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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.; revising, providing, and deleting definitions;

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amending s. 420.622, F.S.; increasing and revising

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membership on the Council on Homelessness; removing a

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member from an obsolete organization; correcting the name

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of a member organization on the council; revising the date

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of an annual report; creating s. 420.6275, F.S.; creating

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the Housing First program; providing legislative findings

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and intent; providing methodology; providing components of

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

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legislative findings and intent relating to young adults

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leaving foster care; amending s. 1003.01, F.S.; revising a

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definition; amending ss. 1003.21 and 1003.22, F.S.;

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conforming terminology; 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

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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. 420.621 420.621(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. 420.621-420.627.--As used in ss.

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420.621-420.628 420.621-420.627, the term following terms shall

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have the following meanings, unless the context otherwise

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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

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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 do term does not refer to an any individual imprisoned

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or otherwise detained pursuant to state or federal law or to

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individuals or families who are sharing housing due to cultural

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preferences, voluntary arrangements, and traditional networks of

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support. The terms include an individual who has been released

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from jail, prison, the juvenile justice system, the child welfare

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system, a 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)(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, to advise the council on issues related to rural

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

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the Executive Director of Veterans' Affairs, or his or her

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

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the Secretary of Health Care Administration, or his or her

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

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

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one 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 2009, 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.

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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 this approach

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when appropriate, communities can significantly reduce the amount

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of time that individuals and families are homeless and prevent

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further episodes of homelessness. Housing First emphasizes that

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social services provided to enhance individual and family well-

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being can be more effective when people are in their own home,

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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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     3. A background check and any rehabilitation necessary to

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combat an addiction related to alcoholism or substance abuse has

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been completed by the individual for whom assistance or support

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services have been provided.

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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 Young adults leaving foster care; legislative

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findings.--

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     (1) 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 become healthy adults who are prepared for work

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and are able to become responsible, fulfilled members of their

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families and communities.

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

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people who enter adulthood without the knowledge, skills,

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attitudes, habits, and relationships that 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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     (3) 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

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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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     (4) 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 other

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services, training, and opportunities may not be effective.

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     (5) 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.

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

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Statutes, is amended to read:

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

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     (12) "Children and youths who are experiencing

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homelessness," for programs authorized under subtitle B,

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

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

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

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adequate 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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     (12) "Homeless child" means:

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

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

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     1. A supervised publicly or privately operated shelter

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designed to provide temporary living accommodations, including

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welfare hotels, congregate shelters, and transitional housing for

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the mentally ill;

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     2. An institution that provides a temporary residence for

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individuals intended to be institutionalized; or

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     3. 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; or

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

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his or her parent because the parent is suffering financial

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hardship.

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

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

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

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

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amended to read:

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     1003.21  School attendance.--

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     (1)

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     (f) Children and youths who are experiencing homelessness

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

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

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school district in which they or their families live. School

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districts shall assist such homeless children to meet the

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

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requirements for documentation.

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

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shall require evidence that the child has attained the age at

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which he or she should be admitted in accordance with the

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

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superintendent may require evidence of the age of any child whom

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he or she believes to be within the limits of compulsory

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attendance as provided for by law. If the first prescribed

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evidence is not available, the next evidence obtainable in the

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order set forth below shall be accepted:

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

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

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

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public school physician, or, if neither of these are not is

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available in the county, by a licensed practicing physician

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designated by the district school board, which certificate states

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that the health officer or physician has examined the child and

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believes that the age as stated in the affidavit is substantially

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correct. Children and youths who are experiencing homelessness A

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homeless child, as defined in s. 1003.01, shall be given

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temporary exemption from this section for 30 school days.

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

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

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     1003.22  School-entry health examinations; immunization

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against communicable diseases; exemptions; duties of Department

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of Health.--

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     (1)  Each district school board and the governing authority

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of each private school shall require that each child who is

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entitled to admittance to kindergarten, or is entitled to any

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other initial entrance into a public or private school in this

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state, present a certification of a school-entry health

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examination performed within 1 year prior to enrollment in

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school. Each district school board, and the governing authority

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

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

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school-entry health examination. Children and youths who are

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experiencing homelessness A homeless child, as defined in s.

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

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Any district school board that establishes such a policy shall

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include provisions in its local school health services plan to

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assist students in obtaining the health examinations. However, a

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any child shall be exempt from the requirement of a health

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examination upon written request of the parent of the child

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stating objections to the examination on religious grounds.

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

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     (e)  An authorized school official issues a temporary

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

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permit a student who transfers into a new county to attend class

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until his or her records can be obtained. Children and youths who

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are experiencing homelessness A homeless child, as defined in s.

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

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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.  This act shall take effect July 1, 2008.