Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1500
       
       
       
       
       
       
                                Ì862688_Î862688                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2015           .                                
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       The Committee on Children, Families, and Elder Affairs (Ring)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 420.5087, Florida
    6  Statutes, is amended to read:
    7         420.5087 State Apartment Incentive Loan Program.—There is
    8  hereby created the State Apartment Incentive Loan Program for
    9  the purpose of providing first, second, or other subordinated
   10  mortgage loans or loan guarantees to sponsors, including for
   11  profit, nonprofit, and public entities, to provide housing
   12  affordable to very-low-income persons.
   13         (3) During the first 6 months of loan or loan guarantee
   14  availability, program funds shall be reserved for use by
   15  sponsors who provide the housing set-aside required in
   16  subsection (2) for the tenant groups designated in this
   17  subsection. The reservation of funds to each of these groups
   18  shall be determined using the most recent statewide very-low
   19  income rental housing market study available at the time of
   20  publication of each notice of fund availability required by
   21  paragraph (6)(b). The reservation of funds within each notice of
   22  fund availability to the tenant groups specified in this
   23  subsection must be at least in paragraphs (a), (b), and (e) may
   24  not be less than 10 percent of the funds available at that time.
   25  Any increase in funding required to reach the 10-percent minimum
   26  must be taken from the tenant group that has the largest
   27  reservation. The reservation of funds within each notice of fund
   28  availability to the tenant group in paragraph (c) may not be
   29  less than 5 percent of the funds available at that time. The
   30  reservation of funds within each notice of fund availability to
   31  the tenant group in paragraph (d) may not be more than 10
   32  percent of the funds available at that time. The tenant groups
   33  are:
   34         (a) Commercial fishing workers and farmworkers;
   35         (b) Families;
   36         (c) Persons who are homeless;
   37         (d) Persons with special needs; and
   38         (e) Elderly persons. Ten percent of the amount reserved for
   39  the elderly shall be reserved to provide loans to sponsors of
   40  housing for the elderly for the purpose of making building
   41  preservation, health, or sanitation repairs or improvements
   42  which are required by federal, state, or local regulation or
   43  code, or lifesafety or security-related repairs or improvements
   44  to such housing. Such a loan may not exceed $750,000 per housing
   45  community for the elderly. In order to receive the loan, the
   46  sponsor of the housing community must make a commitment to match
   47  at least 5 percent of the loan amount to pay the cost of such
   48  repair or improvement. The corporation shall establish the rate
   49  of interest on the loan, which may not exceed 3 percent, and the
   50  term of the loan, which may not exceed 15 years; however, if the
   51  lien of the corporation’s encumbrance is subordinate to the lien
   52  of another mortgagee, then the term may be made coterminous with
   53  the longest term of the superior lien. The term of the loan
   54  shall be based on a credit analysis of the applicant. The
   55  corporation may forgive indebtedness for a share of the loan
   56  attributable to the units in a project reserved for extremely
   57  low-income elderly by nonprofit organizations, as defined in s.
   58  420.0004(5), where the project has provided affordable housing
   59  to the elderly for 15 years or more. The corporation shall
   60  establish, by rule, the procedure and criteria for receiving,
   61  evaluating, and competitively ranking all applications for loans
   62  under this paragraph. A loan application must include evidence
   63  of the first mortgagee’s having reviewed and approved the
   64  sponsor’s intent to apply for a loan. A nonprofit organization
   65  or sponsor may not use the proceeds of the loan to pay for
   66  administrative costs, routine maintenance, or new construction.
   67         Section 2. Paragraphs (a) and (b) of subsection (3) and
   68  subsections (4), (5), and (6) of section 420.622, Florida
   69  Statutes, are amended to read:
   70         420.622 State Office on Homelessness; Council on
   71  Homelessness.—
   72         (3) The State Office on Homelessness, pursuant to the
   73  policies set by the council and subject to the availability of
   74  funding, shall:
   75         (a) Coordinate among state, local, and private agencies and
   76  providers to produce a statewide consolidated inventory program
   77  and financial plan for the state’s entire system of homeless
   78  programs which incorporates regionally developed plans. Such
   79  programs include, but are not limited to:
   80         1. Programs authorized under the Stewart B. McKinney
   81  Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq.,
   82  and carried out under funds awarded to this state; and
   83         2. Programs, components thereof, or activities that assist
   84  persons who are homeless or at risk for homelessness.
   85         (b) Collect, maintain, and make available information
   86  concerning persons who are homeless or at risk for homelessness,
   87  including demographics information, current services and
   88  resources available, the cost and availability of services and
   89  programs, and the met and unmet needs of this population. All
   90  entities that receive state funding must provide access to all
   91  data they maintain in summary form, with no individual
   92  identifying information, to assist the council in providing this
   93  information. The State Office of Homelessness shall establish a
   94  task force to make recommendations regarding the implementation
   95  of a statewide Homeless Management Information System (HMIS).
   96  The task force shall define the conceptual framework of such a
   97  system; study existing statewide HMIS models; establish an
   98  inventory of local HMIS systems, including providers and license
   99  capacity; examine the aggregated reporting being provided by
  100  local continuums of care; complete an analysis of current
  101  continuum of care resources; and provide recommendations on the
  102  costs and benefits of implementing a statewide HMIS. The task
  103  force shall also make recommendations regarding the development
  104  of a statewide, centralized coordinated assessment system in
  105  conjunction with the implementation of a statewide HMIS. The
  106  task force findings must be reported to the Council on
  107  Homelessness no later than December 31, 2015. The council shall
  108  explore the potential of creating a statewide Management
  109  Information System (MIS), encouraging the future participation
  110  of any bodies that are receiving awards or grants from the
  111  state, if such a system were adopted, enacted, and accepted by
  112  the state.
  113         (4) The State Office on Homelessness, with the concurrence
  114  of the Council on Homelessness, shall may accept and administer
  115  moneys appropriated to it to provide annual “Challenge Grants”
  116  to lead agencies of homeless assistance continuums of care
  117  designated by the State Office on Homelessness pursuant to s.
  118  420.624. The department shall establish varying levels of grant
  119  awards up to $500,000 per lead agency. Award levels shall be
  120  based upon the total population within the continuum of care
  121  catchment area and reflect the differing degrees of homelessness
  122  in the catchment planning areas. The department, in consultation
  123  with the Council on Homelessness, shall specify a grant award
  124  level in the notice of the solicitation of grant applications.
  125         (a) To qualify for the grant, a lead agency must develop
  126  and implement a local homeless assistance continuum of care plan
  127  for its designated catchment area. The continuum of care plan
  128  must implement a coordinated assessment or central intake system
  129  to screen, assess, and refer persons seeking assistance to the
  130  appropriate service provider. The lead agency shall also
  131  document the commitment of local government and private
  132  organizations to provide matching funds or in-kind support in an
  133  amount equal to the grant requested. Expenditures of leveraged
  134  funds or resources, including third-party cash or in-kind
  135  contributions, are permitted only for eligible activities
  136  committed on one project which have not been used as leverage or
  137  match for any other project or program and must be certified
  138  through a written commitment.
  139         (b) Preference must be given to those lead agencies that
  140  have demonstrated the ability of their continuum of care to
  141  provide quality services to homeless persons and the ability to
  142  leverage federal homeless-assistance funding under the Stewart
  143  B. McKinney Act with local government and private funding for
  144  the provision of services to homeless persons.
  145         (c) Preference must be given to lead agencies in catchment
  146  areas with the greatest need for the provision of housing and
  147  services to the homeless, relative to the population of the
  148  catchment area.
  149         (d) The grant may be used to fund any of the housing,
  150  program, or service needs included in the local homeless
  151  assistance continuum of care plan. The lead agency may allocate
  152  the grant to programs, services, or housing providers that
  153  implement the local homeless assistance continuum care plan. The
  154  lead agency may provide subgrants to a local agency to implement
  155  programs or services or provide housing identified for funding
  156  in the lead agency’s application to the department. A lead
  157  agency may spend a maximum of 8 percent of its funding on
  158  administrative costs.
  159         (e) The lead agency shall submit a final report to the
  160  department documenting the outcomes achieved by the grant in
  161  enabling persons who are homeless to return to permanent housing
  162  thereby ending such person’s episode of homelessness.
  163         (5) The State Office on Homelessness, with the concurrence
  164  of the Council on Homelessness, may administer moneys
  165  appropriated to it to provide homeless housing assistance grants
  166  annually to lead agencies for local homeless assistance
  167  continuum of care, as recognized by the State Office on
  168  Homelessness, to acquire, construct, or rehabilitate
  169  transitional or permanent housing units for homeless persons.
  170  These moneys shall consist of any sums that the state may
  171  appropriate, as well as money received from donations, gifts,
  172  bequests, or otherwise from any public or private source, which
  173  are intended to acquire, construct, or rehabilitate transitional
  174  or permanent housing units for homeless persons.
  175         (a) Grant applicants shall be ranked competitively.
  176  Preference must be given to applicants who leverage additional
  177  private funds and public funds, particularly federal funds
  178  designated for the acquisition, construction, or rehabilitation
  179  of transitional or permanent housing for homeless persons; who
  180  acquire, build, or rehabilitate the greatest number of units; or
  181  and who acquire, build, or rehabilitate in catchment areas
  182  having the greatest need for housing for the homeless relative
  183  to the population of the catchment area.
  184         (b) Funding for any particular project may not exceed
  185  $750,000.
  186         (c) Projects must reserve, for a minimum of 10 years, the
  187  number of units acquired, constructed, or rehabilitated through
  188  homeless housing assistance grant funding to serve persons who
  189  are homeless at the time they assume tenancy.
  190         (d) No more than two grants may be awarded annually in any
  191  given local homeless assistance continuum of care catchment
  192  area.
  193         (e) A project may not be funded which is not included in
  194  the local homeless assistance continuum of care plan, as
  195  recognized by the State Office on Homelessness, for the
  196  catchment area in which the project is located.
  197         (f) The maximum percentage of funds that the State Office
  198  on Homelessness and each applicant may spend on administrative
  199  costs is 5 percent.
  200         (6) The State Office on Homelessness, in conjunction with
  201  the Council on Homelessness, shall establish performance
  202  measures and specific objectives by which it may to evaluate the
  203  effective performance and outcomes of lead agencies that receive
  204  grant funds. Any funding through the State Office on
  205  Homelessness shall be distributed to lead agencies based on
  206  their overall performance and their achievement of specified
  207  objectives. Each lead agency for which grants are made under
  208  this section shall provide the State Office on Homelessness a
  209  thorough evaluation of the effectiveness of the program in
  210  achieving its stated purpose. In evaluating the performance of
  211  the lead agencies, the State Office on Homelessness shall base
  212  its criteria upon the program objectives, goals, and priorities
  213  that were set forth by the lead agencies in their proposals for
  214  funding. Such criteria may include, but not be limited to, the
  215  number of persons or households that are no longer homeless, the
  216  rate of recidivism to homelessness, and the number of persons
  217  who obtain gainful employment homeless individuals provided
  218  shelter, food, counseling, and job training.
  219         Section 3. Subsections (3), (7), and (8) of section
  220  420.624, Florida Statutes, are amended to read:
  221         420.624 Local homeless assistance continuum of care.—
  222         (3) Communities or regions seeking to implement a local
  223  homeless assistance continuum of care are encouraged to develop
  224  and annually update a written plan that includes a vision for
  225  the continuum of care, an assessment of the supply of and demand
  226  for housing and services for the homeless population, and
  227  specific strategies and processes for providing the components
  228  of the continuum of care. The State Office on Homelessness, in
  229  conjunction with the Council on Homelessness, shall include in
  230  the plan a methodology for assessing performance and outcomes.
  231  The State Office on Homelessness shall supply a standardized
  232  format for written plans, including the reporting of data.
  233         (7) The components of a continuum of care plan should
  234  include:
  235         (a) Outreach, intake, and assessment procedures in order to
  236  identify the service and housing needs of an individual or
  237  family and to link them with appropriate housing, services,
  238  resources, and opportunities;
  239         (b) Emergency shelter, in order to provide a safe, decent
  240  alternative to living in the streets;
  241         (c) Transitional housing;
  242         (d) Supportive services, designed to assist with the
  243  development of the skills necessary to secure and retain
  244  permanent housing;
  245         (e) Permanent supportive housing;
  246         (f) Rapid ReHousing, as specified in s. 420.6265;
  247         (g)(f) Permanent housing;
  248         (h)(g) Linkages and referral mechanisms among all
  249  components to facilitate the movement of individuals and
  250  families toward permanent housing and self-sufficiency;
  251         (i)(h) Services and resources to prevent housed persons
  252  from becoming or returning to homelessness; and
  253         (j)(i) An ongoing planning mechanism to address the needs
  254  of all subgroups of the homeless population, including but not
  255  limited to:
  256         1. Single adult males;
  257         2. Single adult females;
  258         3. Families with children;
  259         4. Families with no children;
  260         5. Unaccompanied children and youth;
  261         6. Elderly persons;
  262         7. Persons with drug or alcohol addictions;
  263         8. Persons with mental illness;
  264         9. Persons with dual or multiple physical or mental
  265  disorders;
  266         10. Victims of domestic violence; and
  267         11. Persons living with HIV/AIDS.
  268         (8) Continuum of care plans must promote participation by
  269  all interested individuals and organizations and may not exclude
  270  individuals and organizations on the basis of race, color,
  271  national origin, sex, handicap, familial status, or religion.
  272  Faith-based organizations must be encouraged to participate. To
  273  the extent possible, these components shall should be
  274  coordinated and integrated with other mainstream health, social
  275  services, and employment programs for which homeless populations
  276  may be eligible, including Medicaid, State Children’s Health
  277  Insurance Program, Temporary Assistance for Needy Families, Food
  278  Assistance Program, and services funded through the Mental
  279  Health and Substance Abuse Block Grant, the Workforce Investment
  280  Act, and the welfare-to-work grant program.
  281         Section 4. Section 420.6265, Florida Statutes, is created
  282  to read:
  283         420.6265 Rapid ReHousing.—
  284         (1) LEGISLATIVE FINDINGS AND INTENT.—
  285         (a) The Legislature finds that Rapid ReHousing is a
  286  strategy of using temporary financial assistance and case
  287  management to quickly move an individual or family out of
  288  homelessness and into permanent housing.
  289         (b) The Legislature also finds that, for most of the past
  290  two decades, public and private solutions to homelessness have
  291  focused on providing individuals and families who are
  292  experiencing homelessness with emergency shelter, transitional
  293  housing, or a combination of both. While emergency shelter and
  294  transitional housing programs may provide critical access to
  295  services for individuals and families in crisis, they often fail
  296  to address their long-term needs.
  297         (c) The Legislature further finds that most households
  298  become homeless as a result of a financial crisis that prevents
  299  individuals and families from paying rent or a domestic conflict
  300  that results in one member being ejected or leaving without
  301  resources or a plan for housing.
  302         (d) The Legislature further finds that Rapid ReHousing is
  303  an alternative approach to the current system of emergency
  304  shelter or transitional housing which tends to reduce the length
  305  of time of homelessness and has proven to be cost effective.
  306         (e) It is therefore the intent of the Legislature to
  307  encourage homeless continuums of care to adopt the Rapid
  308  ReHousing approach to preventing homelessness for individuals
  309  and families who do not require the intense level of supports
  310  provided in the Permanent Supportive Housing model.
  311         (2) RAPID REHOUSING METHODOLOGY.—
  312         (a) The Rapid ReHousing approach to homelessness differs
  313  from traditional approaches to addressing homelessness by
  314  focusing on each individual’s or family’s barriers to returning
  315  to housing. By using this approach, communities can
  316  significantly reduce the amount of time that individuals and
  317  families are homeless and prevent further episodes of
  318  homelessness.
  319         (b) In Rapid ReHousing, an individual or family is
  320  identified as being homeless, temporary assistance is provided
  321  to allow the individual or family to obtain permanent housing as
  322  quickly as possible, and, if needed, assistance is provided to
  323  allow the individual or family to retain housing.
  324         (c) The objective of Rapid ReHousing is to provide
  325  assistance for as short a term as possible so that the
  326  individual or family receiving assistance does not develop a
  327  dependency on the assistance.
  328         Section 5. Paragraph (26) of section 420.9071, Florida
  329  Statutes, is amended to read:
  330         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  331  term:
  332         (26) “Rent subsidies” means ongoing monthly rental
  333  assistance. The term does not include initial assistance to
  334  tenants, such as grants or loans for security and utility
  335  deposits.
  336         Section 6. Subsection (7) of section 420.9072, Florida
  337  Statutes, is amended, present subsections (8) and (9) of that
  338  section are redesignated as subsections (9) and (10),
  339  respectively, and a new subsection (8) is added to that section,
  340  to read:
  341         420.9072 State Housing Initiatives Partnership Program.—The
  342  State Housing Initiatives Partnership Program is created for the
  343  purpose of providing funds to counties and eligible
  344  municipalities as an incentive for the creation of local housing
  345  partnerships, to expand production of and preserve affordable
  346  housing, to further the housing element of the local government
  347  comprehensive plan specific to affordable housing, and to
  348  increase housing-related employment.
  349         (7) A county or an eligible municipality must expend its
  350  portion of the local housing distribution only to implement a
  351  local housing assistance plan or as provided in this subsection.
  352  A county or an eligible municipality may not expend its portion
  353  of the local housing distribution to provide rent subsidies;
  354  however, this does not prohibit the use of funds for security
  355  and utility deposit assistance.
  356         (8)A county or an eligible municipality may not expend its
  357  portion of the local housing distribution to provide ongoing
  358  rent subsidies, except for:
  359         (a)Security and utility deposit assistance.
  360         (b)Eviction prevention not to exceed 6 months’ rent.
  361         (c)A rent subsidy program for very-low-income households
  362  with at least one adult who is a person with special needs as
  363  defined in s. 420.0004 or homeless as defined in s 420.621. The
  364  period of rental assistance may not exceed 24 months for any
  365  eligible household.
  366         (9)(8) Funds distributed under this program may not be
  367  pledged to pay the debt service on any bonds.
  368         (10)(9) The corporation shall adopt rules necessary to
  369  implement ss. 420.907-420.9079.
  370         Section 7. Present subsections (5) through (7) of section
  371  420.9073, Florida Statutes, are redesignated as subsections (6)
  372  through (8), and a new subsection (5) is added to that section,
  373  to read:
  374         420.9073 Local housing distributions.—
  375         (5) Notwithstanding subsections (1) through (4), the
  376  corporation shall first distribute 4 percent of the total amount
  377  to be distributed in a given fiscal year from the Local
  378  Government Housing Trust Fund to the Department of Children and
  379  Families and the Department of Economic Opportunity as follows:
  380         (a) The Department of Children and Families shall receive
  381  95 percent of such amount to provide operating funds and other
  382  support to the designated lead agency in each continuum of care
  383  for the benefit of the designated catchment area as described in
  384  s. 420.624.
  385         (b) The Department of Economic Opportunity shall receive 5
  386  percent of such amount to provide training and technical
  387  assistance to lead agencies receiving operating funds and other
  388  support under paragraph (a) in accordance with s. 420.606(3).
  389  Training and technical assistance funded by this distribution
  390  shall be provided by a nonprofit entity that meets the
  391  requirements of s. 420.531.
  392         Section 8. Paragraph (a) of subsection (2) of section
  393  420.9075, Florida Statutes, is amended, paragraph (f) is added
  394  to subsection (3), subsection (5) of that section is amended,
  395  and paragraph (i) is added to subsection (10) of that section,
  396  to read:
  397         420.9075 Local housing assistance plans; partnerships.—
  398         (2)(a) Each county and each eligible municipality
  399  participating in the State Housing Initiatives Partnership
  400  Program shall encourage the involvement of appropriate public
  401  sector and private sector entities as partners in order to
  402  combine resources to reduce housing costs for the targeted
  403  population. This partnership process should involve:
  404         1. Lending institutions.
  405         2. Housing builders and developers.
  406         3. Nonprofit and other community-based housing and service
  407  organizations.
  408         4. Providers of professional services relating to
  409  affordable housing.
  410         5. Advocates for low-income persons, including, but not
  411  limited to, homeless people, the elderly, and migrant
  412  farmworkers.
  413         6. Real estate professionals.
  414         7. Other persons or entities who can assist in providing
  415  housing or related support services.
  416         8. Lead agencies of local homeless assistance continuums of
  417  care.
  418         (3)
  419         (f) Each county and each eligible municipality is
  420  encouraged to develop a strategy within its local housing
  421  assistance plan which provides program funds for reducing
  422  homelessness.
  423         (5) The following criteria apply to awards made to eligible
  424  sponsors or eligible persons for the purpose of providing
  425  eligible housing:
  426         (a) At least 65 percent of the funds made available in each
  427  county and eligible municipality from the local housing
  428  distribution must be reserved for home ownership for eligible
  429  persons.
  430         (a)(b) At least 75 percent of the funds made available in
  431  each county and eligible municipality from the local housing
  432  distribution must be reserved for construction, rehabilitation,
  433  or emergency repair of affordable, eligible housing.
  434         (b)(c) Not more than 20 percent of the funds made available
  435  in each county and eligible municipality from the local housing
  436  distribution may be used for manufactured housing.
  437         (c)(d) The sales price or value of new or existing eligible
  438  housing may not exceed 90 percent of the average area purchase
  439  price in the statistical area in which the eligible housing is
  440  located. Such average area purchase price may be that calculated
  441  for any 12-month period beginning not earlier than the fourth
  442  calendar year prior to the year in which the award occurs or as
  443  otherwise established by the United States Department of the
  444  Treasury.
  445         (d)(e)1. All units constructed, rehabilitated, or otherwise
  446  assisted with the funds provided from the local housing
  447  assistance trust fund must be occupied by very-low-income
  448  persons, low-income persons, and moderate-income persons except
  449  as otherwise provided in this section.
  450         2. At least 30 percent of the funds deposited into the
  451  local housing assistance trust fund must be reserved for awards
  452  to very-low-income persons or eligible sponsors who will serve
  453  very-low-income persons and at least an additional 30 percent of
  454  the funds deposited into the local housing assistance trust fund
  455  must be reserved for awards to low-income persons or eligible
  456  sponsors who will serve low-income persons. This subparagraph
  457  does not apply to a county or an eligible municipality that
  458  includes, or has included within the previous 5 years, an area
  459  of critical state concern designated or ratified by the
  460  Legislature for which the Legislature has declared its intent to
  461  provide affordable housing. The exemption created by this act
  462  expires on July 1, 2013, and shall apply retroactively.
  463         (e)(f) Loans shall be provided for periods not exceeding 30
  464  years, except for deferred payment loans or loans that extend
  465  beyond 30 years which continue to serve eligible persons.
  466         (f)(g) Loans or grants for eligible rental housing
  467  constructed, rehabilitated, or otherwise assisted from the local
  468  housing assistance trust fund must be subject to recapture
  469  requirements as provided by the county or eligible municipality
  470  in its local housing assistance plan unless reserved for
  471  eligible persons for 15 years or the term of the assistance,
  472  whichever period is longer. Eligible sponsors that offer rental
  473  housing for sale before 15 years or that have remaining
  474  mortgages funded under this program must give a first right of
  475  refusal to eligible nonprofit organizations for purchase at the
  476  current market value for continued occupancy by eligible
  477  persons.
  478         (g)(h) Loans or grants for eligible owner-occupied housing
  479  constructed, rehabilitated, or otherwise assisted from proceeds
  480  provided from the local housing assistance trust fund shall be
  481  subject to recapture requirements as provided by the county or
  482  eligible municipality in its local housing assistance plan.
  483         (h)(i) The total amount of monthly mortgage payments or the
  484  amount of monthly rent charged by the eligible sponsor or her or
  485  his designee must be made affordable.
  486         (i)(j) The maximum sales price or value per unit and the
  487  maximum award per unit for eligible housing benefiting from
  488  awards made pursuant to this section must be established in the
  489  local housing assistance plan.
  490         (j)(k) The benefit of assistance provided through the State
  491  Housing Initiatives Partnership Program must accrue to eligible
  492  persons occupying eligible housing. This provision shall not be
  493  construed to prohibit use of the local housing distribution
  494  funds for a mixed income rental development.
  495         (k)(l) Funds from the local housing distribution not used
  496  to meet the criteria established in paragraph (a) or paragraph
  497  (b) or not used for the administration of a local housing
  498  assistance plan must be used for housing production and finance
  499  activities, including, but not limited to, financing
  500  preconstruction activities or the purchase of existing units,
  501  providing rental housing, and providing home ownership training
  502  to prospective home buyers and owners of homes assisted through
  503  the local housing assistance plan.
  504         1. Notwithstanding the provisions of paragraph paragraphs
  505  (a) and (b), program income as defined in s. 420.9071(24) may
  506  also be used to fund activities described in this paragraph.
  507         2. When preconstruction due-diligence activities conducted
  508  as part of a preservation strategy show that preservation of the
  509  units is not feasible and will not result in the production of
  510  an eligible unit, such costs shall be deemed a program expense
  511  rather than an administrative expense if such program expenses
  512  do not exceed 3 percent of the annual local housing
  513  distribution.
  514         3. If both an award under the local housing assistance plan
  515  and federal low-income housing tax credits are used to assist a
  516  project and there is a conflict between the criteria prescribed
  517  in this subsection and the requirements of s. 42 of the Internal
  518  Revenue Code of 1986, as amended, the county or eligible
  519  municipality may resolve the conflict by giving precedence to
  520  the requirements of s. 42 of the Internal Revenue Code of 1986,
  521  as amended, in lieu of following the criteria prescribed in this
  522  subsection with the exception of paragraph (d) paragraphs (a)
  523  and (e) of this subsection.
  524         4. Each county and each eligible municipality may award
  525  funds as a grant for construction, rehabilitation, or repair as
  526  part of disaster recovery or emergency repairs or to remedy
  527  accessibility or health and safety deficiencies. Any other
  528  grants must be approved as part of the local housing assistance
  529  plan.
  530         (10) Each county or eligible municipality shall submit to
  531  the corporation by September 15 of each year a report of its
  532  affordable housing programs and accomplishments through June 30
  533  immediately preceding submittal of the report. The report shall
  534  be certified as accurate and complete by the local government’s
  535  chief elected official or his or her designee. Transmittal of
  536  the annual report by a county’s or eligible municipality’s chief
  537  elected official, or his or her designee, certifies that the
  538  local housing incentive strategies, or, if applicable, the local
  539  housing incentive plan, have been implemented or are in the
  540  process of being implemented pursuant to the adopted schedule
  541  for implementation. The report must include, but is not limited
  542  to:
  543         (i) A description of efforts to reduce homelessness.
  544         Section 9. Section 420.9089, Florida Statutes, is created
  545  to read:
  546         420.9089 National Housing Trust Fund.—The Legislature finds
  547  that more funding for housing to assist the homeless is needed
  548  and encourages the state entity designated to administer funds
  549  made available to the state from the National Housing Trust Fund
  550  to propose an allocation plan that includes strategies to reduce
  551  homelessness in this state. These strategies to address
  552  homelessness shall be in addition to strategies under s.
  553  420.5087.
  554         Section 10. Subsection (25) of section 420.9071, Florida
  555  Statutes, is amended to read:
  556         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  557  term:
  558         (25) “Recaptured funds” means funds that are recouped by a
  559  county or eligible municipality in accordance with the recapture
  560  provisions of its local housing assistance plan pursuant to s.
  561  420.9075(5)(g) s. 420.9075(5)(h) from eligible persons or
  562  eligible sponsors, which funds were not used for assistance to
  563  an eligible household for an eligible activity, when there is a
  564  default on the terms of a grant award or loan award.
  565         Section 11. This act shall take effect July 1, 2015.
  566  
  567  
  568  ================= T I T L E  A M E N D M E N T ================
  569  And the title is amended as follows:
  570         Delete everything before the enacting clause
  571  and insert:
  572                        A bill to be entitled                      
  573         An act relating to housing for the homeless; amending
  574         s. 420.5087, F.S.; requiring that the reservation of
  575         funds within each notice of fund availability to
  576         persons who are homeless and persons with special
  577         needs be at least 10 percent of the funds available at
  578         the time of the notice; amending s. 420.622, F.S.;
  579         requiring that the State Office on Homelessness
  580         coordinate among certain agencies and providers to
  581         produce a statewide consolidated inventory for the
  582         state’s entire system of homeless programs which
  583         incorporates regionally developed plans; directing the
  584         State Office on Homelessness to create a task force to
  585         make recommendations regarding the implementation of a
  586         statewide Homeless Management Information System
  587         (HMIS) subject to certain requirements; requiring the
  588         task force to include in its recommendations the
  589         development of a statewide, centralized coordinated
  590         assessment system; requiring the task force to submit
  591         a report to the Council on Homelessness by a specified
  592         date; deleting the requirement that the Council on
  593         Homelessness explore the potential of creating a
  594         statewide Management Information System and encourage
  595         future participation of certain award or grant
  596         recipients; requiring the State Office on Homelessness
  597         to accept and administer moneys appropriated to it to
  598         provide annual Challenge Grants to certain lead
  599         agencies of homeless assistance continuums of care;
  600         removing the requirement that levels of grant awards
  601         be based upon the total population within the
  602         continuum of care catchment area and reflect the
  603         differing degrees of homelessness in the respective
  604         areas; allowing expenditures of leveraged funds or
  605         resources only for eligible activities subject to
  606         certain requirements; providing that preference for a
  607         grant award must be given to those lead agencies that
  608         have demonstrated the ability to leverage specified
  609         federal homeless-assistance funding with local
  610         government funding, as well as private funding, for
  611         the provision of services to homeless persons;
  612         revising preference conditions relating to grant
  613         applicants; requiring the State Office on
  614         Homelessness, in conjunction with the Council on
  615         Homelessness, to establish specific objectives by
  616         which it may evaluate the outcomes of certain lead
  617         agencies; requiring that any funding through the State
  618         Office on Homelessness be distributed to lead agencies
  619         based on their performance and achievement of
  620         specified objectives; revising the factors that may be
  621         included as criteria for evaluating the performance of
  622         lead agencies; amending s. 420.624, F.S.; revising
  623         requirements for the local homeless assistance
  624         continuum of care plan; providing that the components
  625         of a continuum of care plan should include Rapid
  626         ReHousing; requiring that specified components of a
  627         continuum of care plan be coordinated and integrated
  628         with other specified services and programs; creating
  629         s. 420.6265, F.S.; providing legislative findings and
  630         intent relating to Rapid ReHousing; providing a Rapid
  631         ReHousing methodology; amending s. 420.9071, F.S.;
  632         redefining the term “rent subsidies”; amending s.
  633         420.9072, F.S.; prohibiting a county or an eligible
  634         municipality from expending its portion of the local
  635         housing distribution to provide ongoing rent
  636         subsidies; specifying exceptions; amending s.
  637         420.9073, F.S.; requiring the Florida Housing Finance
  638         Corporation to first distribute a certain percentage
  639         of the total amount to be distributed each fiscal year
  640         from the Local Government Housing Trust Fund to the
  641         Department of Children and Families and to the
  642         Department of Economic Opportunity, respectively,
  643         subject to certain requirements; amending s. 420.9075,
  644         F.S.; providing that a certain partnership process of
  645         the State Housing Initiatives Partnership Program
  646         should involve lead agencies of local homeless
  647         assistance continuums of care; encouraging counties
  648         and eligible municipalities to develop a strategy
  649         within their local housing assistance plans which
  650         provides program funds for reducing homelessness;
  651         revising the criteria that apply to awards made to
  652         sponsors or persons for the purpose of providing
  653         housing; requiring that a specified report submitted
  654         by counties and municipalities include a description
  655         of efforts to reduce homelessness; creating s.
  656         420.9089, F.S.; providing legislative findings and
  657         intent; amending s. 420.9071, F.S.; conforming a
  658         provision to changes made by the act; providing an
  659         effective date.