SHIP RULE

CHAPTER 67-37 STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
67-37.002 Definitions.
67-37.003 Fund Availability and Allocation. (Repealed)
67-37.004 Local Housing Ordinance and Resolution Requirements. (Repealed)
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.
67-37.009 Local Affordable Housing Advisory Committees. (Repealed)
67-37.010 Local Affordable Housing Incentive Strategies.
67-37.011 Interlocal Entities.
67-37.013 Termination of SHIP Local Housing Distribution Funds. (Repealed)
67-37.014 Non-Discrimination Requirements. (Repealed)
67-37.015 Compliance Monitoring for Housing Developed With SHIP Local Housing Distribution Funds. (Transferred to 67-53.005)
67-37.016 Reporting Requirements. (Repealed)
67-37.017 Administration of Remaining Local Housing Distribution Funds. (Repealed)
67-37.018 Appeals. (Repealed)

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 Report” or “Form SHIP-AR/02-1” means a report required to be completed and submitted to the Corporation by September 15 of each year pursuant to Section 420.9075(9), F.S., and is adopted and incorporated herein by reference with an effective date of 9-22-03. A complete copy of Form SHIP-AR/02-1 may be obtained at www.floridahousing.org, or by contacting Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301.
(3) “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.
(4) “Default” means the failure to make required payments on a financial loan secured by a first mortgage which leads to foreclosure and loss of property ownership.
(5) “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
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municipality, or interlocal entity to expend the encumbered amount upon delivery of goods, the rendering of services, or the conveyance of real property by a vendor, supplier, contractor, or owner.
(6) “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.
(7) “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 financing 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 24 months of the applicable fiscal year, whichever occurs first, to meet the requirement of subsection (8).
(8) “Institutional First Mortgage Lender” means any financial institution or governmental agency authorized to conduct business in this state and which customarily provides service or otherwise aids in the financing of mortgages on real property located in this state.
(9) “Interlocal Entity” means an entity created pursuant to the provisions of Chapter 163, Part I, F.S., for the purpose of establishing a joint local housing assistance plan pursuant to the provisions of Section 420.9072(5), F.S.
(10) “Loan” means an award from the local housing assistance trust fund to an eligible sponsor or eligible person to partially or fully 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.
(11) “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, may have greater difficulty acquiring or maintaining affordable housing. Such persons may have, for example, encountered resistance to their residing in particular communities, and may have suffered increased housing costs resulting from their unique needs and high risk of institutionalization. Such persons include: persons with developmental disabilities; persons with mental illnesses or chemical dependency; persons with Acquired Immune Deficiency Syndrome (“AIDS”) and Human Immunodeficiency Virus (“HIV”) disease; runaway and abandoned youth; public assistance recipients; migrant and seasonal farm workers; refugees and entrants; the elderly; and disabled adults.
(12) “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. Local plans may more specifically define local rehabilitation standards.
(13) “Review Committee” means the committee established pursuant to Section 420.9072(3)(a), F.S.
(14) “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.
(15) “State” means the State of Florida.
Specific 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 9I-37.002, Amended 12-26-99, 9-22-03, 1-30-05.
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67-37.005 Local Housing Assistance Plans.
(1) To be eligible for SHIP funding for a state fiscal year, a county or eligible municipality must 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. 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 activities to be undertaken in its local housing assistance plan 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 by income;
(c) The maximum amount of funding per unit, and the estimated amount of funding for new construction, rehabilitation or non-construction activities. On a multi-year plan, this information must be presented separately for each State fiscal year;
(d) The proposed sales price of new and existing units, which can be lower but may not exceed 90 percent of median area purchase price established by the U.S. Treasury Department, or as required by Section 420.9075(4)(c), F.S.;
(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;
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(g) A description of the support services provided by local plans 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. The information required for paragraphs (a) through (d) will 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 www.floridahousing.org or by contacting Florida Housing Finance Corporation, 227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301.
(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, the advertisement must include the following:
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, if applicable, 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) The advertisement may 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;
4. The maximum housing value limitation for each strategy; or
5. A statement that SHIP local housing distribution may not be used to purchase, rehabilitate, or repair mobile homes.
6. Once a waiting list has been exhausted and funds remain unencumbered, advertise as instructed in Section 420.9075(3)(b), F.S.
7. 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 WAGES and Workforce Development Initiatives programs 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.;
(c) 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(10), F.A.C.
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(d) 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;
(e) A provision for the application of program income and recaptured funds from loan repayments, reimbursements 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.;
(f) A provision requiring:
1. The county or eligible municipality to encumber the local housing distribution funds deposited into the local housing assistance trust fund for each State fiscal year by June 30 one year following the end of the applicable State fiscal year;
2. The expenditure of the local housing distribution deposited into the local housing assistance trust fund by any eligible person 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 final 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 must be presented to the Review Committee before an extension will be granted, e.g., project status, work plan and completion schedule, commitment of funds, etc.
3. A detailed listing including line-item budget of proposed Administrative Expenditures. These must be presented on an annual basis for each State fiscal year submitted;
4. 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
5. 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.
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(7) 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 www.floridahousing.org or by contacting the Florida Housing SHIP Staff, 227 North Bronough St., Suite 5000, Tallahassee, FL 32301 or call (850)488-4197. The corporation shall disburse funds for disaster relief proportionately as provided in Section 420.9073(2)(b), F.S. 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 www.floridahousing.org or by contacting the Florida Housing SHIP Staff, 227 North Bronough St., Suite 5000, Tallahassee, FL 32301 or call (850)488-4197. Pay check stubs and other forms of proof are required, if available. Other 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.
(8) A copy of the local housing assistance plan shall be submitted to the Corporation, via U.S. Mail or electronic submission. If submitted electronically, a mailed copy shall be sent to the Corporation within three working days of the plan being electronically transmitted. The mailed copy submitted to the corporation 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 be printed on 8 1/2'' × 11'' paper or electronic submission and contain a table of contents or checklist,
which specifies exactly where in the documentation certain required items shall be located. Each local housing assistance plan amendment shall be coded with text which is being deleted struck through and text being added underlined. Within two weeks after receipt of final approval letter, the local government shall provide to the Corporation a clean copy (no strike through or underline) for Corporation files.
Specific Authority 420.9072(9) FS. 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 9I-37.005, Amended 12-26-99, 9-22-03, 1-30-05.
67-37.006 Review of Local Housing Assistance Plans and Amendments.
(1) Local housing assistance plans and amendments shall be reviewed by a five member 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
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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. The Committee will approve the amendment or identify inconsistencies with the requirements of the SHIP program within 30 days after receipt of the amendment.
(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; however, the Corporation shall not require submission of a new local housing assistance plan to implement amendments imposed by Chapter 97-167, Laws of Florida, until the current effective plan expires.
Specific 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 9I-37.006, Amended 12-26-99, 9-22-03.
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 local housing assistance 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., and HOME Home Ownership Assistance Program (HAP) 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 65 percent of each local government's local housing distributions must be used for home ownership activities.
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(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 subsection 67-37.002(6), F.A.C. 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) The Review Committee will 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;
(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. 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.
(5) 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 finance activities, including: financing 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. Notwithstanding the provisions of subsections (2) and (3) of this section, program income as defined in Section 420.9071(24), F.S., may also be used to fund activities described in this subsection.
(6) The sales price or value of new or existing homes which are sold or rehabilitated under the SHIP Program may not exceed 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
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area purchase price used must be that established by the United States Department of Treasury or that calculated in accordance with Section 420.9075(4)(c), F.S.
(7) 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 loans that extend beyond 30 years which continue to serve eligible persons.
(8) 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)(d)2., F.S. The remainder may be reserved for eligible persons or eligible sponsors that will serve eligible persons.
(9) Monthly mortgage payments, including taxes and insurance, and monthly rental payments must be affordable for the very low-, low- and moderate-income persons and households who will benefit from the local housing assistance plan.
(10) 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, as referenced in Section 420.9075(3)(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.
(11) Loans or grants for houses constructed, rehabilitated or otherwise assisted from the local housing assistance trust fund shall be subject to recapture requirements as provided by the county or eligibility municipality in its local housing assistance plan.
(12) 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 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.
(13) 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 governmental’s jurisdiction which has been approved for receipt of local housing distribution funds.
(14) Local housing distribution funds deposited to the local housing assistance trust fund may not be used as a pledge of the debt service on bonds or as rent subsidies.
Specific 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 9I-37.007, Amended 12-26-99, 9-22-03.
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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 April 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) An interlocal entity shall have its local housing assistance trust fund separately audited for each State fiscal year, which audit shall be forwarded to the Corporation as soon as available, but no later than April 30th of the following fiscal year.
(4) 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.
Specific Authority 420.9072(9) FS. Law Implemented 420.9075(5) FS. History–New 11-26-92, Amended 2-9-94, 1-6-98, Formerly 9I-37.008, Repromulgated 12-26-99, Amended 9-22-03, 1-30-05.
67-37.010 Local Affordable Housing Incentive Strategies.
The advisory committee must approve the local affordable housing incentive strategy recommendations at such public hearing by affirmative vote of a majority (5) of the membership of the advisory committee.
Specific Authority 420.9072(9) FS. Law Implemented 420.907 FS. History–New 2-9-94, 1-6-98, Formerly 9I-37.010, Amended 12-26-99, Repromulgated 9-22-03.
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 Rule 67-37.016, F.A.C.
(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 9I-37.011, Amended 12-26-99, 9-22-03.
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SHIP STATUTE

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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.
420.9078 State administration of remaining local housing distribution funds.
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.
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(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 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. 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
chapter 553 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 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(4)(g) from eligible persons or eligible sponsors who 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.
5
(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.
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.
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
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
6
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(17), 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 findings in the annual report required by s. 420.9075(9). 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(12), 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:
1. Creation of a local housing assistance trust fund as described in s. 420.9075(5).
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).
7
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 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.
8
(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 pursuant to s. 420.9078.
(7) A county or an eligible municipality must expend its portion of the local housing distribution
only to implement a local housing assistance plan. 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.
(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.
420.9073 Local housing distributions.--
(1) Distributions calculated in this section shall be disbursed on a monthly basis by the
corporation beginning the first day of the month after program approval pursuant to s.
420.9072. 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
9
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) Effective July 1, 1995, distributions calculated in this section shall be disbursed on a
monthly basis by the corporation beginning the first day of the month after program approval
pursuant to s. 420.9072. 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:
(a) Each county shall receive the guaranteed amount for each fiscal year.
(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
10
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 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.
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.
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, and migrant farmworkers. 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.
11
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.
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) 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
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.
12
(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.
(4) 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) 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.
(d)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.
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, 2008.
(e) 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.
13
(f) 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.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) 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 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. 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.
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 (d)
of this subsection.
(5) 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,
14
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.
(6) 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(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.
(7) Pursuant to s. 420.606, the corporation shall provide 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.
(8) 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.
(9) 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, 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
15
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.
(10) 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.
(11) 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 pr