been identified, and the young person lacks the resources and

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support network to obtain housing.

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     2. Priority shall be given to those young persons who are

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attending high school and can demonstrate either through

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documentation of school attendance or engagement in

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extracurricular activities that a displacement from school would

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have an adverse effect on their ability to achieve their

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educational goals.

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     3. Other participants shall be chosen based on their

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eligibility pursuant to s. 409.1451(2) and documented enrollment

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in a full-time adult educational or postsecondary educational or

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vocational program or a combination of employment and part-time

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enrollment in an educational program.

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     (b) Pilot program design.--There shall be a youth housing

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continuum that incorporates various types of housing without

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predetermined time limits to allow young adults to transition

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from one housing program to another according to their individual

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developmental capacities. Based upon the needs and preferences of

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a given young adult, such housing could take any number of forms

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from shared homes to scattered-site, independent apartments with

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or without roommates. Young adults should have the flexibility to

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move among housing programs as they gain independent living

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skills and economic stability, including the ability to reenter

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housing programs and move back along the continuum if their

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current needs or abilities change. The continuum in the pilot

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program will consist of the following three levels of decreasing

341

supervision:

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     1. Supervised living for young adults who have reached 18

343

years of age, but are not yet 24 years of age, who cannot

344

adequately manage their affairs and need constant, consistent

345

adult supervision, training, and support. Each participant shall

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have his or her own bedroom and bathroom and share a common

347

living area.

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     2. Monitored living for young adults who have reached 18

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years of age, but are not yet 24 years of age, who can typically

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manage their own affairs but need regular adult monitoring.

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Housing will be provided in scattered sites throughout the

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community with support staff working regularly with participants

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to address their educational, employment, and financial stability

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goals. Each participant shall have his or her own bedroom and

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bathroom and share an apartment with one to three roommates.

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     3. Independent living for young adults who have the ability

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to live on their own with access to support services as needed.

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     (c) Pilot program administration; duties;

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report.--Connected by 25 in Hillsborough County shall provide

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administrative support for and shall be responsible for the

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operation for the Youth Housing Continuum Pilot Program.

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Connected by 25 shall:

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     1. Create and implement a transitional housing continuum in

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which young persons who meet the eligibility criteria of this

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subsection will receive support while participating in an

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educational or training program, or any activity consistent with

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their independent living transitional services case plan.

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     2. Provide each program participant with a transition and

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aftercare specialist to provide transitional support services.

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Each participant, in partnership with the transition and

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aftercare specialist, shall develop a transition plan that is

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specific to his or her efforts to achieve self-sufficiency.

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     3. Require that each participant complete a comprehensive

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financial literacy and asset-development training program and be

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enrolled in the Connected by 25 match savings program that uses

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private dollars to match, on a one-to-one basis, the savings of

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each participant up to $1,000 each year. This requirement will

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prepare program participants for economic success as they leave

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the foster care system due to age.

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     (d) Annual reports.--Beginning January 1, 2008, and

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continuing for the duration of the pilot program, Connected by 25

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shall submit to the Governor, the Speaker of the House of

383

Representatives, the President of the Senate, and the Secretary

384

of Children and Family Services an annual report outlining the

385

progress made in the development and implementation of the pilot

386

program, including documentation of the outcomes for the

387

participants in the areas identified by the Independent Living

388

Services Advisory Council pursuant to s. 409.1451, and

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recommendations for pilot program improvement and expansion.

390

     Section 6.  Subsection (12) of section 1003.01, Florida

391

Statutes, is amended to read:

392

     1003.01  Definitions.--As used in this chapter, the term:

393

     (12) "Children and youths who are experiencing

394

homelessness," for programs authorized under subtitle B,

395

Education for Homeless Children and Youths, of title VII of the

396

McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et

397

seq., means children and youths who lack a fixed, regular, and

398

adequate nighttime residence; and includes:

399

     (a) Children and youths who are sharing the housing of

400

other persons due to loss of housing, economic hardship, or a

401

similar reason; are living in motels, hotels, travel trailer

402

parks, or camping grounds due to the lack of alternative adequate

403

accommodations; are living in emergency or transitional shelters;

404

are abandoned in hospitals; or are awaiting foster care

405

placement.

406

     (b) Children and youths who have a primary nighttime

407

residence that is a public or private place not designed for or

408

ordinarily used as a regular sleeping accommodation for human

409

beings.

410

     (c) Children and youths who are living in cars, parks,

411

public spaces, abandoned buildings, bus or train stations, or

412

similar settings.

413

     (d) Migratory children who are living in circumstances

414

described in paragraphs (a)-(c).

415

     (12) "Homeless child" means:

416

     (a) One who lacks a fixed, regular nighttime residence;

417

     (b) One who has a primary nighttime residence that is:

418

     1. A supervised publicly or privately operated shelter

419

designed to provide temporary living accommodations, including

420

welfare hotels, congregate shelters, and transitional housing for

421

the mentally ill;

422

     2. An institution that provides a temporary residence for

423

individuals intended to be institutionalized; or

424

     3. A public or private place not designed for, or

425

ordinarily used as, a regular sleeping accommodation for human

426

beings; or

427

     (c) One who temporarily resides with an adult other than

428

his or her parent because the parent is suffering financial

429

hardship.

430

431

A child who is imprisoned, detained, or in the custody of the

432

state pursuant to a state or federal law is not a homeless child.

433

     Section 7.  Paragraph (f) of subsection (1) and paragraph

434

(g) of subsection (4) of section 1003.21, Florida Statutes, are

435

amended to read:

436

     1003.21  School attendance.--

437

     (1)

438

     (f) Children and youths who are experiencing homelessness

439

Homeless children, as defined in s. 1003.01, must have access to

440

a free public education and must be admitted to school in the

441

school district in which they or their families live. School

442

districts shall assist such homeless children to meet the

443

requirements of subsection (4) and s. 1003.22, as well as local

444

requirements for documentation.

445

     (4)  Before admitting a child to kindergarten, the principal

446

shall require evidence that the child has attained the age at

447

which he or she should be admitted in accordance with the

448

provisions of subparagraph (1)(a)2. The district school

449

superintendent may require evidence of the age of any child whom

450

he or she believes to be within the limits of compulsory

451

attendance as provided for by law. If the first prescribed

452

evidence is not available, the next evidence obtainable in the

453

order set forth below shall be accepted:

454

     (g)  If none of these evidences can be produced, an

455

affidavit of age sworn to by the parent, accompanied by a

456

certificate of age signed by a public health officer or by a

457

public school physician, or, if neither of these is available in

458

the county, by a licensed practicing physician designated by the

459

district school board, which certificate states that the health

460

officer or physician has examined the child and believes that the

461

age as stated in the affidavit is substantially correct. Children

462

and youths who are experiencing homelessness A homeless child, as

463

defined in s. 1003.01, shall be given temporary exemption from

464

this section for 30 school days.

465

     Section 8.  Subsection (1) and paragraph (e) of subsection

466

(5) of section 1003.22, Florida Statutes, are amended to read:

467

     1003.22  School-entry health examinations; immunization

468

against communicable diseases; exemptions; duties of Department

469

of Health.--

470

     (1)  Each district school board and the governing authority

471

of each private school shall require that each child who is

472

entitled to admittance to kindergarten, or is entitled to any

473

other initial entrance into a public or private school in this

474

state, present a certification of a school-entry health

475

examination performed within 1 year prior to enrollment in

476

school. Each district school board, and the governing authority

477

of each private school, may establish a policy that permits a

478

student up to 30 school days to present a certification of a

479

school-entry health examination. Children and youths who are

480

experiencing homelessness A homeless child, as defined in s.

481

1003.01, shall be given a temporary exemption for 30 school days.

482

Any district school board that establishes such a policy shall

483

include provisions in its local school health services plan to

484

assist students in obtaining the health examinations. However,

485

any child shall be exempt from the requirement of a health

486

examination upon written request of the parent of the child

487

stating objections to the examination on religious grounds.

488

     (5)  The provisions of this section shall not apply if:

489

     (e)  An authorized school official issues a temporary

490

exemption, for a period not to exceed 30 school days, to permit a

491

student who transfers into a new county to attend class until his

492

or her records can be obtained. Children and youths who are

493

experiencing homelessness A homeless child, as defined in s.

494

1003.01, shall be given a temporary exemption for 30 school days.

495

The public school health nurse or authorized private school

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official is responsible for followup of each such student until

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proper documentation or immunizations are obtained. An exemption

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for 30 days may be issued for a student who enters a juvenile

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justice program to permit the student to attend class until his

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or her records can be obtained or until the immunizations can be

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obtained. An authorized juvenile justice official is responsible

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for followup of each student who enters a juvenile justice

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program until proper documentation or immunizations are obtained.

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     Section 9. The sum of $250,000 in nonrecurring funds is

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appropriated from the General Revenue Fund to the Department of

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Children and Family Services for the purposes of implementing

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section 420.628, Florida Statutes, during the 2008-2009 fiscal

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year.

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     Section 10.  This act shall take effect July 1, 2008.