CHAPTER 67-37 — STATE HOUSING INITIATIVES PARTNERSHIP
PROGRAM
67-37.002 Definitions.
67-37.003 Fund Availability and Allocation.
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(Repealed)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 (Repealed)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(Repealed)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 (Repealed)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.
67-37.016 Reporting Requirements.
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 (Repealed)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 (Repealed).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) "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 420.9071 (19), (20), or (28), F.S., based upon a
formula established by the
United States Department of Housing and Urban Development.
(2) "Administrative Expenses" means those expenses
directly related to implementation
of the Local Housing Assistance Plans.
(3) "Annual Report" or "Form SHIP-AR/99-1"
is a multi-page report that is 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 12-26-99.
(4) "Corporation" means Florida Housing Finance Corporation.
(5) "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.
(6) "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.
(7) "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 encumbered amount upon delivery of goods, the rendering
of
services, or the conveyance of real property by a vendor, supplier,
contractor, or owner.
(8) "Expenditure, " "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. In all cases, this definition 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, 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 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.
(9) "Home Ownership Activities" means the use of the
local affordable housing trust fund
moneys for the purpose of providing owner-occupied housing.
Such uses may include,
but are not limited to, 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
subparagraph (8).
(10) "Institutional First Mortgage Lender" means any
bank or trust company, mortgage
banker, savings bank, credit union, national banking association,
savings and loan
association, building and loan association, or other 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.
(11) "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.
(12) "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.
(13) "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 may include, but are
not limited to, 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..
(14) "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.
(15) "Review Committee" means the committee established
pursuant to 420.9072 (3)(a),
F.S.
(16) "SHIP" or "SHIP Program" means the
State Housing Initiatives Partnership Program
created pursuant to the State Housing Initiative Partnership
Act, Sections 420.907 —
420.9079 , F.S.
(17) "State" means the State of Florida.
Specific Authority 420.0003 (3)(e), (7), 420.9072 (9) FS.
Law Implemented 420.9071 FS.
History — New 11-26-92, Amended 2-9-94, 12-28-94, 1-6-98,
Formerly 9I-37.002 ,
Amended 12-26-99.
67-37.003
— Fund Availability and Allocation.
(1) Distributions by the Corporation shall be made to each approved
county and 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.
(2) Moneys that otherwise would be allocated and distributed
to a local government that
does not meet the program requirements for allocation and distribution
shall remain in the local government housing trust fund to be
used by the Corporation to administer the State Housing Initiatives
Partnership Program pursuant to Section 420.9078 , F.S.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.9073 FS.
History — New 11-26-92, Amended 2-9-94, 1-6-98, Formerly
9I-37.003 , Amended 12-
26-99..
67-37.004
— Local Housing Ordinance and Resolution Requirements.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.9072 (2)(b) FS.
History — New 11-26-92, Amended 2-9-94, 12-28-94, 1-6-98,
Formerly 9I-37.004 ,
Repealed 12-26-99.
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 67-37.006 . 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 , et seq., F.S., 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 67-37.007 .
(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 67-37.005 .
(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% of median area purchase price established by the
U.S. Treasury Department;
(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 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 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 which is required
to be completed for each
fiscal year and is adopted and incorporated herein by reference.
(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 the 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 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
Section
420.907 — 420.9079 , 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
67-37.015 (3);
(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
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 67-37.007 ;.(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 unless otherwise
extended as provided at
67-37.002 (8);
3. a detailed listing including line-item budget of proposed
administrative expenses.
These must be presented on an annual basis for each State fiscal
year submitted; and
4. a copy of the ordinance and amendments thereto required by
Section 420.9072 (2)(b),
F.S.;
a. 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.
(7) A copy of the local housing assistance plan shall be submitted
to the Corporation. Thecopy shall bear the original signature
of the authorized official and a certification that thedocument
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. Each local
housing assistance plan shall be typed on 81/2´´
× 11´´ paper, bound 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 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) 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..
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 the Review
Committee, which
will recommend it for approval or identify inconsistencies with
the requirements of the
SHIP program 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 it is determined a strategy will not
be used (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.
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, such as, but not limited
to, 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 — 409.5093 , F.S.,
and
(e) to further the housing element of the local government comprehensive
plan adopted
pursuant to s. 163.3184 , 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 distribution funds must be used for home ownership activities.
(3) At least seventy-five percent of a local government's SHIP
local housing distribution
funds 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 67-37.002
(8). 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;.(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 expenses:
(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 expenses 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) Expenses related to travel, training, education, and public
information initiatives.
Administrative expenses 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 expenses shall be approved
as administrative
expenses.
(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, 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 (2) and (3), program income as defined
in s. 420.9071 (24),
F.S., may also be used to fund activities described in this
paragraph.
(6) The purchase price or value of new or existing homes which
are sold or rehabilitated
under the SHIP Program may not exceed 90 percent of the median
area purchase price for
either new or existing homes, as applicable, for the area where
the housing is located, as
established by the United States Department of Treasury. The
local government at its
discretion may set the purchase price below the 90 percent benchmark.
(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 distribution funds provided from the local
housing assistance trust fund must be
occupied by eligible persons. At least 30 percent of the local
housing distribution funds
deposited funds 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 local housing distribution
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.
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. 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.
67-37.008
— Local Housing Assistance Trust Fund.
(1) Each county or eligible municipality receiving a local housing
distribution shall
establish and maintain a local housing assistance trust fund
with a qualified depository as defined in Chapter 280, F.S.
All moneys of a county or eligible municipality received
from its share of the local housing distribution funds, recaptured
local housing
distribution funds, program income, and other moneys received
or budgeted by the
county or eligible municipality to provide for the local housing
assistance plan, as well as
moneys generated from local housing assistance plan activities
such as interest earned on loans, 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 trust fund if required by federal law or regulation.
Expenditures other than for the
administration and implementation of the local housing assistance
plan may not be made
from the trust fund.
(2) 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.
(3) 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 as
soon as available.
(4) 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.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.9073 (4) FS.
History — New 11-26-92, Amended 2-9-94, 1-6-98, Formerly
9I-37.008 ,
Repromulgated 12-26-99..
67-37.009
— Local Affordable Housing Advisory Committees.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.9076 FS.
History — New 11-26-92, Amended 2-9-94, 1-6-98, Formerly
9I-37.009 , Repealed 12-
26-99.
67-37.010
— Local Affordable Housing Incentive Strategies.
The advisory committee must approve the local affordable housing
incentive strategy
recommendations at a 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.
67-37.011
— Interlocal Entities.
(1) There is no requirement that local jurisdictions which are
parties to an interlocal
agreement be contiguous, although the local housing assistance
plan submitted by each
interlocal entity must show a logical basis for combining the
entities.
(2) 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
67-37.016 .
(3) New eligible municipalities which intend to become a member
of an established
interlocal entity must 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.
(a) Adopt by resolution a local housing assistance plan and
adopt by resolution the
appointments to the advisory committee.
(b) 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.
67-37.013
— Termination of SHIP Local Housing Distribution Funds.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.9073 , 420.9076 (7)(a) FS.
History — New 11-26-92, Amended 2-9-94, 1-6-98, Formerly
9I-37.013 , Repealed 12-
26-99.
67-37.014
— Non-Discrimination Requirements.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.9075 FS.
History — New 11-26-92, Amended 2-9-94, 1-6-98, Formerly
9I-37.014 , Repealed 12-
26-99.
67-37.015
— Compliance Monitoring for Housing Developed With SHIP
Local
Housing Distribution Funds.
(1) The staff or entity with administrative authority for a
local housing assistance plan
must develop a tracking system to ensure that the local housing
distribution funds
disbursed from the local housing assistance trust fund are at
all times expended in
accordance with the set-aside requirements in 67-37.007 and
time restraints detailed at
67-37.005 (6).
(2) The combined household annual gross income of an applicant
who is applying as an
owner/occupant of a residence must be verified and certified
by the SHIP program
administrator or his/her designee using income verification
and certification procedures
such as those established by the U.S. Department of Housing
and Urban Development or the Rural Housing Service Farmers Home
Administration. Other verification procedures must be submitted
to the Review Committee for analysis to determine if they are
acceptable to the Committee, prior to the allocation of any
SHIP program assistance.
Whichever verification and certification method is used, annual
gross income must be
used and the SHIP Program income limits cannot be exceeded..
(3) The staff or entity with administrative authority for a
local housing assistance plan
assisting rental developments shall monitor and determine tenant
eligibility and the
amount of subsidy using the same guidelines as specified at
(2) above, at least annually
for 15 years or the term of assistance, whichever is longer.
The Corporation will monitor
the activities of the local governments to determine compliance
with program
requirements.
(4) 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,
plan tracking records,
construction cost verification including receipts and contracts,
and any other applicable
documents at any reasonable time with or without notice. Such
records must be
maintained within the participating county or eligible municipality
at a place accessible to
the Corporation staff or its designated monitoring agent.
(5) 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.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.907 , et seq. FS.
History — New 2-9-94, Amended 12-28-94, 1-6-98, Formerly
9I-37.015 , Amended 12-
26-99.
67-37.016
— Reporting Requirements.
The Annual Report must be filed with the Corporation utilizing
the Annual Report Form
SHIP-AR/99-1. Annual Report Form SHIP-AR/99-1 may
be obtained from the Corporation by contacting the SHIP Program
at Florida Housing
Finance Corporation, 227 North Bronough Street, Suite
5000, Tallahassee, Florida 32301.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.907 FS.
History — New 2-9-94, Amended 12-28-94, 1-6-98, Formerly
9I-37.016 , Amended 12-
26-99..
67-37.017
— Administration of Remaining Local Housing Distribution
Funds.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.9078 FS.
History — New 1-6-98, Formerly 9I-37.017 , Repealed 12-26-99.
67-37.018
— Appeals.
Specific Authority 420.9072 (9) FS.
Law Implemented 420.9072 (3) FS.
History — New 11-26-92, Amended 2-9-94, 1-6-98, Formerly
9I-37.018 , Repealed 12-
26-99.