Florida Senate - 2021 SB 1150
By Senator Harrell
25-01594-21 20211150__
1 A bill to be entitled
2 An act relating to the Low-Income Home Accessibility
3 Program; creating s. 420.38, F.S.; providing
4 legislative findings; establishing the Low-Income Home
5 Accessibility Program within the Florida Housing
6 Finance Corporation; providing the program’s purpose;
7 defining terms; specifying eligibility requirements
8 for the program; requiring the corporation, in
9 cooperation with the centers for independent living,
10 to determine further eligibility requirements and
11 adopt and revise policies and procedures governing the
12 operation of the program; requiring centers for
13 independent living to provide assistance and support
14 services; specifying allowable uses of funds
15 distributed under the program; requiring that funds
16 appropriated to the corporation for the program be
17 deposited in the State Housing Trust Fund; authorizing
18 uses of such funds; providing requirements for the
19 distribution of funds from the corporation to the
20 centers for independent living; requiring the
21 corporation to adopt rules for a specified purpose;
22 authorizing the corporation to perform actions to
23 administer this act and to adopt rules; amending s.
24 420.507, F.S.; conforming a provision to changes made
25 by the act; providing an effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Section 420.38, Florida Statutes, is created in
30 part III of chapter 420, Florida Statutes, to read:
31 420.38 Low-Income Home Accessibility Program.—
32 (1) The Legislature finds that the insufficient allocation
33 of resources to address severe housing accessibility problems
34 for individuals with disabilities has resulted in many residents
35 of this state continuing to live in unsafe, inaccessible
36 housing, and these problems have further resulted in an increase
37 in the number of individuals residing in institutional care. As
38 a matter of public policy, special programs are needed to
39 stimulate public and private enterprises to repair and
40 rehabilitate housing in order to provide decent, safe,
41 accessible, and sanitary conditions for low-income persons with
42 disabilities. The Legislature further recognizes the importance
43 of promoting respect for individual dignity, personal
44 responsibility, and self-determination to live independently;
45 individual privacy and equal access, including the full use and
46 enjoyment of one’s private dwelling; and integration and full
47 participation of individuals with disabilities in society on
48 equal terms with others.
49 (2) The Low-Income Home Accessibility Program is
50 established within the Florida Housing Finance Corporation to
51 assist low-income individuals with disabilities by providing
52 home accessibility services that directly and positively impact
53 their health and safety and that reduce premature entry into
54 long-term institutional care.
55 (3) As used in this section, the term:
56 (a) “Center for independent living” has the same meaning as
57 provided in s. 413.20.
58 (b) “Individual with a disability” means a person who has a
59 physical, developmental, or mental impairment that substantially
60 limits one or more of his or her major life activities. As used
61 in this paragraph, the term:
62 1. “Major life activity” means a function such as caring
63 for one’s self, performing manual tasks, walking, seeing,
64 hearing, speaking, breathing, learning, and working.
65 2. “Physical, developmental, or mental impairment” means:
66 a. A physiological disorder or condition, disfigurement, or
67 anatomical loss that affects one or more bodily functions;
68 b. A severe chronic disability of an individual which is
69 attributable to a mental or physical impairment or a combination
70 of mental and physical impairments; is manifested before the
71 individual attains 22 years of age; is likely to continue
72 indefinitely; results in substantial functional limitations in
73 three or more of the following areas of major life activity:
74 self-care, receptive and expressive language, learning,
75 mobility, self-direction, capacity for independent living, or
76 economic self-sufficiency; and reflects the individual’s need
77 for interdisciplinary services, supports, or other assistance
78 which need is lifelong or of extended duration and which
79 assistance is individually planned and coordinated; or
80 c. A mental or psychological disorder that meets one of the
81 diagnostic categories specified in the most recent edition of
82 the Diagnostic and Statistical Manual of Mental Disorders
83 published by the American Psychiatric Association, such as an
84 intellectual or developmental disability, organic brain
85 syndrome, traumatic brain injury, posttraumatic stress disorder,
86 or an emotional or mental illness.
87 (4)(a) An individual with a disability is eligible to
88 receive assistance if he or she has an individual income in
89 relation to his or her family size which is at or below 125
90 percent of the federal poverty level as defined annually by the
91 federal Office of Management and Budget.
92 (b) The program may provide assistance to any eligible
93 individual with a disability who resides in a private dwelling,
94 including, but not limited to, a single-family home, a
95 manufactured home, a townhouse, an apartment or another
96 individual rental unit, or any other privately owned dwelling,
97 whose residency is dependent upon his or her receipt of home
98 accessibility assistance, including repairs or services provided
99 under paragraph (5)(a).
100 (c) The corporation, in cooperation with the centers for
101 independent living, shall determine further eligibility
102 requirements for the program. The corporation, in cooperation
103 with the centers for independent living, shall adopt and, as
104 necessary, revise the policies and procedures governing the
105 operation of the program. The centers for independent living
106 shall provide assistance to program participants and
107 administrative support services to the program and shall
108 implement internal guidance and controls to ensure program
109 integrity.
110 (5)(a) Funds distributed under the program may be used for
111 materials, labor, or assistive devices and any of the following:
112 1. Transition assistance from institutional care, such as
113 hospitals, nursing homes, rehabilitation centers, or other
114 institutions.
115 2. Direct service staff wages and fringe benefits,
116 including health insurance, employer payroll taxes, workers’
117 compensation insurance, unemployment insurance, and other
118 employer-paid benefits for direct service staff.
119 3. Physical disability accessibility repairs, improvements,
120 or assistive devices, including wheelchair ramps, steps,
121 porches, handrails, and other health and safety measures.
122 4. Electrical repairs and repairs to deteriorating walls,
123 floors, and roofs.
124 5. Assistive devices, such as walkers, shower chairs,
125 wheelchairs, flashing doorbells, and other devices needed for
126 the health and safety of the individual with a disability.
127 6. Other interior and exterior repairs or improvements as
128 necessary for the health and safety of the individual with a
129 disability.
130 (b) Administrative expenses may not exceed 10 percent of
131 the total grant funds.
132 (6)(a) Funds appropriated to the corporation for the
133 program must be deposited in the State Housing Trust Fund.
134 Administrative and personnel costs incurred by the corporation
135 in implementing this section may be paid from the fund.
136 (b) The corporation shall distribute funds to the centers
137 for independent living as follows:
138 1. For each county, a base amount of at least $3,000 must
139 be set aside from the total funds available, and such amount
140 must be deducted from the total amount appropriated by the
141 Legislature.
142 2. The balance of the funds appropriated by the Legislature
143 must be divided by the total poverty population of the state,
144 and this quotient must be multiplied by each county’s share of
145 the poverty population. That amount, plus the base amount of at
146 least $3,000, constitutes each county’s share. A center for
147 independent living that serves more than one county must be
148 given the base amount plus the poverty population share for each
149 county in its service area. Contracts with centers for
150 independent living must be awarded annually as funding allows.
151 3. If a center for independent living elects not to
152 administer the program in its service area, the corporation must
153 adopt rules to address the selection of one or more public or
154 private not-for-profit agencies that are experienced in
155 providing assistance to and accessibility repairs for
156 individuals with disabilities to administer the program in the
157 applicable service areas.
158 4. If no eligible agency agrees to serve a county, the
159 funds for that service area must be distributed to centers for
160 independent living that have the best performance records, as
161 determined by corporation rule. At the end of the contract year,
162 any uncontracted or unexpended funds must be returned to the
163 State Housing Trust Fund and reallocated under the following
164 year’s contract cycle.
165 (7) The corporation may perform any action necessary and
166 appropriate to administer this section, including, but not
167 limited to:
168 (a) Entering into contracts and agreements with agencies of
169 the state, local governments, or any person, association,
170 corporation, or entity;
171 (b) Seeking and accepting funding from any public or
172 private source; or
173 (c) Adopting and enforcing rules consistent with this
174 section.
175 Section 2. Subsection (51) is added to section 420.507,
176 Florida Statutes, to read:
177 420.507 Powers of the corporation.—The corporation shall
178 have all the powers necessary or convenient to carry out and
179 effectuate the purposes and provisions of this part, including
180 the following powers which are in addition to all other powers
181 granted by other provisions of this part:
182 (51) To administer the Low-Income Home Accessibility
183 Program pursuant to s. 420.38.
184 Section 3. This act shall take effect July 1, 2021.