Agenda 09/22/2020 Item #17D (Ordinance - 2020 Legislative Changes to the Affordable Housing Advisory Committee)17.D
09/22/2020
EXECUTIVE SUMMARY
Recommendation to adopt an amendment to Ordinance 2013-27 to align the Ordinance with
approved 2020 legislative changes to Section 420.9076, Florida Statutes outlined in HB1339 which
changes the composition of the Affordable Housing Advisory Committee and the frequency of its
reporting. (This is a Companion to Agenda Item 10.A)
OBJECTIVE: To maintain compliance with Section.420.9076, Florida Statutes and requirements for the
State Housing Initiative Partnership (SHIP) program.
CONSIDERATIONS: On September 8, 2020, Agenda Item #16D9, the Board of County Commissioners
(Board) authorized staff to advertise an amendment to Ordinance 2013-27 to align the Ordinance with
approved 2020 legislative changes to Section 420.9076, Florida Statutes.
As background, 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 was amended in the recent legislative session by HB 1339.
On April 9, 2013, the Board adopted a single consolidated ordinance known as the SHIP Local Housing
Assistance Program Ordinance 2013-27 Agenda Item #17E, which brought the AHAC into compliance
with State Statute. In 2020 the Florida Legislature made changes to the SHIP program by adding the
following requirements:
1. Appoint one (1) "elected official" to serve on the Affordable Housing Advisory Committee
(AHAC). A requirement of the legislation includes requiring the elected official to attend regional
bi-annual meetings to identify and share best affordable housing practices;
2. Increase the frequency of the SHIP Incentive Review and Recommendation (IRR) report to an
annual report. Previously this was required to be submitting triennially. The IRR is a review of
the County's policies, procedures, ordinances, land development regulations, and comprehensive
plan. As part of this report, the AHAC recommends actions or initiatives to encourage or
facilitate housing that is affordable in accordance with Section 420.9076 (4), Florida Statutes. The
IRR report will continue to be submitted to the Board for review and approval with final
submission to Florida Housing Finance Corporation (FHFC).
3. Other changes in HB1339 include the reporting of local government impact fee data; local
government expenditures for affordable housing, modifications to the FHFC competitive housing
funding application programs, and changes to mobile home park sections of state statutes. These
changes to HB 1339 do not require updates to the ordinance and will be implemented by staff
where needed.
The ordinance also contains other changes to update the division name to Community and Human
Services' (CHS), including references to the County's advisory board ordinance, and term limits have
been removed to be consistent with the advisory board ordinance.
The ordinance amendment was advertised and is on the same agenda as the companion Item to appoint a
member of the Board to the AHAC.
FISCAL IMPACT: Except for the cost to advertise this amendment, ($518), there are no Fiscal impacts
associated with the changes to this ordinance. However, in accordance with HB1339, if the local elected
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09/22/2020
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: 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 adopt an amendment to Ordinance 2013-27 to align the Ordinance with
approved 2020 legislative changes to Section 410.9076, Florida Statutes outlined in HB1339 which
changes the composition of the Affordable Housing Advisory Committee and the frequency of its
reporting requirements.
Prepared By: Susan Golden, Senior Grants and Housing Coordinator; Community and Human Services
Division
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ATTACHMENT(S)
1. CAO stamped Ord 9.8.20 (PDF)
2. AHAC Ordinance 2013-27 (PDF)
3. Statute 420.9076 - does NOT reflect HB1339 (PDF)
4. Summary HB 1339 (PDF)
5. Legal advertisement - agenda no. 13370 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.1)
Doe ID: 13370
Item Summary: Recommendation to adopt an amendment to Ordinance 2013-27 to align the
Ordinance with approved 2020 legislative changes to Section 420.9076, Florida Statutes outlined in
HB1339 which changes the composition of the Affordable Housing Advisory Committee and the
frequency of its reporting. (This is a Companion to Agenda Item 10.A)
Meeting Date: 09/22/2020
Prepared by:
Title: — Community & Human Services
Name: Susan Golden
08/24/2020 4:55 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
08/24/2020 4:55 PM
Approved By:
Review:
Community & Human Services
Cormac Giblin
Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Level 1 Reviewer
Community & Human Services
Kristi Sonntag
CHS Review
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
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Nick Casalanguida
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
08/28/2020 3:41 PM
Completed
09/02/2020 3:39 PM
Completed
09/02/2020 4:17 PM
Completed
09/03/2020 10:22 AM
Completed
09/03/2020 11:05 AM
Completed
09/08/2020 2:16 PM
Completed
09/08/2020 2:37 PM
Completed
09/08/2020 3:26 PM
Completed
09/10/2020 4:46 PM
Completed
09/11/2020 12:56 PM
Completed
09/11/2020 1:05 PM
Completed
09/14/2020 12:12 PM
09/22/2020 9:00 AM
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ORDINANCE NO. 2020 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
20I3-27, WHICH CONSOLIDATED THE COLLIER COUNTY STATE
HOUSING INITIATIVE PARTNERSHIP (SHIP) LOCAL HOUSING
ASSISTANCE PROGRAM ORDINANCE PROVISIONS; BY AMENDING
SECTION S, DESIGNATION OF RESPONSIBILITY FOR
IMPLEMENTATION AND AMENDING SECTION 6, ESTABLISHMENT
OF AN AFFORDABLE HOUSING ADVISORY COMMITTEE,
CONSISTENT WITH AMENDMENTS TO SECTION 420.9076, FLORIDA
STATUTES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OF
OCTOBER I, 2020.
WHEREAS, in 1992, the Legislature of the State of Florida approved the Sadowski
Affordable Housing Act creating the State Housing Initiatives Partnership ("SHIP") Program for
the specific purpose of supporting and expanding the availability of affordable housing resources
within the State; and
WHEREAS, the Collier County Board of County Commissioners (Board) adopted
Ordinance No. 93-19 on April 13, 1993, creating a local housing assistance trust fund, establishing
a local housing assistance program, designating responsibility for the program, and creating an
Affordable Housing Advisory Committee; and
WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance
No. 91-65, establishing the Collier County Affordable Housing Commission (now known as the
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Affordable Housing Advisory Committee), which Ordinance was subsequently amended by
Ordinance Nos. 04-77, 05-69, 08-17, and 09-50; and N
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WHEREAS, on April 9, 2013, the Board of County Commissioners adopted a single o
consolidated Ordinance No. 2013-27 repealing Ordinance No. 93-19, as amended, and Ordinance a
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No. 91-65, as amended, to comply with the requirements set forth in Florida Statutes, Sections
420.907- 420.9070 and Chapter 67-37, Florida Administrative Code; and O
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WHEREAS, on Chapter 2020-27, Laws of Florida adopted changes to Section 420.9076,
Florida Statutes, related to the composition of the Affordable Housing Advisory Committee and
the frequency of its reporting requirements; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and cited as the "Collier County SHIP Local Housing
Assistance Program Ordinance".
SECTION TWO: Definitions.
For the purposes of this Ordinance, the definitions contained in Florida Statutes, Chapter
420.9071 and Rule 67-37.002, Florida Administrative Code, as they may be amended or replaced
from time to time, are adopted herein by reference.
SECTION THREE: Establishment of the Local Housing Assistance Program.
The Local Housing Assistance Program is hereby created and established to implement the
requirements of Florida Statutes, Section 420.907 and Rule 67-37, Florida Administrative Code,
adopted herein by reference, as they may be amended or replaced from time to time.
The County shall implement the program within the unincorporated boundaries of Collier
County and may enter into an interlocal agreement with municipalities. The strategies of the
program will be set forth in the County's SHIP local housing assistance plan.
SECTION FOUR: Establishment of a Local Housing Assistance Trust Fund.
Pursuant to the requirements Section 420.907 Florida Statutes, the County hereby reaffirms
establishment of a Local Housing Assistance Trust Fund within the official and fiscal accounting
office of the County as originally established on April 13, 1993, by Ordinance No. 93-19. The
County's local housing assistance trust fund shall be separately stated as a special revenue fund in
2
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17.D.1
the county's audited financial statements, Copies of such audited financial statements shall be
forwarded to the Florida Housing Finance Agency.
All moneys received from the state pursuant to the State Housing Initiative Partnership
(SHIP) Program and any other funds received or budgeted to provide funding for the Local
Housing Assistance Program shall be deposited into the Collier County Local Housing Assistance
Trust Fund.
SECTION FIVE: Designation of responsibility for implementation.
The f'..0 ty's Depart,,, t Housing, u,,,,.,a md Veterans Sere; o Division of Community
Human Services Division shall be primarily responsible for implementation and administration of
the local housing assistance program,
SECTION SIX: Establishment of an Affordable Housing Advisory Committee.
The Affordable Housing Advisory Committee is created and established in accordance
with Florida Statutes, Section 420.9076 and County Ordinance No. 01-55, Standards for The
Creation and Review of Boards. In the event of a conflict, the provisions of Florida Statutes,
Section 420.9076 shall apply.
Duties of the advisory committee are provided in Florida Statutes, Section 420, 9076(2)(a)
- (k) adopted herein by reference, as they may be amended or replaced from time to time.
Appointments to the Affordable Housing Advisory Committee will be made in accordance
with the membership requirements of Florida Statutes, Section 420.9076, including joint
appointments to prepare a joint plan when a participating municipality enters into an interlocal
agreement to administer its program.
The committee shall consist of one locally elected official from the county or municipality
participating in the State Housing Initiates Partnership and up to ten (10)other eleven—"
members as required by Florida Statutes 420.9076 (2)(a)-(k), appointed by Resolution of the
Board of County Commissioners ne Wei than Marc-h 2, prior to the year the LeGal Neusing
ssist. nee Plan :s a„o on an as needed basis. The locally elected official shall comply with
requirements set forth in Section 420.9076, Florida Statutes. The term of service for all members
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17.D.1
shall be for three (3) years or at the discretion of the Board. Terms may be eNtended for one
additional tare, (3) year term. Appointment and removal of members „from the Affordable Housing
Advisory Committee shall be in accordance_ with the provisions of the Collier County Ordinance
No. 2001-55, as it may be amended, or its successor ordinance,
Six (6) members shall constitute a quorum sufficient to permit the committee to take any
formal action. However, if formal action is not taken, the committee may meet to hear
presentations with less than a quorum in attendance, if the meeting is duly noticed.
A majority of concurring votes of the entire membership of the committee shall be
necessary for a decision or recommendation by the committee.
The committee may elect a chairperson or presiding officer.
The committee members serving immediately prior to this Ordinance's adoption shall
fulfill the remainder of their appointed terms.
The committee shall meet at least telly annually and submit a report to the local
governing body that includes recommendations on, and +.;� annually thereafter evaluates
the implementation of, affordable housing incentives as required by Florida Statutes, Section
420.9076(4)(a) _ (k).
The Board of County Commissioners may sunset or suspend meetings of the committee
upon submission of the irin� annual Incentive Report and reconvene no later than March 2 of
the each year the Incentive Report is due. The committee will be eo"eFalively staffed by Housing,
u,,man aad Voids,, Services Depa tfflen Community and Human Services Division and
Plan iag and 7,,. ing Depaih,, e staff in accordance with Florida Statutes, Section 420, 9076(9).
SECTION SEVEN: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re -
lettered to accomplish such, and that the word "ordinance" may be changed to "section," "article,"
or other appropriate word or phrase necessary to accomplish such intentions.
4,
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17.D.1
SECTION EIGHT: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, deemed a separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION NINE: Effective date.
This Ordinance shall become effective October 1, 2020.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K KINZEL, CLERK COLLIER COUNTY, FLORIDA
, DEPUTY CLERK
Approved as to form
and legality:
Jennifer A. Belpedio
Assistant County Attorney
BURT L. SAUNDERS, CHAIRMAN
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5 olva
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17.D.2
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1 ORDINANCE NO.2013 - 2 77
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER
COUNTY SHIP LOCAL HOUSING ASSISTANCE PROGRAM
ORDINANCE; PROVIDING FOR TITLE AND CITATION; PROVIDING
FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF THE
LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR
ESTABLISHMENT OF A LOCAL HOUSING ASSISTANCE TRUST
FUND; PROVIDING FOR DESIGNATION OF RESPONSIBILITY FOR
IMPLEMENTATION; PROVIDING FOR ESTABLISHMENT OF AN
AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING
FOR REPEAL OF ORDINANCE NO. 93-19, AS AMENDED;
PROVIDING FOR THE REPEAL OF ORDINANCE NO. 91-65, AS
AMENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1992, the Legislature of the State of Florida approved tpt$ac&ski
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Affordable Housing Act creating the State Housing Initiatives Partnership ("SHIP"gb6grft forn
the specific purpose of supporting and expanding the availability of affordable housr`resgrcep---
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within the State; and !-n -; -v ffi
WHEREAS, the Collier County Board of County Commissioners (Bo at0ted
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Ordinance No. 93-19 on April 13, 1993, creating a local housing assistancc�:gst `Fund,
establishing a local housing assistance program, designating responsibility for the program, and
creating an Affordable Housing Advisory Committee; and
WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance
No. 91-65, establishing the Collier County Affordable Housing Commission (now known as the
Affordable Housing Advisory Committee), which Ordinance was subsequently amended by
Ordinance Nos. 04-77, 05-69, 08-17, and 09-50; and
WHEREAS, the Board has determined that it is in the best interest of the County to
repeal Ordinance No. 93-19, as amended, and Ordinance No. 91-65, as amended, in order to
adopt a single consolidated Ordinance to comply with the requirements set forth in Florida
Statutes, Sections 420.907- 420.9070 and Chapter 67-37, Florida Administrative Code.
2013 Collier County SHIP Local Housing Assistance Program Ordinance
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17.D.2
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title and Citation.
This Ordinance shall be known and cited as the "Collier County SHIP Local Housing
Assistance Program Ordinance".
SECTION TWO: Definitions.
For the purposes of this Ordinance, the definitions contained in Florida Statutes, Chapter
420.9071 and Rule 67-37.002, Florida Administrative Code, as they may be amended or replaced
from time to time, are adopted herein by reference.
SECTION THREE: Establishment of the Local Housing Assistance Program.
The Local Housing Assistance Program is hereby created and established to implement
the requirements of Florida Statutes, Section 420.907 and Rule 67-37, Florida Administrative
Code, adopted herein by reference, as they may be amended or replaced from time to time.
The County shall implement the program within the unincorporated boundaries of Collier
County and may enter into an interlocal agreement with municipalities. The strategies of the
program will be set forth in the County's SHIP local housing assistance plan.
SECTION FOUR: Establishment of a Local Housing Assistance Trust Fund.
Pursuant to the requirements Section 420.907 Florida Statutes, the County hereby
reaffirms establishment of a Local Housing Assistance Trust Fund within the official and fiscal
accounting office of the County as originally established on April 13, 1993, by Ordinance No.
93-19. The County's local housing assistance trust fund shall be separately stated as a special
revenue fund in the county's audited financial statements. Copies of such audited financial
statements shall be forwarded to the Florida Housing Finance Agency.
All moneys received from the state pursuant to the State Housing Initiative Partnership
(SHIP] Program and any other funds received or budgeted to provide funding for the Local
Housing Assistance Program shall be deposited into the Collier County Local Housing
Assistance Trust Fund.
2013 Collier County SHIP Local Housing Assistance Program Ordinance
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17.D.2
SECTION FIVE: Designation of responsibility for implementation.
The Director of the County's Department of Housing, Human and Veterans Services shall
be primarily responsible for implementation and administration of the local housing assistance
program.
SECTION SIX: Establishment of an Affordable Housing Advisory Committee.
The Affordable Housing Advisory Committee is created and established in accordance
with Florida Statutes, Section 420.9076 and County Ordinance No. 01-55, Standards for The
Creation and Review of Boards. In the event of a conflict, the provisions of Florida Statutes,
Section 420.9076 shall apply.
Duties of the advisory committee are provided in Florida Statutes, Section
420.9076(2) (a) - (k) adopted herein by reference, as they may be amended or replaced from time
to time.
Appointments to the Affordable Housing Advisory Committee will be made in
accordance with the membership requirements of Florida Statutes, Section 420.9076, including
joint appointments to prepare a joint plan when a participating municipality enters into an
interlocal agreement to administer its program.
The committee shall consist of eleven (11) members as required by Florida Statutes
420.9076 (2)(a)-(k), appointed by Resolution of the Board of County Commissioners no later
than March 2, prior to the year the Local Housing Assistance Plan is due. The term of service
shall be for three (3) years or at the discretion of the Board. Terms may be extended for one
additional three (3) year term.
Six (6) members shall constitute a quorum sufficient to permit the committee to take any
formal action. However, if formal action is not taken, the committee may meet to hear
presentations with less than a quorum in attendance, if the meeting is duly noticed.
A majority of concurring votes of the entire membership of the committee shall be
necessary for a decision or recommendation by the committee.
The committee may elect a chairperson or presiding officer.
The committee members serving immediately prior to this Ordinance's adoption shall
fulfill the remainder of their appointed terms.
2013 Collier County SHIP Local Housing Assistance Program Ordinance
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17.D.2
The committee shall meet at least triennially and submit a report to the local governing
body that includes recommendations on, and triennially thereafter evaluates the implementation
of, affordable housing incentives as required by Florida Statutes, Section 420.9076(4)(a) - (k).
The Board of County Commissioners may sunset or suspend meetings of the committee
upon submission of the triennial Incentive Report and reconvene no later than March 2 of the
year the Incentive Report is due. The committee will be cooperatively staffed by Housing,
Human and Veterans Services Department and Planning and Zoning Department staff in
accordance with Florida Statutes, Section 420.9076(9).
SECTION SEVEN: Repeal of Ordinance No. 93-19, as amended.
Ordinance No. 93-19, pertaining to the Collier County Housing Initiatives Partnership
Program, and all amendments thereto, is hereby repealed in its entirety.
SECTION EIGHT: Repeal of Ordinance No. 91-65, as amended.
Ordinance No. 91-65, pertaining to the Affordable Housing Committee, and all
amendments thereto, is hereby repealed in its entirety.
SECTION NINE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or
re -lettered to accomplish such, and that the word "ordinance" may be changed to "section,"
"article," or other appropriate word or phrase necessary to accomplish such intentions.
SECTION TEN: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION ELEVEN: Effective date.
This Ordinance shall become effective thirty (30) days after its adoption by the Board
of County Commissioners.
2013 Collier County SHIP Local Housing Assistance Program Ordinance
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17.D.2
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this q+ day of , 2013.
it
ATTEST:.
DWIGHT E,;15RWCK, CLERK
�puty Clerk
AfC`as s.
sighreronlX •�
Approved... fo Form
and legal stiff ciency:
JeniFfer B. White
Assistant County Attorney �v-) �\\3
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BOARD OF COUNTY COMMISSIONERS
COL CO TY, FLORIDA
By
eorgia A. Hiller, Esq.
Chairwoman
This ordinance filed with the
t etory of W.1111
ffice the
day ofand acknowlegern at
til' eived th Ls ay
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2013 Collier County SHIP Local Housing Assistance Program Ordinance
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17.D.2
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013-27
which was adopted by the Board of County Commissioners
on the 9th day of April, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of April, 2013.
DWIGHT E. BROCK
Clerk of Courts- ancc \Clezk
Ex -of f icio to Boas of
County Commissiot-e2's °
By: Ann nejohn,
Deputy Clerk
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Statutes & Constitution :View Statutes : Online Sunshine
17.D.3
On
Sunshine
Official Internet Site cf the Florida Legislature
.* .1 AA 0 LegAugust islakive
1 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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http://www.leg.state.fl.us/...TES/index.cfm?App mode=Display_Statute&Search String=&URL=0400-0499/0420/Sections/0420.9076.html[8/20/2020 11:15:25 AM]
Statutes & Constitution :View Statutes : Online Sunshine
17.D.3
(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, ordinanc(
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regulations, or planprovisions; 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
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implementation of, affordable housing incentives in the following areas:
(a) The processing of approvals of development orders or permits for affordable housing project
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is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3.
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(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.
(d) The reservation of infrastructure capacity for housing for very -low-income persons, low-
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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
affordable housing.
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(h) The modification of street requirements for affordable housing.
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(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.
(k) The support of development near transportation hubs and major employment centers and
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mixed -use developments.
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
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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
strategies must be made by affirmative vote of a majority of the membership of the advisory c
committee taken at a public hearing. Notice of the time, date, and place of the public hearing of tl i
advisory committee to adopt its evaluation and final local housing incentive strategies
recommendations must be published in a newspaper of general paid circulation in the county. The c
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 a
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. s
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(6) Within 90 days after the date of receipt of the evaluation and local housing incentive E
s
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
17.D.3
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. m
(7) The governing board of the county or the eligible municipality shall notify the corporation b,
r
certified mail of its adoption of an amendment of its local housing assistance plan to incorporate lot
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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
M
housing distribution shall be sent by certified mail by the corporation to the affected county or
CD
04
eligible municipality. The notice of termination must specify a date of termination of the funding if
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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
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adopted an amended local housing assistance plan to incorporate local housing incentive strategies
0
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
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
0
assistance plan to incorporate local housing incentive strategies, the corporation, after issuance of
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
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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.
420.9072.
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(8) The advisory committee may perform other duties at the request of the local government,
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.
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(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
L-
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.
-0
2008-4; s. 30, ch. 2009-96; s. 16, ch. 2011-15; s. 67, ch. 2011-139; s. 11, ch. 2016-210. to
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17. D.4
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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17. D.4
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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NOTICE OF HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on September 22, 2020, in the Board
of County Commissioners Meeting. Room, Third Floor, Collier
Government Center, 3299 East Tamiami Trail, Naples FL., the
Board of County Commissioners (BCC) will consider the enact-
ment of a County Ordinance. The meeting will commence at
9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2013-27, WHICH CONSOLIDATED THE COLLIER COUNTY STATE
HOUSING INITIATIVE PARTNERSHIP (SHIP) LOCAL HOUSING AS-
SISTANCE PROGRAM ORDINANCE PROVISIONS; BY AMENDING
SECTION 5, DESIGNATION OF RESPONSIBILITY FOR IMPLEMEW
TATION AND AMENDING SECTION 6, ESTABLISHMENT OF AN
AFFORDABLE HOUSING ADVISORY COMMITTEE, CONSISTENT
WITH AMENDMENTS TO SECTION 420.9076, FLORIDA STATUTES;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDI-
NANCES; PROVIDING FOR CONFLICT AND SEVERABILITY, AND
PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2020.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and Is available for inspection. All Interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 3 minutes on any item. The selection of any Individual to
speak on behalf of any organization or group Is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization my be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said materials a mini-
mum of 3 weeks prior to the respective public hearing. In any
case, written materials intended to be considered by the Board
shall be submitted to the appropriate County staff a minimum
of seven days prior to the public hearing. All materials used in
presentations before the Board will become a permanent part
of the record.
All interested parties are invited to appear and be heard. Cop-
ies of the proposed Ordinance will be made available for inspec-
tion at the Community and Human Services Division of the Pub-
lic Services Department, 3339 Tamiami Trail East, .Building H,
Suite 213, between the hours of 8:00 a.m. and 5:00 p.m., Mon-
day through Friday. Furthermore, the materials will be made
available for inspection at the Collier County Clerk's Office,
Fourth Floor, Collier County Government Center, 3299 Tamiami
Trail East, one week prior to the scheduled hearing. Any ques-
tions pertaining to the documents should be directed to Com-
munity and Human Services Division at 239-252- 4228. Written
comments filed with the Clerk to the Board's Office prior to
September 22, 2020 will be read and considered at the public
hearing.
As part of the on -going initiative to promote social distancing
during the COVID-19 pandemic, the public will have the oppor-
tunity to provide public comments remotely, as well as in per-
son, during this proceeding. Individuals who would like to par-
ticipate remotely should register any time after the agenda is
Posted on the County website which is 6 days before the meet-
ing through the link provided on the front page of the County
website at www.colliercountyf1.gov. Individuals who register
will receive an email in advance of the public hearing detailing
how they can participate remotely in this meeting. For addi-
tional information about the meeting, please call Barbetta
Hutchinson at 239-252-4228 or email BCC_VirtualMeetings0colli
ercountyfl.gov
Any person who decides to appeal any decision of the Collier
County Board of County Commissioners will need a record of
the proceedings and may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division at
3335 Tamiami Trail East, Suite 101, Naples, FL 34112, 239-252-
8380, at least two days prior to the meeting Assisted living de-
vices for the hearing impaired are available in the.Board of
County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
September 11, 2020 #4350824
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