Ordinance 2013-27 11 U 11 11
ORDINANCE NO. 2013 - 27
By
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 ttacrEwski
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Affordable Housing Act creating the State Housing Initiatives Partnership ("SHIP"r";gri foM
the specific purpose of supporting and expanding the availability of affordable housr`resr rceo---
within the State; and !-'' ; -v ffi" 1
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WHEREAS, the Collier County Board of County Commissioners (Bo.:.4 a4 pted
Ordinance No. 93-19 on April 13, 1993, creating a local housing assistance mist`
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
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
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
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
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this n day of apAL. , 2013.
ATTEST:. BOARD OF COUNTY COMMISSIONERS
DWIGH' p4RPCK, CLERK COL ' CO ►QTY, FLORIDA
exttgAk Aw144 0 L • By
: -, a,, puty Clerk eorgia A. Hiller, Esq.
'Y, Chairwoman
Appt'oved' s (Arm
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and legal sufficiency:
Je fer B. White
Assistant County Attorney 1,-,\.fr-) \\3)
This ordinance filed with the
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2013 Collier County SHIP Local Housing Assistance Program Ordinance
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- and' Clerk .
Ex-officio to Boak;i of., ;
County Commissi6rier'9-
OWItt
By: Ann nejohn,
Deputy Clerk