Agenda 03/12/2013 Item #16D3 3/12/2013 16.D.3.
EXECUTIVE SUMMARY
Recommendation to authorize staff to advertise adoption of a single consolidated ordinance
establishing the Collier County SHIP Local Housing Assistance Program for consideration by the
Board at a future meeting, that repeals the State Housing Initiatives Partnership (SHIP) Program
Ordinance (Ordinance No. 93-19, as amended) and the Affordable Housing Advisory Committee
Ordinance(Ordinance No. 91-65,as amended).
OBJECTIVE: To remove redundancies and inconsistencies between the (SHIP) Program
Ordinance and Affordable Housing Advisory Committee Ordinance by authorizing the
advertisement of a single consolidated ordinance establishing the Collier County SHIP Local
Housing Assistance Program Ordinance.
CONSIDERATIONS: On November 8, 2011, Item 9.C, the Board of County Commissioners
("Board") expressed a desire to review the functions, powers, and duties of the Affordable
Housing Advisory Committee to determine if the focus of the Committee was consistent with the
current housing market conditions and incentive strategies.
On July 24, 2012, Agenda Item 16.D.3, staff requested and the Board authorized it to advertise
proposed changes to the Affordable Housing Advisory Committee Ordinance (Ordinance No.
91-65) of which notice was published on September 12, 2012.
The key changes approved at that time were:
Amend functions,powers, and duties:
• Remove reference to linkage and inclusionary zoning
• Add language to direct the Committee to proactively investigate strategy,policy, method,
and best practice recommendations relating to affordable housing that are consistent with the
Growth Management Plan
Amend duties of department heads:
• Update responsible department to reflect current name
• Replace reference to Growth Management Plan with general phrase"affordable housing
activities"
Staff has since been working with a state technical advisor of the State Housing Initiatives
Partnership Program in order to assure effective and compliant operations. In accordance with
this, and following the above noted advertisement date, staff received a recommendation to
simplify by adopting a single consolidated Ordinance that incorporates the requirements set forth
in Florida Statutes, Sections 420.907- 420.9070 and Chapter 67-37, Florida Administrative Code
by reference. This action would repeal and replace both the existing State Housing Initiatives
Partnership (SHIP) Program Ordinance (Ordinance No. 93-19, as amended) and the Affordable
Housing Advisory Committee Ordinance (Ordinance No. 91-65, as amended).
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The consolidated ordinance was drafted in close coordination with the state technical advisor and
County Attorney's Office and includes the changes approved by the BCC in July 2012.
Key points of the consolidated ordinance include:
1 - The provisions of Chapter 420, Part VII, Florida Statutes, State Housing Initiatives
Partnership, are incorporated by reference into the proposed ordinance. As such, if the
applicable State Regulations change in the future, the ordinance is not required to be modified in
order to remain consistent with State law.
2 - The size and composition of the AHAC will not change.
3 - The Board may sunset or suspend meetings of the AHAC upon submission of the Triennial
Incentive Report and reconvene the AHAC no later than March 2 of the year that the Incentive
Report is due.
4 - The City of Naples will retain the opportunity to appoint members to the AHAC and that
provision will be proposed in the SHIP Interlocal Agreement that will be brought to the Board
for consideration in the near future.
The proposed consolidated ordinance was presented to the AHAC on January 7, 2013 and was
recommended for approval by the four members present.
The statutory and administrative code provisions governing the SHIP program are back-up to
this item.
FISCAL IMPACT: Funds are available within the SHIP Grant Fund 191 Project 44209 to cover
the cost of the advertising estimated at$300.
LEGAL CONSIDERATIONS: The requirements of Section 420.9072 (2) (b), Florida Statutes
have been met. Accordingly,this item is legally sufficient and requires a majority vote for Board
action. -JBW
GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with
this action.
RECOMMENDATION: To authorized staff to advertise the proposed ordinance amendment
for consideration by the Board at a future meeting.
Prepared By: Kristi Sonntag, Federal/State Grants Manager; Housing, Human, and Veteran
Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.3.
Item Summary: Recommendation to authorize staff to advertise an ordinance that
repeals the State Housing Initatives Partnership (SHIP) Program Ordinance (Ordinance No. 93-
19, as amended) and the Affordable Housing Advisory Committee Ordinance (Ordinance No.
91-65, as amended) and adopt a single consolidated ordinance establishing the Collier County
SHIP Local Housing Assistance Program for consideration by the Board at a future meeting.
Meeting Date: 3/12/2013
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing,Human&Veteran Servi
2/13/2013 11:20:36 AM
Submitted by
Title: SHIP Loan Processor,Housing,Human&Veteran Servi
Name:DoriaPriscilla
2/13/2013 11:20:38 AM
Approved By
Name: SonntagKristi
Date: 2/17/2013 9:39:20 PM
Name: GrantKimberley
Title:Interim Director,HHVS
Date: 2/22/2013 3:44:12 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 2/25/2013 9:54:56 AM
Name: Joshua Thomas
Title: Grants Support Specialist,
Date: 2/27/2013 9:10:59 AM
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ANOW
Name: PriceLen
Title: Administrator, Administrative Services
Date: 2/27/2013 12:34:06 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 2/28/2013 3:02:13 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 2/28/2013 5:17:55 PM
Name: FinnEd
Title: Senior Budget Analyst,OMB
Date: 3/1/2013 5:35:08 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/4/2013 9:42:18 AM
Name: KlatzkowJeff
Amok
Title: County Attorney
Date: 3/4/2013 3:47:00 PM
Name: OchsLeo
Title: County Manager
Date: 3/6/2013 10:02:05 AM
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ORDINANCE NO. 2013 -
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 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, 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.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY Asittp
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.
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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.
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The committee shall meet at least triennially and submit a report to the local governing mow
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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this day of ,2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Georgia A. Hiller, Esq.
Chairwoman
Approved as to form
and legal sufficiency:
Jennifer B. White ,�
Assistant County Attorney 1,V)
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FLORIDA HOUSING FINANCE CORPORATION
CHAPTER 67-37 FLORIDA ADMINISTRATIVE CODE
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
67-37.002 Definitions.
67-37.005 Local Housing Assistance Plans.
67-37.006 Review of Local Housing Assistance Plans and Amendments.
67-37.007 Uses of and Restrictions Upon SHIP Local Housing Distribution Funds for Local Housing Assistance Plans.
67-37.008 Local Housing Assistance Trust Fund.
67-37.010 Local Affordable Housing Advisory Committees and Incentive Strategies.
67-37.011 Interlocal Entities.
67-37.019 Compliance Procedures
67-37.002 Definitions.
As used in this rule chapter,the following definitions shall apply:
(1)"Administrative Expenditures"means those expenditures directly related to implementation of the Local Housing Assistance
Plans.
(2)"Annual Gross Income"means Annual Gross Income as defined in Section 420.9071(4),F.S.
(3) "Annual Report"means a report required to be completed and submitted to the Corporation by September 15 of each year
pursuant to Section 420.9075(10),F.S.
(4)"Assisted Housing"or"Assisted Housing Development"means Assisted Housing as defined in Section 420.9071(29),F.S.
(5)"Catalyst"means the Affordable Housing Catalyst Program as described in Section 420.531,F.S.
(6)"Debt Service"means the amount required in any fiscal year to pay the principal of,redemption premium,if any,and interest on
bonds and any amounts required by the terms of the documents authorizing,securing,or providing liquidity for bonds necessary to
maintain in effect any such liquidity or security arrangements.
(7) "Default"means the failure to make required payments on a fmancial loan secured by a first mortgage which may lead to
foreclosure and loss of property ownership.
(8) "Deferred Payment Loan" means Funds provided to a borrower under terms that calls for repayment to be delayed for a
certain length of time,until certain circumstances change,or a certain threshold is met.
(9)"Eligible Housing"means as defined in Section 420.9071(8),F.S.
(10)"Encumbered"means that deposits made to the local affordable housing trust fund have been committed by contract,or
purchase order,letter of commitment or award in a manner that obligates the county,eligible municipality,or interlocal entity to
expend the amount upon delivery of goods,the rendering of services,or the conveyance of real property by a vendor,supplier,
contractor,or owner.
(11)"Essential Service Personnel"means,pursuant to Chapter 2006-69,Laws of Florida,persons in need of affordable housing
who are employed in occupations or professions in which they are considered essential service personnel,as defmed by each county
and eligible municipality within its respective local housing assistance plan pursuant to Section 420.9075(3)(a),F.S.
(12)"Expended"or"Spent"means the affordable housing activity is complete and funds deposited to the local affordable housing
trust fund have been transferred from the local housing assistance trust fund account to pay for the cost of the activity.
(13)"Extremely Low Income Household"or"ELP"means one or more natural persons or a family that has a total annual gross
household income that does not exceed 30 percent of the area median income adjusted for family size for households within the
metropolitan statistical area,the county,or the non-metropolitan median for the state,whichever is greatest.
(14) "Foreclosure"means the legal action by a mortgage holder to require repayment of a Loan through the sale of the subject
property.
(15) "Forgivable Loan" means a loan with no repayment obligation if program requirements are met for a specified period of
time.
(16)"Grant"means Grant as defmed in Section 420.9071(12),F.S.
(17)"Home Ownership Activities"means the use of the local affordable housing trust fund moneys for the purpose of providing
owner-occupied housing. Such uses include construction,rehabilitation,purchase,and lease-purchase fmancing where the primary
purpose is the eventual purchase of the housing by the occupant within twenty-four months from initial execution of a lease
agreement or within twenty-four(24)months of the applicable fiscal year,whichever occurs first,to meet the requirement of
subsection(8).
(18) "Interlocal Entity" means an entity created pursuant to the provisions of Chapter 163, Part I, F.S., for the purpose of
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establishing a joint local housing assistance plan pursuant to the provisions of Section 420.9072(5),F.S.
(19)"Loan"means Loan as defined in Section 420.9071(13),F.S.
(20)"Local Housing Incentive Strategies"means Local Housing Incentive Strategies as defined in Section 420.9071(16),F.S.
(21) "Persons Who Have Special Housing Needs" means individuals who have incomes not exceeding moderate-income and,
because of particular social, economic, or health-related circumstances, have greater difficulty acquiring or maintaining affordable
housing.Such persons include:those who have encountered resistance to their residing in particular communities;suffered increased
housing costs resulting from their unique needs and high risk of institutionalization;persons with developmental disabilities;persons
with mental illnesses or chemical dependency; persons with Acquired Immune Deficiency Syndrome ("AIDS") and Human
Immunodeficiency Virus ("HIV") disease; runaways and abandoned youth; public assistance recipients; migrant and seasonal farm
workers;refugees and entrants;the elderly;and disabled adults.
(22)"Preservation"means Preservation as defined in Section 420.9071(30),F.S.
(23)"Recaptured Funds"means Recaptured Funds as defined in Section 420.9071(25),F.S.
(24)"Rehabilitation"means repairs or improvements which are needed for safe or sanitary habitation, correction of substantial
code violations,or the creation of additional living space.
(25)"Review Committee"means the committee established pursuant to Section 420.9072(3)(a),F.S.
(26)"SHIP"or"SHIP Program"means the State Housing Initiatives Partnership Program created pursuant to the State Housing
Initiative Partnership Act,Sections 420.907-.9079,F.S.
(27)"State"means the State of Florida.
(28) "Sub Recipient" means a person or non-state organization contracted by a SHIP eligible local government and
compensated with SHIP funds to provide administration of any portion of the SHIP program.
(29)"Welfare Transition Program"means a program pursuant to the provisions of Section 445.006,F.S.
Rulemaking Authority 420.9072(9)FS., Ch. 2000-69, Laws of Florida. Law Implemented 420.9072 FS. History—New 11-26-92, Amended 2-9-94,
12-28-94, 1-6-98,Formerly 91-37.002,Amended 12-26-99, 9-22-03, 1-30-05, 11-5-06,2-24-08, 11-22-09.
67-37.005 Local Housing Assistance Plans(LHAP).
(1)To be eligible for SHIP funding for a state fiscal year,a county or eligible municipality shall submit and receive approval of its
local housing assistance plan and amendments thereto as provided in Rule 67-37.006,F.A.C.Plans must be submitted to the
Corporation by May 2 preceding the end of the fiscal year in which the current plan expires.New Plans must be submitted utilizing
the LHAP Template 2009,No.001 adopted and incorporated herein by reference with an effective date of 11/09.A copy of the
LHAP Template 2009 No.001 may be obtained at http://www.floridahousing.org/Home/HousingPartners/LocalGovernments/.In
the case of new eligible municipalities,plans must be submitted to the Corporation by May 2 of the state fiscal year prior to the state
fiscal year they are eligible for funding.No SHIP local housing distribution funds shall be distributed in any fiscal year to any
county or eligible municipality unless and until an approved plan is in place with respect to such fiscal year.
(2)The effective period of a local housing assistance plan may be up to three years. Counties or eligible municipalities which
receive plan approval for more than one fiscal year shall not be required to resubmit a new plan until May 2 of the year in which the
approved plan expires.
(3)Each local housing assistance plan shall include a description of the local housing assistance plan and incentive strategies,
shall reference the requirements of Section 420.907-.9079, F.S., et seq., and how each of those requirements shall be met, and shall
describe the process which the local government has followed to develop the Plan.A county or eligible municipality may choose to
use SHIP local housing distribution funds for one or more of the activities described in Rule 67-37.007,F.A.C.
(4)The county or eligible municipality shall provide in its local housing assistance plan a complete description of all strategies
and activities to be undertaken as described in Rule 67-37.005,F.A.C.
(5) For each strategy or use of local housing distribution funds, the county or eligible municipality shall provide, in its local
housing assistance plan,the following information:
(a)The proposed dollar amount of the local housing distribution to be used for each strategy, stated for each State fiscal year in
a multi-year plan;
(b)The estimated number of households proposed to be served for each strategy and income category;
(c) The maximum amount of funding per unit for each strategy, and the estimated amount of funding for new construction,
rehabilitation or non-construction activities. On a multi-year plan, this information must be stated separately for each State fiscal
year;
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(d)The maximum sales price of new and existing units.For community land trust purposes the value of the land is not included
in the purchase price. The information required for paragraphs (a) through (d) shall be included on the "Housing Delivery Goals
Chart #2002," and is adopted and incorporated herein by reference with an effective date of 9-22-03, which is required to be
completed for each fiscal year. A copy of the "Housing Delivery Goals Chart #2002 may be obtained at http://www.florida
housing.org. Click on:Housing Partners;then Local Goverments(SHIP);then on Local Housing Assistance Plans;
(e)The statement that monthly rents or monthly mortgage payments,including taxes and insurance,do not exceed 30 percent of an
amount representing the percentage of the area's median Annual Gross Income for the household as indicated in Section
420.9071(19), (20)or(28),F.S.However,it is not the intent to limit an individual household's ability to devote more than 30
percent of its income for housing.Housing for which a household devotes more than 30 percent of its income shall be deemed
affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30
percent benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size established by the
Corporation;
(f) A description of the extent to which a strategy is implemented by combining resources through a partnership in order to
reduce the cost of housing;
(g)A description of the support services that will be made available to the residents of the housing;and
(h)A description of the initiatives which will be used to conduct outreach and to attract applicants for assistance;
(i) A description of how the strategies further the housing element, goals, policies, and objectives of the local government's
comprehensive plan.
(6) Each local housing assistance plan shall also include a statement, and evidence thereof, that the county or eligible
municipality:
(a)Has a plan to advertise a notice of funding availability of the housing assistance plan at least 30 days before the beginning of
the application period in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods unless a
waiting list of applicants exists.The advertisement shall:
1.Identify the amount of the distribution projected to be received from the state for the fiscal year;
2.List the beginning and end date of the application period;
3. Provide the name of the local plan contact person and other pertinent information including where applicants may apply for
assistance.
(b)Include other such information that the local governments deem necessary such as:
1.An estimated amount of SHIP local housing distribution per strategy;
2.Income set asides for each strategy along with applicable income limits;
3.A description of the selection criteria for each strategy;or
4.The maximum housing value limitation for each strategy;
(c)Has a policy stating that once a waiting list has been exhausted and funds remain unencumbered, the local government will
advertise as instructed in Section 420.9075(4)(b),F.S.
(d)Has developed a qualification system and selection criteria for applications for awards to eligible sponsors,which includes a
description that demonstrates how eligible sponsors that employed personnel from the Welfare Transition Program will be given
preference in the selection process, adopted criteria for selection of eligible persons, and adopt a maximum Award schedule or
system of amounts consistent with the intent and budget of its local housing assistance plan,with Sections 420.907-.9079,F.S.;
(e) Certifies that the staff or entity that has administrative authority for implementing a local housing assistance plan assisting
rental developments shall annually monitor and determine tenant eligibility throughout the 15 year compliance period as described at
subsection 67-37.007(11),F.A.C.
(f) Has established a time line for the expenditure of SHIP local housing distribution funds in sufficient detail to allow for a
comparison of such plan with actual expenditures. The time line must also provide, in sufficient detail,an alternate course of action
should the local government determine it will not meet program encumbrance and/or expenditure requirements.The time line should
include specific dates the local staff plan to review to determine plan efficiency and efficacy. The information submitted must be
presented separately for each State fiscal year;
(g) Has established a procedure for the tracking and expenditure of program income and Recaptured Funds from loan
repayments, reimbursements, Foreclosures or other repayments, and interest earnings on the local housing distribution funds. Such
provision shall evidence compliance with the provisions of Rule 67-37.007,F.A.C.;
(h)Has a plan to: Encumber the local housing distribution funds deposited into the local housing assistance trust fund for each
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State fiscal year by June 30 one year following the end of the applicable State fiscal year;
(i)Has a plan for the local housing distribution deposited into the local housing assistance trust fund to be Expended for eligible
persons or eligible sponsor within 24 months of the close of the applicable State fiscal year. In all cases, this will apply when the
project is completed as evidenced by documentation of fmal payment to the contractor and release of all lien waivers,issuance of the
certificate of occupancy by the local building department in the case of a new home or proof of the final building inspection for
housing rehabilitation, and occupancy by an eligible person or eligible household. In the case of a loan guarantee strategy, the
deposits to the local housing assistance trust fund will be considered expended when they are deposited from the local housing
assistance trust fund into the guarantee fund. The funds deposited to the local housing assistance trust fund must be spent within
twenty-four months from the end of the applicable State fiscal year. Exceptions to this time frame must be approved by Florida
Housing Finance Corporation SHIP Program Administrator or a majority vote of the Review Committee on a case-by-case basis.
Exceptions will only be granted for good cause. Examples of good cause are natural disasters,requirements of other State agencies,
adverse market conditions, and unavoidable development delays. Adequate documentation detailing the reasons for the requested
extension as well as a timeline for completing the expenditure of funds must be submitted to the Corporation before an extension
will be granted, e.g.,project status, work plan and completion schedule, commitment of funds, etc. The Corporation may require a
local government requesting an expenditure extension to receive technical assistance through the Catalyst program to evaluate the
need for an extension.
(7)Each local housing assistance plan shall include a detailed line-item budget of proposed Administrative Expenditures.These
must be presented on an annual basis for each State fiscal year submitted;
(8) Each local housing assistance plan shall include a copy of the ordinance and its amendments, if the original ordinance has
been amended from its original submission,as required by Section 420.9072(2)(b),F.S.;and
(9)Each local housing assistance plan shall include a disaster strategy describing activities to be undertaken in the event of an
emergency or natural disaster which has been declared by executive order. The local government may use the Disaster Strategy
(08/04)hereby adopted and incorporated by reference with an effective date of 1-30-05. A copy is available on Florida Housing's
website at http://www.floridahousing.org/Home/HousingPartners/LocalGovernments/. Local governments may use unencumbered
SHIP funds to carry out activities of disaster relief. Recipients of SHIP funds under a local government's disaster strategy shall be
required to verify income by executing a Disaster Self Certification of Income Form (08/04), hereby adopted and incorporated by
reference with an effective date of 1-30-05 or a local government's form that requires the same information. A copy is available on
the Corporation's website at http://www.floridahousing.org/Home/HousingPartners/LocalGovernments/. Pay check stubs and other
forms of proof are required. Documentation required for SHIP income qualification may be waived if unavailable. The county or
eligible municipality shall make every effort reasonable to insure that the recipients of SHIP funds are income qualified.
(10) Each county and eligible municipality shall include a definition of essential service personnel for the county or eligible
municipality. Such defmition may include teachers and educators; other school district, community college, and university
employees; police and fire personnel; health care personnel; skilled building trades personnel; and other job categories as required
by Section 420.9075(3)(a),F.S.
(11)Each county and eligible municipality may develop a strategy within its local housing assistance plan that emphasizes the
recruitment and retention of Essential Service Personnel pursuant to Section 420.9075(3)(b),F.S.If a county or eligible municipality
creates a strategy as referenced above before the current plan expires, an amendment shall be submitted to the Corporation in
underline and strikethrough format as provided in subsection 67-37.005(17),F.A.C.
(12)A county or eligible municipality may use SHIP funds for persons or families whose total annual household income does
not exceed one hundred forty percent of the area median income,adjusted for family size;this use of funds does not relieve the local
government from meeting the requirements of Section 420.9075(5)(e)2.,F.S.
(13) Each county or eligible municipality may develop a strategy within its local housing assistance plan that addresses the
needs of persons who are deprived of affordable housing due to the closure of a mobile home park or the conversion of affordable
rental units to condominiums pursuant to Section 420.9075(3)(c),F.S.
(14) Each county and eligible municipality shall include initiatives in the local housing assistance plan identifying current and
emerging green building and design techniques and explain how these techniques are to be integrated into its housing strategies both
for sustainability and promote greater affordability pursuant to Section 420.9075(3)(d),F.S.
(15)Each county and eligible municipality may develop a strategy within its local housing assistance plan for the Preservation
of assisted rental housing.
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(16) A county or eligible municipality may develop a strategy within its local housing assistance plan to provide a one-time Aliko
relocation Grant up to$5,000 to eligible households who are subject to eviction from rental property due to foreclosure of the rental
property. At the time of application, eligible households must submit a notice of eviction; and proof that rent was paid at least 3
months before the date of eviction,including the month the eviction notice was served.This subsection expires July 1,2010.
(17)For plans adopted prior to the effective date of this rule,the Corporation shall not require submission of an amendment to
include a stategy for Essential Service Personnel unit such time as the current plan expires. If a county or eligibility municipality
creates a strategy as referenced above before the current plan expires, an amendment must be submitted to the Corporation in
underline and strikethrough format as provided in subsection 67-37.005(18),F.A.C.
(18) A copy of the local housing assistance plan shall be submitted to the Corporation, via electronic submission. The local
housing assistance plan's certification and resolution pages shall be mailed to the Corporation and shall bear the original signature of
the authorized official which includes: Mayor, Commissioner, County Manager or City Manager or the authorized official's
designee and a certification that the document being submitted is the county's, eligible municipality's or interlocal entity's local
housing assistance plan and that all provisions of the plan conform to the requirements of Section 420.9072,F.S., et seq., and Rule
Chapter 67-37, F.A.C. Each local housing assistance plan shall contain a table of contents or checklist, which specifies exactly
where in the documentation required items shall be located.Each local housing assistance plan amendment shall be written with text
which is being deleted shown in strikethrough format and text which is being added shown in underlined format.Within two weeks
after receipt of final approval letter, the local government shall provide to the Corporation, via electronic submission, a complete
clean copy(no strike through or underline)for Corporation files.
(19) Any recently hired staff or new entity employed or contracted to administer any portion of the SHIP program having no
previous experience with the SHIP program shall receive on site,telephonic and e-mail training through the Catalyst program.
Rulemaking Authority 420.9072(9) FS., Ch. 2006-69, Laws of Florida. Law Implemented 420.9072(2), 420.9075 FS. History-New 11-26-92,
Amended 5-2-93,2-9-94, 12-28-94, 1-6-98,Formerly 91-37.005,Amended 12-26-99, 9-22-03, 1-30-05, 11-5-06,2-24-08, 11-22-09.
67-37.006 Review of Local Housing Assistance Plans and Amendments.
(1)Local housing assistance plans and amendments shall be reviewed and approved by a Review Committee appointed by the
Executive Director. In the event that a quorum is not convened for the review of a plan or an amendment to a plan, action can be -
taken with a simple majority vote of those members present for the review.
(2)Any county or eligible municipality desiring review of any plan or amendment prior to adoption by the local government
body shall submit it for review to the Review Committee. The plan or amendment will be reviewed by the Review Committee,
which will recommend it for approval or identify inconsistencies with the requirements of the SHIP program Rule Chapter 67-37,
F.A.C.,and Sections 420.907-.9079,F.S.,within 30 days after receipt.
(3) Amendments to an approved local housing assistance plan must be adopted by resolution and the county or eligible
municipality must provide a copy to the Review Committee within 21 days after adoption. A county or eligible municipality must
amend its plan if at any time a strategy will be deleted or a new strategy will be added. However, an amendment must at all times
maintain consistency with SHIP program requirements.All amendments will be reviewed by the Review Committee.
(4) A county or eligible municipality which has adopted a Plan or an amendment that has been determined by the Review
Committee to be inconsistent with the requirements of the SHIP program, shall make necessary revisions identified by the Review
Committee within 45 days of receipt of the Committee's comments.
Rulemaking Authority 420.9072(9)FS. Law Implemented 420.9072(2)FS. History-New 11-26-92, Amended 2-9-94, 12-28-94, 1-6-98, Formerly
91-37.006,Amended 12-26-99, 9-22-03, 2-24-08, 11-22-09.
67-37.007 Uses of and Restrictions Upon SHIP Local Housing Distribution Funds for Local Housing Assistance Plans.
(1)SHIP local housing distribution funds shall be used to implement the local housing assistance plan.The benefit of assistance
provided through the SHIP program must accrue to eligible persons occupying Eligible Housing. This provision shall not be
construed to prohibit use of the local housing distribution deposited into the local housing assistance trust fund for a mixed-income
rental development. SHIP local housing distribution funds may be used:
(a)To implement the local housing assistance plan and incentive strategies that create or preserve affordable housing;
(b)To supplement Corporation programs, for example: the State Apartment Incentive Loan Program established under Section
420.5087, F.S., the Community Workforce Housing Innovation Pilot Program and Home Ownership Assistance Program (HAP)
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established under Section 420.5088, F.S., with the SHIP local housing distribution funds directed to uses within the local
government jurisdiction;
(c)To provide local match to obtain federal housing grants or programs,such as HOME,established by 24 CFR,Part 92;
(d) To fund emergency repairs by existing service providers under weatherization programs, pursuant to Sections 409.509-
.5093,F.S.;and
(e) To further the housing element of the local government comprehensive plan adopted pursuant to Section 163.3184, F.S.,
specific to affordable housing.
(2)SHIP local housing distribution funds may be used for both home ownership and rental housing activities.However, at least
sixty-five percent of each local government's local housing distributions must be used for home ownership activities. The
expenditure of program income is exempt from this requirement.
(3) At least seventy-five percent of a local government's SHIP local housing distributions must be used for construction,
rehabilitation or emergency repairs of affordable, Eligible Housing. Construction, rehabilitation, or emergency repairs must be
completed either within one year immediately preceding the date of conveyance of title (i.e., closing) or within 24 months of the
close of the applicable State fiscal year to satisfy this requirement, unless otherwise extended as provided at paragraph 67-
37.005(6)(i),F.A.C.The expenditure of program income is exempt from this requirement.For purposes of this rule, SHIP recipients
may rely on the following expenditures to be considered construction,rehabilitation or emergency repair costs:
(a)Those hard costs which are typically or customarily treated as construction costs by institutional lenders;
(b)Payment of impact fees;
(c)Infrastructure expenses typically paid by the developer;
(d)Construction soft costs such as engineering studies and appraisals, if directly related to housing construction, rehabilitation
or emergency repairs;
(e)Relocation costs associated with rehabilitation of the residence usually occupied by a tenant or home owner;and
(f) Financing, or "buy-down" costs, if directly attributable to assisting eligible persons to own a home or obtain rental
occupancy (e.g., security and utility deposit assistance) in a home or unit which has obtained a certificate of occupancy in the 12-
month period immediately preceding the contract for sale and purchase or has never been occupied or lease of the premises. When
used to purchase an existing housing unit, closing costs and down payment assistance will be considered toward fulfilling the 75
percent construction requirement only if the housing unit receives rehabilitation. Any other costs may be submitted to the Review
Committee for review and approval.
(4) A county or eligible municipality may spend up to 20 percent of the funds made available in each county and eligible
municipality from the local housing distribution for manufactured housing as referenced in Section 420.9075(5)(c),F.S.
(5)The Corporation shall review and approve expenditures for the following categories as Administrative Expenditures:
(a)Salaries of persons directly responsible for preparation of the plans or reporting required as part of the administration of the
local SHIP plan. The salary allocated to SHIP Administrative Expenditures of any employee shall reflect activities involving
administration of the SHIP program; no SHIP program funds are permitted to be expended for the administration of activities not
involving SHIP funds.
(b)Office expenditures of persons responsible for the administration of the local SHIP plan;
(c) Studies conducted by the county or eligible municipality or by consultants selected by the county or eligible municipality to
provide data on affordable housing need and demand in the area;and
(d)Expenditures related to travel,training, education, and public information initiatives necessary for the administration of the
SHIP program.
(e) Administrative Expenditures detailed in the local housing assistance plan which do not fit in these categories shall be
analyzed by the Review Committee,which shall make a determination as to whether the proposed expenditures shall be approved as
Administrative Expenditures.
(f) Small counties and eligible municipalities receiving a local housing distribution of up to$350,000 may use up to 10 percent
of program income for administrative costs.
(6)The balance of the local housing distribution funds and other funds deposited into the local housing assistance trust fund must be
used for housing production and fmance activities,including: financing preconstruction activities,fmancing the purchase of existing
units,providing rental housing,and providing home ownership training to prospective home buyers and owners of homes assisted
through the local housing assistance plan.
(7)The sales price or value of new or existing homes which are sold or rehabilitated under the SHIP Program shall not exceed
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90 percent of the average area purchase price in the statistical area in which the housing is located. The local government at its
discretion may set the sales price or value below the 90 percent benchmark. The maximum area purchase price shall not exceed the
limit established by the United States Department of Treasury or that calculated in accordance with Section 420.9075(5)(d),F.S.
(8)Loans issued using local housing distribution funds deposited to the local housing assistance trust fund may not have terms
exceeding 30 years, except for Deferred Payment Loans or Forgivable Loans that extend beyond 30 years which continue to serve
eligible persons.
(9) All units constructed, rehabilitated, or otherwise assisted with local housing distributions provided from the local housing
assistance trust fund must be occupied by eligible persons as required by Section 420.9075(4)(e)1., F.S. The remainder may be
reserved for eligible persons or eligible sponsors that will serve eligible persons.
(10)Monthly mortgage payments,including taxes and insurance,and monthly rental payments must be affordable for very low,
low-and moderate-income persons and households.
(11)Rental units constructed,rehabilitated or otherwise assisted from the local housing assistance trust fund must be monitored
at least annually for 15 years or the term of assistance, whichever is longer, for compliance with tenant income and affordability
requirements, except as referenced in Section 420.9075(4)(e), F.S. In determining the maximum allowable rents, 30 percent of the
applicable income category divided by 12 months shall be used based on the number of bedrooms.A one-person household shall be
used for an efficiency unit,and for units with separate bedrooms,one and one-half persons per bedroom shall be used.A rental limit
chart based on the above calculation adjusted for bedroom size will be provided to the local governments by the Corporation
annually.
(12)All Loans and Grants for houses constructed,rehabilitated or otherwise assisted from the local housing assistance trust fund
shall be subject to recapture requirements as described by the county or eligible municipality in its local housing assistance plan.
Any strategy proposed that will award funds as a Grant without any recapture requirements shall be submitted to the Corporation
denoted as a Grant as part of the local housing assistance plan for approval by the Review Committee.
(13)Developers receiving assistance from both SHIP and the Low-Income Rental Housing Tax Credit(LIHTC)Program shall be
required to comply with the income,affordability and other LIHTC requirements. Similarly,any units receiving assistance from
SHIP and other federal,State or local programs shall be required to comply with any requirements specified by the other program in ow
addition to SHIP program requirements.In the event both programs have restrictions on the same issue,the more restrictive
regulation shall take precedence.If one program is silent on an issue,the program with a regulation on the issue shall apply.
(14) The local government may require that housing units receiving assistance from local housing distribution funds deposited
to the local housing assistance trust fund be located within the boundaries of the local government's jurisdiction which has been
approved for receipt of local housing distribution funds.
(15)Local housing distribution funds deposited to the local housing assistance trust fund shall not be used as a pledge of the
debt service on bonds or as rent subsidies.
(16)Pursuant to Section 420.9073(5), F.S., in the event of a disaster declared by an Executive Order of the Governor, counties
and eligible municipalities may request funding for activities described in its local housing assistance plan or under the disaster
strategy.Requests for additional funds shall be submitted in writing and shall include the name of the local government and amount
of funds requested and a schedule of when the funds being requested are to be expended. The request shall also include the number
of households to be assisted, addresses, damage assessment performed by FEMA, the Department of Emergency Management, or
other local agency performing disaster assessments and dollar estimate of repairs. Disaster funds shall be disbursed to local
governments based on demonstrated need on a first come, first-served basis pending availability of funds. Counties and eligible
municipalities receiving additional funds for disaster that have unencumbered funds shall expend the unencumbered funds before
requesting disaster funds.Disaster activities shall be included in the Annual Report submitted by local jurisdictions by September 15
following the close of the fiscal year.
(17)Pursuant to Section 420.9073(6),F.S.,counties and eligible municipalities may request funds to be used for the purchase of
properties subject to a SHIP lien on which foreclosure proceedings have been initiated. Counties and eligible municipalities
receiving these funds shall repay these funds to the Corporation no later than the expenditure deadline for the fiscal year in which the
funds were expended.Any funds not repaid shall be withheld from the subsequent year's distribution.Requests for these funds shall
be submitted in writing and shall include the name of the local government, amount of funds requested, address of property(ies)
being acquired, cost of purchase, amount of existing SHIP subsidy and a schedule of when the funds being requested are to be
expended.These funds will be disbursed to local governments on a first come,first served basis pending availability of funds.
fir.
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Rulemaking Authority 420.9072(9)FS. Law Implemented 420.9072 FS. History—New 11-26-92,Amended 2-9-94, 12-28-94, 1-6-98, Formerly 91-
37.007,Amended 12-26-99, 9-22-03, 11-5-06,2-24-08, 11-22-09.
67-37.008 Local Housing Assistance Trust Fund.
(1) Amounts on deposit in each local housing assistance trust fund shall be invested as permitted by law for the local housing
distribution funds of the applicable local government(s). All investment earnings shall be retained in such fund and used for the
purposes thereof.
(2) The local housing assistance trust fund shall be separately stated as a special revenue fund in a county's or eligible
municipality's audited financial statements. Copies of such audited financial statements shall be forwarded annually to the
Corporation no later than June 30th of the following fiscal year. In addition to providing audited financial statements, all
participating jurisdictions must provide evidence of compliance with the Florida Single Audit Act, as referenced in Section
215.97(6),F.S.
(3) In addition to the Annual Report requirements outlined in Section 420.9075(10), F.S., local governments shall submit
information as required on the annual report for:
(a)Foreclosure rates on SHIP loans
(b) Administrative Expenditures separately stated for the costs of the local government and any Sub Recipients administering
the program.
(c)Total Recaptured Funds and program income separately stated for event type(Foreclosure,sale of property,refinance).
(d) A list of Sub Recipients that administer any portion of the SHIP program. The list shall include name of person or
organization,business type,a description of the strategies and responsibilities for each sub recipient or consultant.
(e)Tracking of persons with disabilities and any other additional program information needed by the Corporation.
(f) Annual Reports shall be submitted to the Corporation via the internet using SHIP Annual Report"Form SHIP AR/2009".
SHIP Annual Report, "Form SHIP AR/2009" is adopted and incorporated herein by reference with an effective date of 11/2009. A
copy of SHIP Annual Report,"Form SHIP AR/2009"may be obtained at www.floridahousing.org. Click on Housing Partners;then
Local Governments(SHIP);then click on SHIP Annual Reports.
(4)An interlocal entity shall have its local housing assistance trust fund separately audited for each State fiscal year.The audit shall
be forwarded to the Corporation as soon as available,but no later than June 30th of the following fiscal year.
(5)Local governments which have had an audit,review or investigation involving SHIP funds will send the Corporation a copy
of any related report within 10 days of the issuance of such report.
Rulemaking Authority 420.9072(9)FS. Law Implemented 420.9075(5)FS. History—New 11-26-92,Amended 2-9-94, 1-6-98, Formerly 91-37.008,
Repromulgated 12-26-99,Amended 9-22-03, 1-30-05, 11-5-06,2-24-08, 11-22-09.
67-37.010 Local Affordable Housing Advisory Committees and Incentive Strategies.
(1) The affordable housing advisory committee, as established in Section 420.9076(3), F.S., must approve the local affordable
housing incentive strategy recommendations at a public hearing by affirmative vote of a majority of the membership of the advisory
committee.
(2) The affordable housing advisory committee shall evaluate established policies, procedures, ordinances, land development
regulations, and the local government comprehensive plan submitted and report to the local government governing board including
recommended changes as established in Section 420.9076, F.S. The initial report shall be submitted to the local government
governing board by December 31, 2008. After this initial submission, the reports are required to be submitted triennially on
December 31 of the year preceding the submission of the local housing assistance plan. For local governments required to submit a
local housing assistance plan on May 2, 2010, the report submitted by December 31, 2008 shall constitute the required report for
December 31,2009.
(3) The county or eligible municipality shall transmit to the Corporation an electronic copy of the report which has been
submitted to the local governing board for consideration by May 2 of the year following the report due date.
(4)A county or eligible municipality which does not have an established affordable housing advisory committee shall establish
said committee and appoint all required members by June 30,2008.
(5) Local governments that administer the SHIP program under an Interlocal Agreement as established in Rule 67-37.011,
F.A.C., and have one LHAP may request approval from the Corporation to use the same affordable housing advisory committee.
When one advisory committee is utilized for the local governments participating in an Interlocal Agreement,the advisory committee
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shall comply with all requirements for advisory committees as established in Section 420.9076, F.S., for each of the local
governments in the Interlocal Agreement separately.
Rulemaking Authority 420.9072(9)FS. Law Implemented 420.907, 420.9076 FS. History—New 2-9-94, 1-6-98, Formerly 91-37.010,Amended 12-
26-99,Repromulgated 9-22-03,Amended 2-24-08, 11-22-09.
67-37.010 Local Affordable Housing Advisory Committees and Incentive Strategies.
(1) The affordable housing advisory committee, as established in Section 420.9076(3),F.S., must approve the local affordable
housing incentive strategy recommendations at a public hearing by affirmative vote of a majority of the membership of the advisory
committee.
(2) The affordable housing advisory committee shall evaluate established policies, procedures, ordinances, land development
regulations, and the local government comprehensive plan submitted and report to the local government governing board including
recommended changes as established in Section 420.9076, F.S. The initial report shall be submitted to the local government
governing board by December 31, 2008. After this initial submission, the reports are required to be submitted triennially on
December 31 of the year preceding the submission of the local housing assistance plan.For local governments required to submit a
local housing assistance plan on May 2, 2010, the report submitted by December 31, 2008 shall constitute the required report for
December 31,2009.
(3) The county or eligible municipality shall transmit to the Corporation an electronic copy of the report which has been
submitted to the local governing board for consideration by May 2 of the year following the report due date.
(4)A county or eligible municipality which does not have an established affordable housing advisory committee shall establish
said committee and appoint all required members by June 30,2008.
(5) Local governments that administer the SHIP program under an Interlocal Agreement as established in Rule 67-37.011,
F.A.C., and have one LHAP may request approval from the Corporation to use the same affordable housing advisory committee.
When one advisory committee is utilized for the local governments participating in an Interlocal Agreement,the advisory committee
shall comply with all requirements for advisory committees as established in Section 420.9076, F.S., for each of the local
governments in the Interlocal Agreement separately.
Rulemaking Authority 420.9072(9)FS. Law Implemented 420.907, 420.9076 FS. History—New 2-9-94, 1-6-98, Formerly 91-37.010,Amended 12-
26-99,Repromulgated 9-22-03,Amended 2-24-08, 11-22-09.
67-37.011 Interlocal Entities.
(1)The interlocal agreement shall specify whether a single report for all jurisdictions or individual reports for each participating
local government shall be submitted pursuant to Section 420.9075(10),F.S.
(2)New eligible municipalities which intend to become a member of an established interlocal entity must:
(a) Adopt an ordinance which creates the affordable housing advisory committee, establishes responsibility for plan
administration and,if applicable,establishes the local affordable housing trust fund.
(b)Adopt by resolution a local housing assistance plan and adopt by resolution the appointments to the advisory committee.
(3)All members of the existing interlocal entity must adopt by resolution an amendment to the local housing assistance plan to
include the new eligible municipality.
Specific Authority 420.9072(9) FS. Law Implemented 420.9072(5) FS. History—New 11-26-92, Amended 2-9-94, 1-6-98, Formerly 91-37.011,
Amended 12-26-99, 9-22-03,2-24-08.
67-37.019 Compliance Monitoring for Housing Developed With SHIP Local Housing Distribution Funds.
(1) The local government staff or entity with administrative authority for a local housing assistance plan shall maintain a
financial tracking system which ensures that the local housing distribution funds disbursed from the local housing trust fund are
expended in accordance with the set-aside requirements in Rule 67-37.007, F.A.C., within deadlines established in subsection 67-
37.005(6),F.A.C. and in compliance with Section 420.9075,F.S.Failure by the local government staff or entity with administrative
authority to properly track SHIP funds shall result in the local government being deemed in non-compliance with the SHIP program.
In this circumstance, the local government or administrative entity shall be required to receive technical assistance through the
Catalyst program.
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(2)The combined household Annual Gross Income of an applicant who is applying as an owner/occupant of a residence shall be
verified and certified by the SHIP program administrator or designee using one of the following methods:
(a)Section 8 housing assistance payments programs in 24 C.F.R.part 5;or
(b)Annual income as reported under the census long form for the recent available decennial census;or
(c)Adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 for individual federal
annual income tax purposes.
(3) Income shall be calculated by annualizing verified sources of income for the household as the amount of income to be
received in a household during the 12 months following the effective date of the determination.Whichever income verification and
certification method is used,the Annual Gross Income,as defined in Section 420.9071(4),F.S.,must be used and the SHIP Program
income limits cannot be exceeded. SHIP funds Expended on households that are determined to not be income qualified through a
compliance monitoring or audit shall be repaid in full to the local housing trust fund from non-SHIP funds to be reallocated to an
eligible SHIP activity. In this circumstance, the local government or administrative entity may be required to receive technical
assistance through the Affordable Housing Catalyst Program.
(4) The local government staff or entity with authority for administering a local housing assistance plan assisting rental
developments shall monitor annually and determine tenant eligibility and the amount of subsidy using the same guidelines as
specified at subsection(2)above,at least annually for 15 years or the term of assistance,whichever is longer.The Corporation shall
monitor the activities of the local governments to determine compliance with program requirements as defined in Section
420.9075(4)(e),F.S.
(5) The local government staff or entity with administrative authority for a local housing assistance plan shall provide
documented evidence to the Corporation or its designated monitoring agent,that:
(a)Permits, as defined in Sections 163.3164(7) and (8), F.S., for affordable housing projects are expedited to a greater degree
than other projects;and
(b)There is an ongoing process for review of local policies,ordinances,regulations,and plan provisions that increase the cost of
housing prior to their adoption.
(6) The Corporation, or any duly authorized representative shall be permitted to inspect the local housing assistance plan,
advertisements, applications, income verifications and certifications,plan participation contracts, financial records, tracking system
records,construction cost verification including receipts and contracts,rental development annual reviews,Eligible Sponsor and Sub
Recipient reviews,Eligible Sponsor and Sub Recipient award lists, SHIP fund recipient lists, and any other applicable documents at
any reasonable time with or without notice. Such records shall be maintained within the participating county or eligible municipality
at a place accessible to the Corporation staff or its designated monitoring agent.
(7)Subsequent to a local government SHIP program being monitored by the Corporation or its designated agent and receiving a
copy of the compliance monitoring report, the local government shall submit a written response to any findings or deficiencies
documented in the monitoring report to the Corporation and the designated monitoring agent. The required response shall be
submitted within 30 days and shall include an explanation and/or remedy for each item on the compliance monitoring review form
scoring less than 70 percent,including:
(a)An explanation of the plan for correcting the issue including changes in policies,procedures, staff responsibilities,technical
assistance and training.
(b)For physical inspection findings or deficiencies, an explanation of the corrective work that will be completed to remedy the
finding or deficiencies.
(c)A timeline for correcting the deficiencies.
(d)A plan for repayment of ineligible expenses,if any is required.
(8) If Corporation staff or its designated monitoring agent determines that an eligible jurisdiction has established a pattern of
violation of the criteria of its local housing assistance plan established under Sections 420.907-.9079,F.S.,or that an eligible sponsor
has established a pattern of violation of the applicable award conditions,the Corporation shall:
(a)Report such pattern of violation to the Executive Office of the Governor at which time the distribution of program funds to
the county or eligible municipality shall be suspended.
(b) Require the local government to work with technical assistance provider through the Catalyst program, to develop a
corrective action plan(CAP).
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(c) The CAP shall be submitted to the Corporation within 60 days of the date of the letter from the Corporation notifying the
eligible jurisdiction of the pattern of violation.
(d) The CAP must describe the proposed corrective action for each violation and how the correction actions will be
implemented within 3 months of an approval of the CAP by the Corporation.
(e)The Corporation shall have 30 days to review and approve or recommend changes to the CAP. Upon approval of the CAP,
any undisbursed funds due to the local government shall be distributed.
(9) Projects receiving assistance from the local housing assistance plan and from other State or federal programs which may
have conflicting verification, certification, and monitoring requirements, shall comply with requirements of the most restrictive
program.
(10)Any local government receiving SHIP funds which administers any portion of the SHIP program through a Sub Recipient
shall bear responsibility for actions of the sub recipient and shall monitor all sub recipients to insure compliance is maintained on all
SHIP funded activities. Any contract or agreement between the local government and sub recipient shall detail the policies and
procedures that shall be adhered to in the management of the SHIP activities.
(11) Any contract or document establishing the relationship between a SHIP eligible local government and a non-state
organization which is a Sub Recipient receiving SHIP funds shall contain the standard audit language on Form DFS-A2-CL
(Effective 7/05)of the Florida Single Audit Act in the document.
Rulemaking Authority 420.9072(9)FS.Law Implemented 420.907, 420.9075(3)(e)FS.History—New 2-24-08,Amended 11-22-09.
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PART VII
STATE HOUSING INITIATIVES PARTNERSHIP
420.907 Short title.
420.9071 Definitions.
420.9072 State Housing Initiatives Partnership Program.
420.9073 Local housing distributions.
420.9075 Local housing assistance plans;partnerships.
420.9076 Adoption of affordable housing incentive strategies; committees.
420.9079 Local Government Housing Trust Fund.
420.907 Short title.--Sections 420.907-420.9079 may be cited as the "State Housing Initiatives
Partnership Act."
History.--s.32,ch.92-317.
420.9071 Definitions.--As used in ss. 420.907-420.9079, the term:
(1) "Adjusted for family size" means adjusted in a manner that results in an income eligibility
level that is lower for households having fewer than four people, or higher for households having
more than four people,than the base income eligibility determined as provided in subsection
(19), subsection(20), or subsection(28), based upon a formula established by the United States
Department of Housing and Urban Development.
(2) "Affordable" means that monthly rents or monthly mortgage payments including taxes and
insurance do not exceed 30 percent of that amount which represents the percentage of the median
annual gross income for the households as indicated in subsection (19), subsection(20), or
subsection(28). However, it is not the intent to limit an individual household's ability to devote
more than 30 percent of its income for housing, and housing for which a household devotes more
than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender
is satisfied that the household can afford mortgage payments in excess of the 30 percent
benchmark.
(3) "Affordable housing advisory committee" means the committee appointed by the governing
body of a county or eligible municipality for the purpose of recommending specific initiatives
and incentives to encourage or facilitate affordable housing as provided in s. 420.9076.
(4) "Annual gross income" means annual income as defined under the Section 8 housing
assistance payments programs in 24 C.F.R. part 5; annual income as reported under the census
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long form for the recent available decennial census; or adjusted gross income as defined for
purposes of reporting under Internal Revenue Service Form 1040 for individual federal annual
income tax purposes or as defined by standard practices used in the lending industry as detailed
in the local housing assistance plan and approved by the corporation. Counties and eligible
municipalities shall calculate income by annualizing verified sources of income for the
household as the amount of income to be received in a household during the 12 months
following the effective date of the determination.
(5) "Award" means a loan, grant, or subsidy funded wholly or partially by the local housing
assistance trust fund.
(6) "Community-based organization" means a nonprofit organization that has among its
purposes the provision of affordable housing to persons who have special needs or have very low
income, low income, or moderate income within a designated area, which may include a
municipality, a county, or more than one municipality or county, and maintains, through a
minimum of one-third representation on the organization's governing board, accountability to
housing program beneficiaries and residents of the designated area. A community housing
development organization established pursuant to 24 C.F.R. part 92.2 and a community
development corporation created pursuant to chapter 290 are examples of community-based
organizations.
(7) "Corporation" means the Florida Housing Finance Corporation.
(8) "Eligible housing"means any real and personal property located within the county or the
eligible municipality which is designed and intended for the primary purpose of providing
decent, safe, and sanitary residential units that are designed to meet the standards of the Florida
Building Code or previous building codes adopted under chapter 553, or manufactured housing
constructed after June 1994 and installed in accordance with the installation standards for mobile
or manufactured homes contained in rules of the Department of Highway Safety and Motor
Vehicles, for home ownership or rental for eligible persons as designated by each county or
eligible municipality participating in the State Housing Initiatives Partnership Program.
(9) "Eligible municipality" means a municipality that is eligible for federal community
development block grant entitlement moneys as an entitlement community identified in 24
C.F.R. s. 570, subpart D, Entitlement Grants, or a nonentitlement municipality that is receiving
local housing distribution funds under an interlocal agreement that provides for possession and
administrative control of funds to be transferred to the nonentitlement municipality. An eligible
municipality that defers its participation in community development block grants does not affect
its eligibility for participation in the State Housing Initiatives Partnership Program.
(10) "Eligible person" or "eligible household" means one or more natural persons or a family
determined by the county or eligible municipality to be of very low income, low income, or
moderate income according to the income limits adjusted to family size published annually by
the United States Department of Housing and Urban Development based upon the annual gross
income of the household.
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(11) "Eligible sponsor" means a person or a private or public for-profit or not-for-profit entity
that applies for an award under the local housing assistance plan for the purpose of providing
eligible housing for eligible persons.
(12) "Grant" means an award from the local housing assistance trust fund to an eligible sponsor
or eligible person to partially assist in the construction,rehabilitation, or financing of eligible
housing or to provide the cost of tenant or ownership qualifications without requirement for
repayment as long as the condition of award is maintained.
(13) "Loan" means an award from the local housing assistance trust fund to an eligible sponsor
or eligible person to partially finance the acquisition, construction, or rehabilitation of eligible
housing with requirement for repayment or provision for forgiveness of repayment if the
condition of the award is maintained.
(14) "Local housing assistance plan" means a concise description of the local housing assistance
strategies and local housing incentive strategies adopted by local government resolution with an
explanation of the way in which the program meets the requirements of ss. 420.907-420.9079
and corporation rule.
(15) "Local housing assistance strategies" means the housing construction, rehabilitation, repair,
or finance program implemented by a participating county or eligible municipality with the local
housing distribution or other funds deposited into the local housing assistance trust fund.
(16) "Local housing incentive strategies" means local regulatory reform or incentive programs to
encourage or facilitate affordable housing production, which include at a minimum, assurance
that permits as defined in s. 163.3164(7) and(8) for affordable housing projects are expedited to
a greater degree than other projects; an ongoing process for review of local policies, ordinances,
regulations, and plan provisions that increase the cost of housing prior to their adoption; and a
schedule for implementing the incentive strategies. Local housing incentive strategies may also
include other regulatory reforms, such as those enumerated in s. 420.9076 or those recommended
by the affordable housing advisory committee in its triennial evaluation of the implementation of
affordable housing incentives, and adopted by the local governing body.
(17) "Local housing distributions" means the proceeds of the taxes collected under chapter 201
deposited into the Local Government Housing Trust Fund and distributed to counties and eligible
municipalities participating in the State Housing Initiatives Partnership Program pursuant to s.
420.9073.
(18) "Local housing partnership" means the implementation of the local housing assistance plan
in a manner that involves the applicable county or eligible municipality, lending institutions,
housing builders and developers, real estate professionals, advocates for low-income persons,
community-based housing and service organizations, and providers of professional services
relating to affordable housing. The term includes initiatives to provide support services for
housing program beneficiaries such as training to prepare persons for the responsibility of
homeownership, counseling of tenants, and the establishing of support services such as day care,
health care, and transportation.
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(19) "Low-income person" or"low-income household" means one or more natural persons or a
family that has a total annual gross household income that does not exceed 80 percent of the
median annual income adjusted for family size for households within the metropolitan statistical
area, the county, or the nonmetropolitan median for the state, whichever amount is greatest. With
respect to rental units, the low-income household's annual income at the time of initial
occupancy may not exceed 80 percent of the area's median income adjusted for family size.
While occupying the rental unit, a low-income household's annual income may increase to an
amount not to exceed 140 percent of 80 percent of the area's median income adjusted for family
size.
(20) "Moderate-income person" or"moderate-income household" means one or more natural
persons or a family that has a total annual gross household income that does not exceed 120
percent of the median annual income adjusted for family size for households within the
metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever
is greatest. With respect to rental units, the moderate-income household's annual income at the
time of initial occupancy may not exceed 120 percent of the area's median income adjusted for
family size. While occupying the rental unit, a moderate-income household's annual income may
increase to an amount not to exceed 140 percent of 120 percent of the area's median income
adjusted for family size.
(21) "Personal property" means major appliances, including a freestanding refrigerator or stove,
to be identified on the encumbering documents.
(22) "Plan amendment" means the addition or deletion of a local housing assistance strategy or
local housing incentive strategy. Plan amendments must at all times maintain consistency with
program requirements and must be submitted to the corporation for review pursuant to s.
420.9072(3). Technical or clarifying revisions may not be considered plan amendments but must
be transmitted to the corporation for purposes of notification.
(23) "Population" means the latest official state estimate of population certified pursuant to s.
186.901 prior to the beginning of the state fiscal year.
(24) "Program income" means the proceeds derived from interest earned on or investment of the
local housing distribution and other funds deposited into the local housing assistance trust fund,
proceeds from loan repayments, recycled funds, and all other income derived from use of funds
deposited in the local housing assistance trust fund. It does not include recaptured funds as
defined in subsection (25).
(25) "Recaptured funds" means funds that are recouped by a county or eligible municipality in
accordance with the recapture provisions of its local housing assistance plan pursuant to s.
420.9075(5)(h) from eligible persons or eligible sponsors, which funds were not used for
assistance to an eligible household for an eligible activity, when there is a default on the terms of
a grant award or loan award.
(26) "Rent subsidies" means ongoing monthly rental assistance. The term does not include
initial assistance to tenants, such as grants or loans for security and utility deposits.
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(27) "Sales price" or"value" means, in the case of acquisition of an existing or newly
constructed unit, the amount on the executed sales contract. For eligible persons who are
building a unit on land that they own, the sales price is determined by an appraisal performed by
a state-certified appraiser. The appraisal must include the value of the land and the improvements
using the after-construction value of the property and must be dated within 12 months of the date
construction is to commence. The sales price of any unit must include the value of the land in
order to qualify as eligible housing as defined in subsection(8). In the case of rehabilitation or
emergency repair of an existing unit that does not create additional living space, sales price or
value means the value of the real property, as determined by an appraisal performed by a state-
certified appraiser and dated within 12 months of the date construction is to commence or the
assessed value of the real property as determined by the county property appraiser. In the case of
rehabilitation of an existing unit that includes the addition of new living space, sales price or
value means the value of the real property, as determined by an appraisal performed by a state-
certified appraiser and dated within 12 months of the date construction is to commence or the
assessed value of the real property as determined by the county property appraiser,plus the cost
of the improvements in either case.
(28) "Very-low-income person" or"very-low-income household" means one or more natural
persons or a family that has a total annual gross household income that does not exceed 50
percent of the median annual income adjusted for family size for households within the
metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever
is greatest. With respect to rental units, the very-low-income household's annual income at the
time of initial occupancy may not exceed 50 percent of the area's median income adjusted for
family size. While occupying the rental unit, a very-low-income household's annual income may
increase to an amount not to exceed 140 percent of 50 percent of the area's median income
adjusted for family size.
(29) "Assisted housing" or"assisted housing development" means a rental housing development,
including rental housing in a mixed-use development, that received or currently receives funding
from any federal or state housing program.
(30) "Preservation" means actions taken to keep rents in existing assisted housing affordable for
extremely-low-income,very-low-income, low-income, and moderate-income households while
ensuring that the property stays in good physical and financial condition for an extended period.
History.--s.32,ch.92-317; s. 12,ch.93-181;s.3,ch.96-332;s. 1046,ch.97-103;s.34,ch.97-167;s. 14,ch.98-
56;s. 14,ch.2000-353; s.21,ch.2006-69; s.26,ch.2009-96.
420.9072 State Housing Initiatives Partnership Program.--The State Housing Initiatives
Partnership Program is created for the purpose of providing funds to counties and eligible
municipalities as an incentive for the creation of local housing partnerships, to expand
production of and preserve affordable housing,to further the housing element of the local
government comprehensive plan specific to affordable housing, and to increase housing-related
employment.
(1)(a) In addition to the legislative findings set forth in s. 420.6015, the Legislature finds that
affordable housing is most effectively provided by combining available public and private
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resources to conserve and improve existing housing and provide new housing for very-low-
income households, low-income households, and moderate-income households. The Legislature
intends to encourage partnerships in order to secure the benefits of cooperation by the public and
private sectors and to reduce the cost of housing for the target group by effectively combining all
available resources and cost-saving measures. The Legislature further intends that local
governments achieve this combination of resources by encouraging active partnerships between
government, lenders,builders and developers,real estate professionals, advocates for low-
income persons, and community groups to produce affordable housing and provide related
services. Extending the partnership concept to encompass cooperative efforts among small
counties as defined in s. 120.52(19), and among counties and municipalities is specifically
encouraged. Local governments are also intended to establish an affordable housing advisory
committee to recommend monetary and nonmonetary incentives for affordable housing as
provided in s. 420.9076.
(b) The Legislature further intends that the State Housing Initiatives Partnership Program
provide the maximum flexibility to local governments to determine the use of funds for housing
programs while ensuring accountability for the efficient use of public resources and guaranteeing
that benefits are provided to those in need.
(2)(a) To be eligible to receive funds under the program, a county or eligible municipality must:
1. Submit to the corporation its local housing assistance plan describing the local housing
assistance strategies established pursuant to s. 420.9075;
2. Within 12 months after adopting the local housing assistance plan, amend the plan to
incorporate the local housing incentive strategies defined in s. 420.9071(16) and described in s.
420.9076; and
3. Within 24 months after adopting the amended local housing assistance plan to incorporate the
local housing incentive strategies, amend its land development regulations or establish local
policies and procedures, as necessary, to implement the local housing incentive strategies
adopted by the local governing body. A county or an eligible municipality that has adopted a
housing incentive strategy pursuant to s. 420.9076 before the effective date of this act shall
review the status of implementation of the plan according to its adopted schedule for
implementation and report its fmdings in the annual report required by s. 420.9075(10). If, as a
result of the review, a county or an eligible municipality determines that the implementation is
complete and in accordance with its schedule, no further action is necessary. If a county or an
eligible municipality determines that implementation according to its schedule is not complete, it
must amend its land development regulations or establish local policies and procedures, as
necessary, to implement the housing incentive plan within 12 months after the effective date of
this act, or if extenuating circumstances prevent implementation within 12 months,pursuant to s.
420.9075(13), enter into an extension agreement with the corporation.
(b) A county or an eligible municipality seeking approval to receive its share of the local
housing distribution must adopt an ordinance containing the following provisions:
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1. Creation of a local housing assistance trust fund as described in s. 420.9075(6).
2. Adoption by resolution of a local housing assistance plan as defined in s. 420.9071(14) to be
implemented through a local housing partnership as defined in s. 420.9071(18).
3. Designation of the responsibility for the administration of the local housing assistance plan.
Such ordinance may also provide for the contracting of all or part of the administrative or other
functions of the program to a third person or entity.
4. Creation of the affordable housing advisory committee as provided in s. 420.9076.
The ordinance must not take effect until at least 30 days after the date of formal adoption.
Ordinances in effect prior to the effective date of amendments to this section shall be amended as
needed to conform to new provisions.
(3)(a) The governing board of the county or of an eligible municipality must submit to the
corporation one copy of its local housing assistance plan. The transmittal of the plan must
include a copy of the ordinance, the adopting resolution, the local housing assistance plan, and
such other information as the corporation requires by rule; however, information to be included
in the plan is intended to demonstrate consistency with the requirements of ss. 420.907-420.9079
and corporation rule without posing an undue burden on the local government. Plans shall be
reviewed by a committee composed of corporation staff as established by corporation rule.
(b) Within 30 days after receiving a plan, the review committee shall review the plan and either
approve it or identify inconsistencies with the requirements of the program. The corporation shall
assist a local government in revising its plan if it initially proves to be inconsistent with program
requirements. A plan that is revised by the local government to achieve consistency with
program requirements shall be reviewed within 30 days after submission. The deadlines for
submitting original and revised plans shall be established by corporation rule; however, the
corporation shall not require submission of a new local housing assistance plan to implement
amendments to this act until the currently effective plan expires.
(c) The Legislature intends that approval of plans be expedited to ensure that the production of
needed housing and the related creation of jobs occur as quickly as possible. After being
approved for funding, a local government may amend by resolution its local housing assistance
plan if the plan as amended complies with program requirements; however, a local government
must submit its amended plan for review according to the process established in this subsection
in order to ensure continued consistency with the requirements of the State Housing Initiatives
Partnership Program.
(4) Moneys in the Local Government Housing Trust Fund shall be distributed by the corporation
to each approved county and eligible municipality within the county as provided in s. 420.9073.
Distributions shall be allocated to the participating county and to each eligible municipality
within the county according to an interlocal agreement between the county governing authority
and the governing body of the eligible municipality or, if there is no interlocal agreement,
according to population. The portion for each eligible municipality is computed by multiplying
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the total moneys earmarked for a county by a fraction, the numerator of which is the population
of the eligible municipality and the denominator of which is the total population of the county.
The remaining revenues shall be distributed to the governing body of the county.
(5)(a) Local governments are encouraged to make the most efficient use of their resources by
cooperating to provide affordable housing assistance. Local governments may enter into an
interlocal agreement for the purpose of establishing a joint local housing assistance plan subject
to the requirements of ss. 420.907-420.9079. The local housing distributions for such counties
and eligible municipalities shall be directly disbursed on a monthly basis to each county or
eligible municipality to be administered in conformity with the interlocal agreement providing
for a joint local housing assistance plan.
(b) If a county or eligible municipality enters into an interlocal agreement with a municipality
that becomes eligible as a result of entering into that interlocal agreement, the county or eligible
municipality that has agreed to transfer the control of funds to a municipality that was not
originally eligible must ensure through its local housing assistance plan and through the
interlocal agreement that all program funds are used in a manner consistent with ss. 420.907-
420.9079. This must be accomplished by:
1. Providing that the use of the portion of funds transferred to the municipality meets all
requirements of ss. 420.907-420.9079, or
2. Providing that the use of the portion of funds transferred to the municipality, when taken in
combination with the use of the local housing distribution from which funds were transferred,
meets all requirements of ss. 420.907-420.9079.
(6) The moneys that otherwise would be distributed pursuant to s. 420.9073 to a local
government that does not meet the program's requirements for receipts of such distributions shall
remain in the Local Government Housing Trust Fund to be administered by the corporation.
(7) A county or an eligible municipality must expend its portion of the local housing distribution
only to implement a local housing assistance plan or as provided in this subsection.
(a) A county or an eligible municipality may not expend its portion of the local housing
distribution to provide rent subsidies; however,this does not prohibit the use of funds for
security and utility deposit assistance.
(b) A county or an eligible municipality may expend a portion of the local housing distribution
to provide a one-time relocation grant to persons who meet the income requirements of the State
Housing Initiatives Partnership Program and who are subject to eviction from rental property
located in the county or eligible municipality due to the foreclosure of the rental property. In
order to receive a grant under this paragraph, a person must provide the county or eligible
municipality with proof of meeting the income requirements of a very-low-income household, a
low-income household, or a moderate-income household; a notice of eviction; and proof that the
rent has been paid for at least 3 months before the date of eviction, including the month that the
notice of eviction was served. Relocation assistance under this paragraph is limited to a one-time Ask
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grant of not more than $5,000 and is not limited to persons who are subject to eviction from
projects funded under the State Housing Initiatives Partnership Program. This paragraph expires
July 1, 2010.
(8) Funds distributed under this program may not be pledged to pay the debt service on any
bonds.
(9) The corporation shall adopt rules necessary to implement ss. 420.907-420.9079.
History.--s.32,ch.92-317; s. 13,ch.93-181;s.35,ch.97-167; s. 81,ch.2000-153;s.22,ch.2006-69;s. 19,ch.
2008-104;s.27,ch.2009-96.
420.9073 Local housing distributions.--
(1) Distributions calculated in this section shall be disbursed on a quarterly or more frequent
basis by the corporation pursuant to s. 420.9072, subject to availability of funds. Each county's
share of the funds to be distributed from the portion of the funds in the Local Government
Housing Trust Fund received pursuant to s. 201.15(9) shall be calculated by the corporation for
each fiscal year as follows:
(a) Each county other than a county that has implemented the provisions of chapter 83-220,
Laws of Florida, as amended by chapters 84-270, 86-152, and 89-252,Laws of Florida, shall
receive the guaranteed amount for each fiscal year.
(b) Each county other than a county that has implemented the provisions of chapter 83-220,
Laws of Florida, as amended by chapters 84-270, 86-152, and 89-252, Laws of Florida,may
receive an additional share calculated as follows:
1. Multiply each county's percentage of the total state population excluding the population of
any county that has implemented the provisions of chapter 83-220, Laws of Florida, as amended
by chapters 84-270, 86-152, and 89-252, Laws of Florida,by the total funds to be distributed.
2. If the result in subparagraph 1. is less than the guaranteed amount as determined in subsection
(3), that county's additional share shall be zero.
3. For each county in which the result in subparagraph 1. is greater than the guaranteed amount
as determined in subsection(3),the amount calculated in subparagraph 1. shall be reduced by the
guaranteed amount. The result for each such county shall be expressed as a percentage of the
amounts so determined for all counties. Each such county shall receive an additional share equal
to such percentage multiplied by the total funds received by the Local Government Housing
Trust Fund pursuant to s. 201.15(9)reduced by the guaranteed amount paid to all counties.
(2) Distributions calculated in this section shall be disbursed on a quarterly or more frequent
basis by the corporation pursuant to s. 420.9072, subject to availability of funds. Each county's
share of the funds to be distributed from the portion of the funds in the Local Government
Housing Trust Fund received pursuant to s. 201.15(10) shall be calculated by the corporation for
each fiscal year as follows:
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(a) Each county shall receive the guaranteed amount for each fiscal year. wow
(b) Each county may receive an additional share calculated as follows:
1. Multiply each county's percentage of the total state population,by the total funds to be
distributed.
2. If the result in subparagraph 1. is less than the guaranteed amount as determined in subsection
(3), that county's additional share shall be zero.
3. For each county in which the result in subparagraph 1. is greater than the guaranteed amount,
the amount calculated in subparagraph 1. shall be reduced by the guaranteed amount. The result
for each such county shall be expressed as a percentage of the amounts so determined for all
counties. Each such county shall receive an additional share equal to this percentage multiplied
by the total funds received by the Local Government Housing Trust Fund pursuant to s.
201.15(10) as reduced by the guaranteed amount paid to all counties.
(3) Calculation of guaranteed amounts:
(a) The guaranteed amount under subsection(1) shall be calculated for each state fiscal year by
multiplying $350,000 by a fraction, the numerator of which is the amount of funds distributed to
the Local Government Housing Trust Fund pursuant to s. 201.15(9) and the denominator of
which is the total amount of funds distributed to the Local Government Housing Trust Fund
Aosoft
pursuant to s. 201.15.
(b) The guaranteed amount under subsection(2) shall be calculated for each state fiscal year by
multiplying $350,000 by a fraction, the numerator of which is the amount of funds distributed to
the Local Government Housing Trust Fund pursuant to s. 201.15(10) and the denominator of
which is the total amount of funds distributed to the Local Government Housing Trust Fund
pursuant to s. 201.15.
(4) Funds distributed pursuant to this section may not be pledged to pay debt service on any
bonds.
(5) Notwithstanding subsections (1)-(4), the corporation may withhold up to $5 million of the
total amount distributed each fiscal year from the Local Government Housing Trust Fund to
provide additional funding to counties and eligible municipalities where a state of emergency has
been declared by the Governor pursuant to chapter 252. Any portion of the withheld funds not
distributed by the end of the fiscal year shall be distributed as provided in subsections (1) and
(2).
(6) Notwithstanding subsections (1)-(4), the corporation may withhold up to $5 million from the
total amount distributed each fiscal year from the Local Government Housing Trust Fund to
provide funding to counties and eligible municipalities to purchase properties subject to a State
Housing Initiative Partnership Program lien and on which foreclosure proceedings have been
initiated by any mortgagee. Each county and eligible municipality that receives funds under this
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subsection shall repay such funds to the corporation not later than the expenditure deadline for
the fiscal year in which the funds were awarded. Amounts not repaid shall be withheld from the
subsequent year's distribution. Any portion of such funds not distributed under this subsection by
the end of the fiscal year shall be distributed as provided in subsections(1) and(2).
(7) A county receiving local housing distributions under this section or an eligible municipality
that receives local housing distributions under an interlocal agreement shall expend those funds
in accordance with the provisions of ss. 420.907-420.9079, rules of the corporation, and the
county's local housing assistance plan.
History.--s.32,ch.92-317;s.36,ch.97-167;s. 15,ch.98-56;s.49,ch.99-247;ss. 82, 83,ch.2000-153;s.28,ch.
2009-96.
420.9075 Local housing assistance plans; partnerships.--
(1)(a) Each county or eligible municipality participating in the State Housing Initiatives
Partnership Program shall develop and implement a local housing assistance plan created to
make affordable residential units available to persons of very low income, low income, or
moderate income and to persons who have special housing needs, including,but not limited to,
homeless people, the elderly, migrant farmworkers, and persons with disabilities. Counties or
eligible municipalities may include strategies to assist persons and households having annual
incomes of not more than 140 percent of area median income. The plans are intended to increase
the availability of affordable residential units by combining local resources and cost-saving
measures into a local housing partnership and using private and public funds to reduce the cost of
housing.
(b) Local housing assistance plans may allocate funds to:
1. Implement local housing assistance strategies for the provision of affordable housing.
2. Supplement funds available to the corporation to provide enhanced funding of state housing
programs within the county or the eligible municipality.
3. Provide the local matching share of federal affordable housing grants or programs.
4. Fund emergency repairs, including,but not limited to, repairs performed by existing service
providers under weatherization assistance programs under ss. 409.509-409.5093.
5. Further the housing element of the local government comprehensive plan adopted pursuant to
s. 163.3184, specific to affordable housing.
(2)(a) Each county and each eligible municipality participating in the State Housing Initiatives
Partnership Program shall encourage the involvement of appropriate public sector and private
sector entities as partners in order to combine resources to reduce housing costs for the targeted
population. This partnership process should involve:
1. Lending institutions.
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2. Housing builders and developers.
3. Nonprofit and other community-based housing and service organizations.
4. Providers of professional services relating to affordable housing.
5. Advocates for low-income persons, including,but not limited to,homeless people, the
elderly, and migrant farmworkers.
6. Real estate professionals.
7. Other persons or entities who can assist in providing housing or related support services.
(b) The specific participants in partnership activities may vary according to the community's
resources and the nature of the local housing assistance plan.
(3)(a) Each local housing assistance plan shall include a definition of essential service personnel
for the county or eligible municipality, including,but not limited to, teachers and educators,
other school district, community college, and university employees,police and fire personnel,
health care personnel, skilled building trades personnel, and other job categories.
(b) Each county and each eligible municipality is encouraged to develop a strategy within its
local housing assistance plan that emphasizes the recruitment and retention of essential service
personnel. The local government is encouraged to involve public and private sector employers.
Compliance with the eligibility criteria established under this strategy shall be verified by the
county or eligible municipality.
(c) Each county and each eligible municipality is encouraged to develop a strategy within its
local housing assistance plan that addresses the needs of persons who are deprived of affordable
housing due to the closure of a mobile home park or the conversion of affordable rental units to
condominiums.
(d) Each county and each eligible municipality shall describe initiatives in the local housing
assistance plan to encourage or require innovative design, green building principles, storm-
resistant construction, or other elements that reduce long-term costs relating to maintenance,
utilities, or insurance.
(e) Each county and each eligible municipality is encouraged to develop a strategy within its
local housing assistance plan which provides program funds for the preservation of assisted
housing.
(4) Each local housing assistance plan is governed by the following criteria and administrative
procedures:
(a) Each county, eligible municipality, or entity formed through interlocal agreement to
participate in the State Housing Initiatives Partnership Program must develop a qualification
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system and selection criteria for applications for awards by eligible sponsors, adopt criteria for
the selection of eligible persons, and adopt a maximum award schedule or system of amounts
consistent with the intent and budget of its local housing assistance plan, with ss. 420.907-
420.9079, and with corporation rule.
(b) The county or eligible municipality or its administrative representative shall advertise the
notice of funding availability in a newspaper of general circulation and periodicals serving ethnic
and diverse neighborhoods, at least 30 days before the beginning of the application period. If no
funding is available due to a waiting list, no notice of funding availability is required.
(c) In accordance with the provisions of ss. 760.20-760.37, it is unlawful to discriminate on the
basis of race, creed, religion, color, age, sex, marital status, familial status,national origin, or
handicap in the award application process for eligible housing.
(d) As a condition of receipt of an award,the eligible sponsor or eligible person must
contractually commit to comply with the affordable housing criteria provided under ss. 420.907-
420.9079 applicable to the affordable housing objective of the award. The plan criteria adopted
by the county or eligible municipality must prescribe the contractual obligations required to
ensure compliance with award conditions.
(e) The staff or entity that has administrative authority for implementing a local housing
assistance plan assisting rental developments shall annually monitor and determine tenant
eligibility or,to the extent another governmental entity provides the same monitoring and
determination, a municipality, county, or local housing financing authority may rely on such
monitoring and determination of tenant eligibility. However, any loan or grant in the original
amount of$3,000 or less shall not be subject to these annual monitoring and determination of
tenant eligibility requirements.
(5) The following criteria apply to awards made to eligible sponsors or eligible persons for the
purpose of providing eligible housing:
(a) At least 65 percent of the funds made available in each county and eligible municipality from
the local housing distribution must be reserved for home ownership for eligible persons.
(b) At least 75 percent of the funds made available in each county and eligible municipality
from the local housing distribution must be reserved for construction, rehabilitation, or
emergency repair of affordable, eligible housing.
(c) Not more than 20 percent of the funds made available in each county and eligible
municipality from the local housing distribution may be used for manufactured housing.
(d) The sales price or value of new or existing eligible housing may not exceed 90 percent of the
average area purchase price in the statistical area in which the eligible housing is located. Such
average area purchase price may be that calculated for any 12-month period beginning not earlier
than the fourth calendar year prior to the year in which the award occurs or as otherwise
established by the United States Department of the Treasury.
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(e)1. All units constructed, rehabilitated, or otherwise assisted with the funds provided from the
local housing assistance trust fund must be occupied by very-low-income persons, low-income
persons, and moderate-income persons except as otherwise provided in this section.
2. At least 30 percent of the funds deposited into the local housing assistance trust fund must be
reserved for awards to very-low-income persons or eligible sponsors who will serve very-low-
income persons and at least an additional 30 percent of the funds deposited into the local housing
assistance trust fund must be reserved for awards to low-income persons or eligible sponsors
who will serve low-income persons. This subparagraph does not apply to a county or an eligible
municipality that includes, or has included within the previous 5 years, an area of critical state
concern designated or ratified by the Legislature for which the Legislature has declared its intent
to provide affordable housing. The exemption created by this act expires on July 1, 2013, and
shall apply retroactively.
(f) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to serve eligible persons.
(g) Loans or grants for eligible rental housing constructed, rehabilitated, or otherwise assisted
from the local housing assistance trust fund must be subject to recapture requirements as
provided by the county or eligible municipality in its local housing assistance plan unless
reserved for eligible persons for 15 years or the term of the assistance, whichever period is
longer. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining
mortgages funded under this program must give a first right of refusal to eligible nonprofit
organizations for purchase at the current market value for continued occupancy by eligible
persons.
(h) Loans or grants for eligible owner-occupied housing constructed, rehabilitated, or otherwise
assisted from proceeds provided from the local housing assistance trust fund shall be subject to
recapture requirements as provided by the county or eligible municipality in its local housing
assistance plan.
(i) The total amount of monthly mortgage payments or the amount of monthly rent charged by
the eligible sponsor or her or his designee must be made affordable.
(j) The maximum sales price or value per unit and the maximum award per unit for eligible
housing benefiting from awards made pursuant to this section must be established in the local
housing assistance plan.
(k) The benefit of assistance provided through the State Housing Initiatives Partnership Program
must accrue to eligible persons occupying eligible housing. This provision shall not be construed
to prohibit use of the local housing distribution funds for a mixed income rental development.
(1) Funds from the local housing distribution not used to meet the criteria established in
paragraph (a) or paragraph(b) or not used for the administration of a local housing assistance
plan must be used for housing production and finance activities, including,but not limited to,
financing preconstruction activities or the purchase of existing units, providing rental housing, Amok
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and providing home ownership training to prospective home buyers and owners of homes
assisted through the local housing assistance plan.
1. Notwithstanding the provisions of paragraphs(a) and (b),program income as defined in s.
420.9071(24)may also be used to fund activities described in this paragraph.
2. When preconstruction due-diligence activities conducted as part of a preservation strategy
show that preservation of the units is not feasible and will not result in the production of an
eligible unit, such costs shall be deemed a program expense rather than an administrative
expense if such program expenses do not exceed 3 percent of the annual local housing
distribution.
3. If both an award under the local housing assistance plan and federal low-income housing tax
credits are used to assist a project and there is a conflict between the criteria prescribed in this
subsection and the requirements of s. 42 of the Internal Revenue Code of 1986, as amended, the
county or eligible municipality may resolve the conflict by giving precedence to the
requirements of s. 42 of the Internal Revenue Code of 1986, as amended, in lieu of following the
criteria prescribed in this subsection with the exception of paragraphs (a) and(e) of this
subsection.
4. Each county and each eligible municipality may award funds as a grant for construction,
rehabilitation, or repair as part of disaster recovery or emergency repairs or to remedy
accessibility or health and safety deficiencies. Any other grants must be approved as part of the
local housing assistance plan.
(6) Each county or eligible municipality receiving local housing distribution moneys shall
establish and maintain a local housing assistance trust fund. All moneys of a county or an
eligible municipality received from its share of the local housing distribution,program income,
recaptured funds, and other funds received or budgeted to implement the local housing assistance
plan shall be deposited into the trust fund; however, local housing distribution moneys used to
match federal HOME program moneys may be repaid to the HOME program fund if required by
federal law or regulations. Expenditures other than for the administration and implementation of
the local housing assistance plan may not be made from the fund.
(7) The moneys deposited in the local housing assistance trust fund shall be used to administer
and implement the local housing assistance plan. The cost of administering the plan may not
exceed 5 percent of the local housing distribution moneys and program income deposited into the
trust fund. A county or an eligible municipality may not exceed the 5-percent limitation on
administrative costs, unless its governing body finds, by resolution, that 5 percent of the local
housing distribution plus 5 percent of program income is insufficient to adequately pay the
necessary costs of administering the local housing assistance plan. The cost of administering the
program may not exceed 10 percent of the local housing distribution plus 5 percent of program
income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and
eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10
percent of program income for administrative costs.
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(8) Pursuant to s. 420.531,the corporation shall provide training and technical assistance to local
governments regarding the creation of partnerships, the design of local housing assistance
strategies, the implementation of local housing incentive strategies, and the provision of support
services.
(9) The corporation shall monitor the activities of local governments to determine compliance
with program requirements and shall collect data on the operation and achievements of housing
partnerships.
(10) Each county or eligible municipality shall submit to the corporation by September 15 of
each year a report of its affordable housing programs and accomplishments through June 30
immediately preceding submittal of the report. The report shall be certified as accurate and
complete by the local government's chief elected official or his or her designee. Transmittal of
the annual report by a county's or eligible municipality's chief elected official, or his or her
designee, certifies that the local housing incentive strategies, or, if applicable, the local housing
incentive plan, have been implemented or are in the process of being implemented pursuant to
the adopted schedule for implementation. The report must include,but is not limited to:
(a) The number of households served by income category, age, family size, and race, and data
regarding any special needs populations such as farmworkers, homeless persons,persons with
disabilities, and the elderly. Counties shall report this information separately for households
served in the unincorporated area and each municipality within the county.
(b) The number of units and the average cost of producing units under each local housing
assistance strategy.
(c) The average area purchase price of single-family units and the amount of rent charged for a
rental unit based on unit size.
(d) By income category, the number of mortgages made, the average mortgage amount, and the
rate of default.
(e) A description of the status of implementation of each local housing incentive strategy, or if
applicable, the local housing incentive plan as set forth in the local government's adopted
schedule for implementation.
(f) A concise description of the support services that are available to the residents of affordable
housing provided by local programs.
(g) The sales price or value of housing produced and an accounting of what percentage was
financed by the local housing distribution, other public moneys, and private resources.
(h) Such other data or affordable housing accomplishments considered significant by the
reporting county or eligible municipality or by the corporation.
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(11) The report shall be made available by the county or eligible municipality for public
inspection and comment prior to certifying the report and transmitting it to the corporation. The
county or eligible municipality shall provide notice of the availability of the proposed report and
solicit public comment. The notice must state the public place where a copy of the proposed
report can be obtained by interested persons. Members of the public may submit written
comments on the report to the county or eligible municipality and the corporation. Written public
comments shall identify the author by name, address, and interest affected. The county or
eligible municipality shall attach a copy of all such written comments and its responses to the
annual report submitted to the corporation.
(12) The corporation shall review the report of each county or eligible municipality and any
written comments from the public and include any comments concerning the effectiveness of
local programs in the report required by s. 420.511.
(13)(a) If, as a result of the review of the annual report or public comment and written response
from the county or eligible municipality, or at any other time,the corporation determines that a
county or eligible municipality may have established a pattern of violation of the criteria for a
local housing assistance plan established under ss. 420.907-420.9079 or that an eligible sponsor
or eligible person has violated the applicable award conditions, the corporation shall report such
pattern of violation of criteria or violation of award conditions to its compliance monitoring
agent and the Executive Office of the Governor. The corporation's compliance monitoring agent
must determine within 60 days whether the county or eligible municipality has violated program
criteria and shall issue a written report thereon. If a violation has occurred, the distribution of
program funds to the county or eligible municipality must be suspended until the violation is
corrected.
(b) If, as a result of its review of the annual report, the corporation determines that a county or
eligible municipality has failed to implement a local housing incentive strategy, or, if applicable,
a local housing incentive plan, it shall send a notice of termination of the local government's
share of the local housing distribution by certified mail to the affected county or eligible
municipality.
1. The notice must specify a date of termination of the funding if the affected county or eligible
municipality does not implement the plan or strategy and provide for a local response. A county
or eligible municipality shall respond to the corporation within 30 days after receipt of the notice
of termination.
2. The corporation shall consider the local response that extenuating circumstances precluded
implementation and grant an extension to the timeframe for implementation. Such an extension
shall be made in the form of an extension agreement that provides a timeframe for
implementation. The chief elected official of a county or eligible municipality or his or her
designee shall have the authority to enter into the agreement on behalf of the local government.
3. If the county or the eligible municipality has not implemented the incentive strategy or
entered into an extension agreement by the termination date specified in the notice, the local
housing distribution share terminates, and any uncommitted local housing distribution funds held
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by the affected county or eligible municipality in its local housing assistance trust fund shall be
transferred to the Local Government Housing Trust Fund to the credit of the corporation to
administer.
4.a. If the affected local government fails to meet the timeframes specified in the agreement,the
corporation shall terminate funds. The corporation shall send a notice of termination of the local
government's share of the local housing distribution by certified mail to the affected local
government. The notice shall specify the termination date, and any uncommitted funds held by
the affected local government shall be transferred to the Local Government Housing Trust Fund
to the credit of the corporation to administer.
b. If the corporation terminates funds to a county,but an eligible municipality receiving a local
housing distribution pursuant to an interlocal agreement maintains compliance with program
requirements, the corporation shall thereafter distribute directly to the participating eligible
municipality its share calculated in the manner provided in s. 420.9072.
c. Any county or eligible municipality whose local distribution share has been terminated may
subsequently elect to receive directly its local distribution share by adopting the ordinance,
resolution, and local housing assistance plan in the manner and according to the procedures
provided in ss. 420.907-420.9079.
(14) If the corporation determines that a county or eligible municipality has expended program
funds for an ineligible activity, the corporation shall require such funds to be repaid to the local
mak
housing assistance trust fund. Such repayment may not be made with funds from the State
Housing Initiatives Partnership Program.
History.--s.32,ch.92-317;s. 14,ch.93-181;s.5,ch.95-153;s.9,ch.95-396;s.81,ch.97-103;s.37,ch.97-167;
s. 15,ch.2000-353;s. 14,ch.2001-98; s.7,ch.2002-160;s.24, ch.2004-243;s.23,ch.2006-69; s.20,ch.2008-
104;s.29,ch.2009-96.
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 affordable
housing advisory committee by resolution. Pursuant to the terms of any interlocal agreement, a
county and municipality may create and jointly appoint an advisory committee to prepare a joint
plan. The ordinance adopted pursuant to s. 420.9072 which creates the advisory committee or the
resolution appointing the advisory committee members must provide for 11 committee members
and their terms. The committee must include:
(a) One citizen who is actively engaged in the residential home building industry in connection
with affordable housing.
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(b) One citizen who is actively engaged in the banking or mortgage banking industry in
connection with affordable housing.
(c) One citizen who is a representative of those areas of labor actively engaged in home building
in connection with affordable housing.
(d) One citizen who is actively engaged as an advocate for low-income persons in connection
with affordable housing.
(e) One citizen who is actively engaged as a for-profit provider of affordable housing.
(f) One citizen who is actively engaged as a not-for-profit provider of affordable housing.
(g) One citizen who is actively engaged as a real estate professional in connection with
affordable housing.
(h) One citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the
local 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) One citizen who resides within the jurisdiction of the local governing body making the
appointments.
(j) One citizen who represents employers within the jurisdiction.
(k) One citizen who represents essential services personnel, as defined in the local housing
assistance plan.
If a county or eligible municipality whether due to its small size, the presence of a conflict of
interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen
actively engaged in these activities in connection with affordable housing, a citizen engaged in
the activity without regard to affordable housing may be appointed. Local governments that
receive the minimum allocation under the State Housing Initiatives Partnership Program may
elect to appoint an affordable housing advisory committee with fewer than 11 representatives if
they are unable to find representatives who meet the criteria of paragraphs (a)-(k).
(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
provided by the appointing county or eligible municipality.
(4) Triennially, the advisory committee shall review the established policies and procedures,
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 recommendations may include the modification or repeal of existing policies, procedures,
ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable
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housing; or the adoption of new policies,procedures, regulations, ordinances, or plan provisions,
including recommendations to amend the local government comprehensive plan and
corresponding regulations, ordinances, and other policies. At a minimum, each advisory
committee shall submit a report to the local governing body that includes recommendations on,
and triennially thereafter evaluates the implementation of, affordable housing incentives in the
following areas:
(a) The processing of approvals of development orders or permits, as defined in s. 163.3164(7)
and(8), for affordable housing projects is expedited to a greater degree than other projects.
(b) The modification of impact-fee requirements, including reduction or waiver of fees and
alternative methods of fee payment for affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very-low-income persons, low-
income persons, and moderate-income persons.
(e) The allowance of affordable accessory residential units in residential zoning districts.
(f) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero-lot-line configurations for
affordable housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers,before adoption,
policies,procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
(j) The preparation of a printed inventory of locally owned public lands suitable for affordable
housing.
(k) The support of development near transportation hubs and major employment centers and
mixed-use developments.
The advisory committee recommendations may also include other affordable housing incentives
identified by the advisory committee. Local governments that receive the minimum allocation
under the State Housing Initiatives Partnership Program shall perform the initial review but may
elect to not perform the triennial review.
(5) The approval by the advisory committee of its local housing incentive strategies
recommendations and its review of local government implementation of previously
recommended strategies must be made by affirmative vote of a majority of the membership of
the advisory committee taken at a public hearing.Notice of the time, date, and place of the public
hearing of the advisory committee to adopt its evaluation and final local housing incentive
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strategies recommendations must be published in a newspaper of general paid circulation in the
county. The notice must contain a short and concise summary of the evaluation and local housing
incentives strategies recommendations to be considered by the advisory committee. The notice
must state the public place where a copy of the evaluation and tentative advisory committee
recommendations can be obtained by interested persons. The final report, evaluation, and
recommendations shall be submitted to the corporation.
(6) Within 90 days after the date of receipt of the evaluation and local housing incentive
strategies recommendations from the advisory committee, the governing body of the appointing
local government shall adopt an amendment to its local housing assistance plan to incorporate
the local housing incentive strategies it will implement within its jurisdiction. The amendment
must include, at a minimum,the local housing incentive strategies required under s.
420.9071(16). The local 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
by certified mail of its adoption of an amendment of its local housing assistance plan to
incorporate local housing incentive strategies. The notice must include a copy of the approved
amended plan.
(a) If the corporation fails to receive timely the approved amended local housing assistance plan
to incorporate local housing incentive strategies, a notice of termination of its share of the local
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 plan 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 by 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 in its local housing assistance trust fund shall be
transferred to the Local Government Housing Trust Fund to the credit of the corporation to
administer the local government housing program.
(b) If a county fails to timely adopt an amended local housing assistance plan to incorporate
local housing incentive strategies but an eligible municipality receiving a local housing
distribution pursuant to an interlocal agreement within the county does timely adopt an amended
local housing assistance plan to incorporate local housing incentive strategies, the corporation,
after receipt of a notice of termination, shall thereafter distribute directly to the participating
eligible municipality its share calculated in the manner provided in s. 420.9072.
(c) Any county or eligible municipality whose local distribution share has been terminated may
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
according 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:
(a) The provision of mentoring services to affordable housing partners including developers,
banking institutions, employers, and others to identify available incentives, assist with
applications for funding requests, and develop partnerships between various parties.
(b) The creation of best practices for the development of affordable housing in the community.
(9) The advisory committee shall be cooperatively staffed by the local government department
or division having authority to administer local planning or housing programs to ensure an
integrated approach to the work of the advisory committee.
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.
2008-4;s.30,ch.2009-96.
420.9079 Local Government Housing Trust Fund.--
(1) There is created in the State Treasury the Local Government Housing Trust Fund, which
shall be administered by the corporation on behalf of the department according to the provisions
of ss. 420.907-420.9076 and this section. There shall be deposited into the fund a portion of the
documentary stamp tax revenues as provided in s. 201.15,moneys received from any other
source for the purposes of ss. 420.907-420.9076 and this section, and all proceeds derived from
the investment of such moneys. Moneys in the fund that are not currently needed for the omfok
purposes of the programs administered pursuant to ss. 420.907-420.9076 and this section shall be
deposited to the credit of the fund and may be invested as provided by law. The interest received
on any such investment shall be credited to the fund.
(2) The corporation shall administer the fund exclusively for the purpose of implementing the
programs described in ss. 420.907-420.9076 and this section. With the exception of monitoring
the activities of counties and eligible municipalities to determine local compliance with program
requirements, the corporation shall not receive appropriations from the fund for administrative or
personnel costs. For the purpose of implementing the compliance monitoring provisions of s.
420.9075(9), the corporation may request a maximum of one-quarter of 1 percent of the annual
appropriation per state fiscal year. When such funding is appropriated, the corporation shall
deduct the amount appropriated prior to calculating the local housing distribution pursuant to ss.
420.9072 and 420.9073.
History.--s.32,ch.92-317;s.40,ch.97-167; s. 16,ch.98-56;s.25,ch.2006-69; s. 11,ch.2009-2;s.32,ch.2009-
96.
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