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Resolution 2016-075 Exhibit E 67-37.005(1), F.A.C. RESOLUTION#: 20167 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT,SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE CHAIRMAN TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the State of Florida enacted the William E.Sadowski Affordable Housing Act,Chapter 92- 317 of Florida Sessions Laws,allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS,the State Housing Initiatives Partnership(SHIP)Act,ss.420.907-420.9079,Florida Statutes (1992),and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one-to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS,the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS,the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act;The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S. It is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined ins. 120.52(17),and eligible municipalities receiving a local housing distribution of up to$350,000 may use up to 10 percent of program income for administrative costs. WHEREAS, the Community and Human Services Division has prepared a three-year Local Housing 35 Exhibit E 67-37.005(1),F.A.C. Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS,the Board of County Commissioners finds that it is in the best interest of the public for the County to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: Section 1: The Board hereby approves the Local Housing Assistance Plan,as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss.420.907- 420-9079,Florida Statutes,for fiscal years 2016/2017, 2017/2018 and 2018/2019. Section 2: The Chairman is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan,and to do all things necessary and proper to carry out the term and conditions of said program. Section 3: This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS a�pt�DAY OF a.4? .-, , 2019. Donna Fiala, Chairman (SEAL) . ATTEST: t■ ILL itaii&asa.P.1 1> T ,a j uty Clerk Attest as to Chas n an's: Approved as to form and legality signature only. Assistant County ey OS?)a°r�� 36 Exhibit D 67-37.005(1), F.A.C. Effective Date: 10/14 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government: _Collier County (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity)will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to 33 s° G� Exhibit D 67-37.005(1),F.A.C. Effective Date: 10/14 the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida has or X has not been implemented. (note:Miami Dade County will check"has") CIA Witness Chief Elected Official or designee IA lit"' — Witness Donna Fiala Chairman (J ,r', ( 2 C , Z01(p Date OR Approved as to form and legality BTrA"Tss tent County rney 4est:(Seal) Attest as to Chairman's.. signature only. 34 0