Agenda 09/22/2020 Item #10A (Affordable Housing Advisory Committee Appointment)10.A
09/22/2020
EXECUTIVE SUMMARY
Recommendation to discuss and appoint a member of the Board of County Commissioners to the
Affordable Housing Advisory Committee in accordance with approved 2020 legislative changes to
Section 410.9076, Florida Statutes outlined in HB1339 which requires an elected official to sit on the
Affordable Housing Advisory Committee and participate in regional bi-annual meetings. (This is a
Companion to Agenda Item 17.D)
OBJECTIVE: To maintain compliance with Section.420.9076, Florida Statutes and requirements for the
State Housing Initiative Partnership (SHIP) program.
CONSIDERATIONS: The SHIP program requires participating local governments to establish an
Affordable Housing Advisory Committee (AHAC). The AHAC requirements are set forth in Section
420.9076, Florida Statutes which were amended in the recent legislative session by HB1339.
On April 9, 2013, the Board of County Commissioners (Board) adopted a single consolidated ordinance
known as the SHIP Local Housing Assistance Program Ordinance 2013-27 Agenda Item #17E, which
brought the A14AC into compliance with State Statute. In 2020, the Florida Legislature made changes to
the SHIP program and on 9/8/2020 (Agenda Item #16D9) the Board approved the advertisement of a
revised Ordinance to incorporate the changes. On the 9/22/2020, Agenda Item 17.1) , the Ordinance is
requested to be adopted. If adopted, there is further action required by the Board.
One of the additional requirements set forth in the Statute and the Ordinance is that the Board appoints
one elected official to sit on the Affordable Housing Advisory Committee (AHAC) and the elected
official must attend regional bi-annual meetings to identify and share best affordable housing practices.
This Item is to request the Board discuss and appoint an elected official to the AHAC in order to meet
statutory requirements and continue to receive SHIP funding.
FISCAL IMPACT: There are no associated Fiscal impacts. However, in accordance with 1-1131339, if
the local elected official appointed to AHAC fails to attend three (3) consecutive regional workshops,
FHFC may withhold SHIP funding. Funds will be available within the SHIP Grant Fund (791).
LEGAL CONSIDERATIONS: The term "elected official" is not defined by the new legislation. Using
the ordinary meaning of the term "elected official" it may be interpreted to mean any person elected to the
Board of County Commissioners or other public office. This Item is approved for form and legality
and requires a majority vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: State Housing Initiative Partnership (SHIP) funds assist the
County in addressing some of the goals and objectives of the Housing Element in the Growth
Management Plan.
RECOMMENDATION: To appoint a member of the Board of County Commissioners to the
Affordable Housing Advisory Committee in accordance with approved 2020 legislative changes to
Section 410.9076, Florida Statutes outlined in HB1339 which requires an elected official to sit on the
Affordable Housing Advisory Committee and participate in regional bi-annual meetings.
Prepared By: Susan Golden, Senior Grants and Housing Coordinator; Community and Human Services
Division
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09/22/2020
ATTACHMENT(S)
1. Statute 420.9076 - does NOT reflect HB 1339 (PDF)
2. Summary HB 1339 (PDF)
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10.A
09/22/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doe ID: 13380
Item Summary: Recommendation to discuss and appoint a member of the Board of County
Commissioners to the Affordable Housing Advisory Committee in accordance with approved 2020
legislative changes to Section 410.9076, Florida Statutes outlined in HB1339 which requires an elected
official to sit on the Affordable Housing Advisory Committee (AHAC) and participate in regional bi-
annual meetings. (This is a Companion to Agenda Item 17.1))
Meeting Date: 09/22/2020
Prepared by:
Title: — Community & Human Services
Name: Susan Golden
08/25/2020 3:29 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
08/25/2020 3:29 PM
Approved By:
Review:
Community & Human Services
Cormac Giblin
Additional Reviewer
Community & Human Services
Kristi Sonntag
CHS Review
Operations & Veteran Services
Kimberley Grant
Level 1 Reviewer
Community & Human Services
Maggie Lopez
Additional Reviewer
Public Services Department
Todd Henry
Level 1 Division Reviewer
Public Services Department
Steve Carnell
Level 2 Division Administrator Review
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Budget and Management Office
Ed Finn
Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Nick Casalanguida
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
08/28/2020 3:40 PM
Completed
09/03/2020 6:49 PM
Completed
09/04/2020 9:10 AM
Completed
09/08/2020 10:22 AM
Completed
09/08/2020 12:12 PM
Completed
09/08/2020 2:18 PM
Completed
09/09/2020 1:24 PM
Completed
09/09/2020 1:40 PM
Completed
09/10/2020 4:45 PM
Completed
09/11/2020 9:58 AM
Completed
09/11/2020 12:57 PM
Completed
09/14/2020 2:19 PM
09/22/2020 9:00 AM
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Statutes & Constitution :View Statutes : Online Sunshine
10.A.1
On
Sunshine
Official Internet Site cf the Florida Legislature
.* .1 AA 0 Legislakive
August1 2020 Search Statutes:Search 81i4 Bro+xse
Interpreter Services for the
Deaf and Hard of Hearing
Select Year: 2019 G°
The 2019 Florida Statutes
Title XXX Chapter 420 View Entire Chapter
SOCIAL WELFARE HOUSING
420.9076 Adoption of affordable housing incentive strategies; committees.—
(1) Each county or eligible municipality participating in the State Housing Initiatives Partnership
Program, including a municipality receiving program funds through the county, or an eligible
municipality must, within 12 months after the original adoption of the local housing assistance plan
amend the plan to include local housing incentive strategies as defined in s. 420.9071(16).
(2) The governing board of a county or municipality shall appoint the members of the affordabeE
housing advisory committee. Pursuant to the terms of any interlocal agreement, a county and
municipality may create and jointly appoint an advisory committee. The local action adopted
pursuant to s. 420.9072 which creates the advisory committee and appoints the advisory committee
members must name at least 8 but not more than 11 committee members and specify their terms.
The committee must consist of one representative from at least six of the categories below:
(a) A citizen who is actively engaged in the residential home building industry in connection wit
affordable housing.
(b) A citizen who is actively engaged in the banking or mortgage banking industry in connection
with affordable housing.
(c) A citizen who is a representative of those areas of labor actively engaged in home building it
connection with affordable housing.
(d) A citizen who is actively engaged as an advocate for low-income persons in connection with
affordable housing.
(e) A citizen who is actively engaged as a for -profit provider of affordable housing.
(f) A citizen who is actively engaged as a not -for -profit provider of affordable housing.
(g) A citizen who is actively engaged as a real estate professional in connection with affordable
housing.
(h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the loc
planning agency is comprised of the governing board of the county or municipality, the governing
board may appoint a designee who is knowledgeable in the local planning process.
(i) A citizen who resides within the jurisdiction of the local governing body making the
appointments.
(j) A citizen who represents employers within the jurisdiction.
(k) A citizen who represents essential services personnel, as defined in the local housing
assistance plan.
(3) All meetings of the advisory committee are public meetings, and all committee records are
public records. Staff, administrative, and facility support to the advisory committee shall be provid,
by the appointing county or eligible municipality.
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(4) Triennially, the advisory committee shall review the established policies and proce ,
ordinances, land development regulations, and adopted local government comprehensive plan of the
appointing local government and shall recommend specific actions or initiatives to encourage or
facilitate affordable housing while protecting the ability of the property to appreciate in value. The
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recommendations may include the modification or repeal of existing policies, procedures, ordinancf
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regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the
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adoption of new policies, procedures, regulations, ordinances, or plan provisions, including
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recommendations to amend the local government comprehensive plan and corresponding regulation
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ordinances, and other policies. At a minimum, each advisory committee shall submit a report to the
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local governing body that includes recommendations on, and triennially thereafter evaluates the
implementation of, affordable housing incentives in the following areas:
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(a) The processing of approvals of development orders or permits for affordable housing project
is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3.
(b) The modification of impact -fee requirements, including reduction or waiver of fees and
alternative methods of fee payment for affordable housing.
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(c) The allowance of flexibility in densities for affordable housing.
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(d) The reservation of infrastructure capacity for housing for very -low-income persons, low-
income persons, and moderate -income persons.
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(e) The allowance of affordable accessory residential units in residential zoning districts.
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(f) The reduction of parking and setback requirements for affordable housing.
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(g) The allowance of flexible lot configurations, including zero -lot -line configurations for
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affordable housing.
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(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers, before adoption,
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policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
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(j) The preparation of a printed inventory of locally owned public lands suitable for affordable
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housing.
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(k) The support of development near transportation hubs and major employment centers and00
mixed -use developments.
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The advisory committee recommendations may also include other affordable housing incenti,
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identified by the advisory committee. Local governments that receive the minimum allocation unc
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the State Housing Initiatives Partnership Program shall perform the initial review but may elect to r
perform the triennial review.
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(5) The approval by the advisory committee of its local housing incentive strategies
recommendations and its review of local government implementation of previously recommended C
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strategies must be made by affirmative vote of a majority of the membership of the advisory a
committee taken at a public hearing. Notice of the time, date, and place of the public hearing of tF i
advisory committee to adopt its evaluation and final local housing incentive strategies
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recommendations must be published in a newspaper of general paid circulation in the county. The `o
notice must contain a short and concise summary of the evaluation and local housing incentives c
strategies recommendations to be considered by the advisory committee. The notice must state the c
public place where a copy of the evaluation and tentative advisory committee recommendations ca z
be obtained by interested persons. The final report, evaluation, and recommendations shall be v
submitted to the corporation. c
(6) Within 90 days after the date of receipt of the evaluation and local housing incentive i
strategies recommendations from the advisory committee, the governing body of the appointing loc
government shall adopt an amendment to its local housing assistance plan to incorporate the local a
housing incentive strategies it will implement within its jurisdiction. The amendment must include, at
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Statutes & Constitution :View Statutes : Online Sunshine
10.A.1
a minimum, the local housing incentive strategies required under s. 420.9071(16). The loca
government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the
advisory committee.
(7) The governing board of the county or the eligible municipality shall notify the corporation b,
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certified mail of its adoption of an amendment of its local housing assistance plan to incorporate to,
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housing incentive strategies. The notice must include a copy of the approved amended plan.
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(a) If the corporation fails to receive timely the approved amended local housing assistance plat
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to incorporate local housing incentive strategies, a notice of termination of its share of the local
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housing distribution shall be sent by certified mail by the corporation to the affected county or
eligible municipality. The notice of termination must specify a date of termination of the funding if
the affected county or eligible municipality has not adopted an amended local housing assistance pl
to incorporate local housing incentive strategies. If the county or the eligible municipality has not
adopted an amended local housing assistance plan to incorporate local housing incentive strategies
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the termination date specified in the notice of termination, the local distribution share terminates;
and any uncommitted local distribution funds held by the affected county or eligible municipality it
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its local housing assistance trust fund shall be transferred to the Local Government Housing Trust
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Fund to the credit of the corporation to administer the local government housing program.
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(b) If a county fails to timely adopt an amended local housing assistance plan to incorporate loc
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housing incentive strategies but an eligible municipality receiving a local housing distribution
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pursuant to an interlocal agreement within the county does timely adopt an amended local housing
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assistance plan to incorporate local housing incentive strategies, the corporation, after issuance of
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notice of termination, shall thereafter distribute directly to the participating eligible municipality i
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share calculated in the manner provided in s. 420.9073.
(c) Any county or eligible municipality whose local distribution share has been terminated may
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subsequently elect to receive directly its local distribution share by adopting an amended local
housing assistance plan to incorporate local housing incentive strategies in the manner and accordir
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to the procedure provided in this section and by adopting an ordinance in the manner required in s.
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420.9072.
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(8) The advisory committee may perform other duties at the request of the local government,
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including:
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(a) The provision of mentoring services to affordable housing partners including developers,
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banking institutions, employers, and others to identify available incentives, assist with applications
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for funding requests, and develop partnerships between various parties.
(b) The creation of best practices for the development of affordable housing in the community.
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(9) The advisory committee shall be cooperatively staffed by the local government department
division having authority to administer local planning or housing programs to ensure an integrated
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approach to the work of the advisory committee.
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History.—s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch. 2007-198; s. 117, ch.
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2008-4; s. 30, ch. 2009-96; s. 16, ch. 2011-15; s. 67, ch. 2011-139; s. 11, ch. 2016-210. ti
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10.A.2
THE FLORIDA SENATE
2020 SUMMARY OF LEGISLATION PASSED
Committee on Community Affairs
CS/CS/CS/HB 1339 — Community Affairs
by Commerce Committee; Ways and Means Committee; Local, Federal and Veterans Affairs
Subcommittee; and Rep. Yarborough and others (CS/CS/CS/SB 998 by Appropriations
Committee; Infrastructure and Security Committee; Community Affairs Committee; and
Senators Hutson and Hooper
The bill addresses several issues affecting development zoning; bonding activities; impact fees;
building inspections; affordable housing; and the regulation, ownership, and tenancy related to
mobile homes, mobile home parks, and related homeowners' associations.
With respect to development zoning, bonding activities, and building inspections, the bill
includes provisions that:
• Authorize local governments to approve the development of affordable housing on any
parcel zoned for residential, commercial, or industrial use;
• Expand existing bonding activities of the Florida Interlocal Cooperation Act to include
making loans to private entities of self-liquidating projects, regardless of where the
entities are located;
Require the reporting of local government impact fee data; and
Establish that a local government may not audit a private building inspector more than
four times a month.
With respect to affordable housing, the bill includes provisions that:
• Require the reporting of local government expenditures for affordable housing;
• Authorize the Florida Housing Finance Corporation (FHFC) to preclude an applicant
from further participation in FHFC programs if that applicant made a material
misrepresentation or engaged in fraudulent action in connection with program
applications;
• Eliminate prior experience with FHFC as a qualifying criterion for financing under the
State Apartment Incentive Loan (SAIL) Program;
• Permit FHFC to prioritize a portion of SAIL to provide funding for the development of
newly constructed permanent rental housing for persons in foster care or persons aging
out of foster care;
• Transition the "pilot" features of a workforce housing program into the Community
Workforce Housing Loan Program, administered by FHFC;
• Establish biannual regional workshops for locally elected officials serving on affordable
housing advisory committees to identify and share best affordable housing practices;
• Require a State Housing Initiatives Partnership (SHIP) Program participant to include in
its annual program report to FHFC the number of affordable housing applications
approved and denied; and
• Expand the definition of affordable housing in the SHIP Program to include certain
nonprofits who provide affordable supportive housing and community -based
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
CS/CS/CS/HB 1339 Page: 1
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10.A.2
2020 Summary of Legislation Passed Committee on Community Affairs
coordination services for persons with challenges related to mental health, substance
abuse, or domestic violence.
With respect to issues related to mobile homes, mobile home parks, and related homeowners'
associations, the bill includes provisions that:
• Allow a mobile home dealer to display a model manufactured home, rather than all
homes offered for sale;
• Exempt a recreational vehicle dealer from the garage liability insurance requirements if it
only sells park trailers;
• Clarify provisions exempting mobile home park owners from the jurisdiction of the
Public Service Commission when the park owners provide water and wastewater;
• Revise when a mobile home park owner can require a mobile home owner to make
improvements;
• Require a mobile home park owner to amend the prospectus and increase shared facilities
when adding mobile home lots;
• Create a strict prohibition to prevent the park owner from passing on to mobile home
owners taxes in an amount in excess of what is actually paid to the tax collector;
• Allow a mobile home park owner to give notice of lot rental increases for multiple
anniversary dates at the same time;
• Permit a mobile home park damaged or destroyed by wind, water, or other natural force
to be rebuilt on the same site with the same density as was approved, permitted, and built
before being damaged or destroyed;
• Allow a mobile home buyer to assume the seller's prospectus or be offered a new
prospectus by the park owner;
• Require a mobile home owner to receive written permission from park owner before
exterior modifications or additions;
• Require a mobile home park owner to notify the Department of Business and
Professional Regulation, who in turn notifies the Florida Mobile Home Relocation
Company, when tenants will be evicted due to a change in land use;
• Revise numerous rights, obligations, and record retention requirements of a mobile home
park homeowners' association, including how elections are conducted; and
• Require certain disputes between the homeowners' association and a member to be
resolved via mandatory binding arbitration at the Department of Business and
Professional Regulation.
If approved by the Governor, these provisions take effect July 1, 2020.
Vote: Senate 39-0; House 101-10
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
CS/CS/CS/HB 1339 Page: 2
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