Resolution 2010-084
RESOLUTION NO. 2010-~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING THE LOCAL HOUSING
ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-
420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA
ADMINISTRATIVE CODE; AUTHORIZING THE CHAIRMAN TO
EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS
NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE
LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL
BY THE FLORIDA HOUSING FINANCE CORPORATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William E. Sadowski
Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a
portion of documentary stamp taxes on deeds to local governments for the
development and maintenance of affordable housing; and
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss.
420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida
Administrative Code, requires local governments to develop a one- to three-year
Local Housing Assistance Plan outlining how funds will be used; and
WHEREAS, the SHIP Act requires local governments to establish the
maximum SHIP funds allowable for each strategy; and
WHEREAS, the SHIP Act further requires local governments to establish
an average area purchase price for new and existing housing benefiting from
awards made pursuant to the Act; The methodology and purchase prices used
are defined in the attached Local Housing Assistance Plan; and
Page 1 of 3
WHEREAS, as required by Chapter 67-37.005(6)(f)3, FAC, .It is found
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(17), 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.
WHEREAS, the Housing and Human Services Department has prepared
a three-year Local Housing Assistance Plan for submission to the Florida
Housing Finance Corporation; and
WHEREAS, the Board of County Commissioners finds that it is in the best
interest of the public for Collier County to submit the Local Housing Assistance
Plan for review and approval so as to qualify for said documentary stamp tax
funds; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Section 1: The Board of County Commissioners of Collier County hereby
approves the Local Housing Assistance Plan, as attached and
incorporated hereto for submission to the Florida Housing Finance
Corporation as required by ss. 420.907-420-9079, Florida Statutes,
for fiscal years 2010-2011, 2011-2012 and 2012-2013.
Page 2 of 3
Section 2: The Chairman of the Board of County Commissioners is hereby
designated and authorized to execute any documents and
certifications required by the Florida Housing Finance Corporation
as related to the Local Housing Assistance Plan, and to do all
things necessary and proper to carry out the term and conditions of
said program.
Section 3: This resolution shall take effect immediately upon its adoption.
THIS RESOLUTION ADOPTED this 2ih day of April, 2010 after motion, second
and majority vote.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By: //1..., ~_ L,;' . (". \J~i
Fred W. Coyle, Chairman"
Approved as to form and
legal sufficiency:
C~7Y1 h.~~
.
Colleen M. Greene
Assistant County Attorney
Page 3 of 3
Title: LHAP Template 2009
No. 001
67.37005(1). FAC.
Effective Dale: 1] /09
Exhibit D
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: Collier County
(I) The local government will advertise the availability of SHIP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local
government (or interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within
24 months following the end of the State fiscal year in which they are received.
(8) The plan confonns to the Local Government Comprehensive Plan, or that an amendment to
the Local Government Comprehensive Plan will be initiated at the next available
opportunity to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
{I 0) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generatcd from activities such as intcrest earned on loans.
(II) Amounts on deposit in the local housing assistancc trust fund shall be invested as permitted
by law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in
the local governments audited financial statements, copies of the audits will be forwarded to
the Corporation as soon as available.
Page 2
Title: LHAP Template 2009
No. 001
67-37.005(1), FAC.
Effective Date: I] 109
Exhibit D
Certification
13) An interlocal entity shall have its local housing assistance trust fund separately audited
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC
requirements, Similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16) 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 service eligible persons.
{I 7) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annually for 15 years for compliance with tenant income requircments and affordability
requirements or as required in Section 420.9075 (3)(e)
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37
F AC, and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida _has or _X_has not
been implemented. (note: Miami Dade County will check "has")
"J'l . Jt C'). (' _H~t) CJ 04/27 /2010
,
Witness Chief Elected Official or designee
Witness
Fred W. Covle - Chairman
Type Name and Title
Date
OR
ATTES f;
DWIGHT Eo BROCK. Clerk
"~~
Jt~ 0It.~
Attest:
(Seal)
Approved as to larm & '''gal sufficiency
~~~~
Colleen Greene,
Assistant County Attorney
2