Ordinance 2020-027 ORDINANCE NO. 2020 - 2 7
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
ASSISTANCE PROGRAM ORDINANCE PROVISIONS; BY AMENDING
SECTION 5, 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 1, 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
Affordable Housing Advisory Committee), which Ordinance was subsequently amended by
Ordinance Nos. 04-77, 05-69, 08-17, and 09-50; and
WHEREAS, on April 9, 2013, the Board of County Commissioners adopted a single
consolidated Ordinance No. 2013-27 repealing Ordinance No. 93-19, as amended, and Ordinance
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
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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
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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 Ceunty's Department of Housing Human a,,a \Teterans Services Division of Community and
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 (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 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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shall be for three (3) years or at the discretion of the Board. Terms may be extended for one
additional three(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 triennially annually and submit a report to the local
governing body that includes recommendations on, and triennially 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 triennial annual Incentive Report and reconvene no later than March 2 of
the each year the Incentive Report is due. The committee will be cooperatively staffed by Housing,
Human and Veterans Services Department Community and Human Services Division and
Planning and Zoning Department 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.
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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, thisapday of54(boket, 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COSTAL K.KINZEL, CLERK COLLIER COUNTY, FLORIDA
, aeCikoikalSr„ By: t4.YX:A.1.40,10.04--
, DEPUTY CLERK B L. SAUNDERS, CHAIRMAN
Attest as to-Chairman's
sgnatute only,
Approved as to form
and legality:
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Jennifer A. Belpe.c ��
Assistant County Attorney Q \
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
September 30, 2020
Ms. Teresa Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2020-27, which was filed in this office on September 30,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270