Bill Text: FL S1500 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing for the Homeless
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations [S1500 Detail]
Download: Florida-2015-S1500-Introduced.html
Bill Title: Housing for the Homeless
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations [S1500 Detail]
Download: Florida-2015-S1500-Introduced.html
Florida Senate - 2015 SB 1500 By Senator Latvala 20-00893A-15 20151500__ 1 A bill to be entitled 2 An act relating to housing for the homeless; amending 3 s. 420.5087, F.S.; requiring that the reservation of 4 funds within each notice of fund availability to 5 persons who are homeless and persons with special 6 needs be at least 10 percent of the funds available at 7 the time of the notice; amending s. 420.622, F.S.; 8 requiring that the State Office on Homelessness 9 coordinate among certain agencies and providers to 10 produce a statewide consolidated inventory for the 11 state’s entire system of homeless programs which 12 incorporates regionally developed plans; directing the 13 Council on Homelessness to develop a statewide 14 Management Information System and requiring future 15 participation of certain award or grant recipients; 16 requiring the State Office on Homelessness to accept 17 and administer moneys appropriated to it to provide 18 annual Challenge Grants to certain lead agencies of 19 homeless assistance continuums of care; removing the 20 requirement that levels of grant awards be based upon 21 the total population within the continuum of care 22 catchment area and reflect the differing degrees of 23 homelessness in the catchment planning areas; 24 requiring certain continuum of care plans to implement 25 a coordinated assessment or central intake system in 26 conjunction with the statewide Management Information 27 System to screen, assess, and refer persons seeking 28 assistance to the appropriate service provider; 29 providing that preference for a grant award must be 30 given to those lead agencies that have demonstrated 31 the ability to leverage specified federal homeless 32 assistance funding with local government funding, as 33 well as private funding, for the provision of services 34 to homeless persons; requiring, rather than 35 authorizing, a lead agency to provide subgrants to a 36 local agency to implement programs or services or 37 provide housing identified for funding; decreasing the 38 maximum percent of funding that a lead agency may 39 spend on administrative costs; directing the State 40 Office on Homelessness to administer moneys 41 appropriated to it to provide homeless housing 42 assistance grants annually to lead agencies for 43 specified purposes; revising preference conditions 44 relating to grant applicants; requiring the State 45 Office on Homelessness, in conjunction with the 46 Council on Homelessness, to establish specific 47 objectives by which it may evaluate the outcomes of 48 certain lead agencies; requiring that any funding 49 through the State Office on Homelessness be 50 distributed to lead agencies based on their 51 performance and achievement of specified objectives; 52 revising the factors that may be included as criteria 53 for evaluating the performance of lead agencies; 54 amending s. 420.624, F.S.; revising requirements for 55 the local homeless assistance continuum of care plan; 56 providing that the components of a continuum of care 57 plan should include Rapid ReHousing; requiring that 58 specified components of a continuum of care plan be 59 coordinated and integrated with other specified 60 services and programs; creating s. 420.6265, F.S.; 61 providing legislative findings and intent relating to 62 Rapid ReHousing; providing a Rapid ReHousing 63 methodology; amending s. 420.9073, F.S.; requiring the 64 corporation to first distribute a certain percentage 65 of the total amount to be distributed each fiscal year 66 from the Local Government Housing Trust Fund to the 67 Department of Children and Families, subject to 68 certain requirements; amending s. 420.9075, F.S.; 69 providing that a certain partnership process of the 70 State Housing Initiatives Partnership Program should 71 involve lead agencies of local homeless assistance 72 continuums of care; encouraging counties and eligible 73 municipalities to develop a strategy within their 74 local housing assistance plans which provides program 75 funds for reducing homelessness; revising the criteria 76 that apply to awards made to sponsors or persons for 77 the purpose of providing housing; requiring that a 78 specified report submitted by counties and 79 municipalities include a description of efforts to 80 reduce homelessness; creating s. 420.9089, F.S.; 81 requiring that funds made available to the state from 82 the National Housing Trust Fund be deposited into the 83 State Housing Trust Fund and be used for certain 84 purposes; directing the Florida Housing Finance 85 Corporation to create a grant process for nonprofits 86 to distribute such funds subject to certain 87 requirements; amending s. 420.9071, F.S.; conforming a 88 provision to changes made by the act; providing an 89 effective date. 90 91 Be It Enacted by the Legislature of the State of Florida: 92 93 Section 1. Subsection (3) of section 420.5087, Florida 94 Statutes, is amended to read: 95 420.5087 State Apartment Incentive Loan Program.—There is 96 hereby created the State Apartment Incentive Loan Program for 97 the purpose of providing first, second, or other subordinated 98 mortgage loans or loan guarantees to sponsors, including for 99 profit, nonprofit, and public entities, to provide housing 100 affordable to very-low-income persons. 101 (3) During the first 6 months of loan or loan guarantee 102 availability, program funds shall be reserved for use by 103 sponsors who provide the housing set-aside required in 104 subsection (2) for the tenant groups designated in this 105 subsection. The reservation of funds to each of these groups 106 shall be determined using the most recent statewide very-low 107 income rental housing market study available at the time of 108 publication of each notice of fund availability required by 109 paragraph (6)(b). The reservation of funds within each notice of 110 fund availability to the tenant groups specified in this 111 subsection must be at leastinparagraphs (a), (b), and (e)may112not be less than10 percent of the funds available at that time. 113 Any increase in funding required to reach the 10-percent minimum 114 must be taken from the tenant group that has the largest 115 reservation.The reservation of funds within each notice of fund116availability to the tenant group in paragraph (c) may not be117less than 5 percent of the funds available at that time. The118reservation of funds within each notice of fund availability to119the tenant group in paragraph (d) may not be more than 10120percent of the funds available at that time.The tenant groups 121 are: 122 (a) Commercial fishing workers and farmworkers; 123 (b) Families; 124 (c) Persons who are homeless; 125 (d) Persons with special needs; and 126 (e) Elderly persons. Ten percent of the amount reserved for 127 the elderly shall be reserved to provide loans to sponsors of 128 housing for the elderly for the purpose of making building 129 preservation, health, or sanitation repairs or improvements 130 which are required by federal, state, or local regulation or 131 code, or lifesafety or security-related repairs or improvements 132 to such housing. Such a loan may not exceed $750,000 per housing 133 community for the elderly. In order to receive the loan, the 134 sponsor of the housing community must make a commitment to match 135 at least 5 percent of the loan amount to pay the cost of such 136 repair or improvement. The corporation shall establish the rate 137 of interest on the loan, which may not exceed 3 percent, and the 138 term of the loan, which may not exceed 15 years; however, if the 139 lien of the corporation’s encumbrance is subordinate to the lien 140 of another mortgagee, then the term may be made coterminous with 141 the longest term of the superior lien. The term of the loan 142 shall be based on a credit analysis of the applicant. The 143 corporation may forgive indebtedness for a share of the loan 144 attributable to the units in a project reserved for extremely 145 low-income elderly by nonprofit organizations, as defined in s. 146 420.0004(5), where the project has provided affordable housing 147 to the elderly for 15 years or more. The corporation shall 148 establish, by rule, the procedure and criteria for receiving, 149 evaluating, and competitively ranking all applications for loans 150 under this paragraph. A loan application must include evidence 151 of the first mortgagee’s having reviewed and approved the 152 sponsor’s intent to apply for a loan. A nonprofit organization 153 or sponsor may not use the proceeds of the loan to pay for 154 administrative costs, routine maintenance, or new construction. 155 Section 2. Paragraphs (a) and (b) of subsection (3), 156 subsections (4), (5), and (6) of section 420.622, Florida 157 Statutes, are amended to read: 158 420.622 State Office on Homelessness; Council on 159 Homelessness.— 160 (3) The State Office on Homelessness, pursuant to the 161 policies set by the council and subject to the availability of 162 funding, shall: 163 (a) Coordinate among state, local, and private agencies and 164 providers to produce a statewide consolidated inventoryprogram165and financial planfor the state’s entire system of homeless 166 programs which incorporates regionally developed plans. Such 167 programs include, but are not limited to: 168 1. Programs authorized under the Stewart B. McKinney 169 Homeless Assistance Act of 1987, 42 U.S.C. ss. 11371 et seq., 170 and carried out under funds awarded to this state; and 171 2. Programs, components thereof, or activities that assist 172 persons who are homeless or at risk for homelessness. 173 (b) Collect, maintain, and make available information 174 concerning persons who are homeless or at risk for homelessness, 175 including demographics information, current services and 176 resources available, the cost and availability of services and 177 programs, and the met and unmet needs of this population. All 178 entities that receive state funding must provide access to all 179 data they maintain in summary form, with no individual 180 identifying information, to assist the council in providing this 181 information. The council shall developexplore the potential of182creatinga statewide Management Information System (MIS), 183 requiringencouragingthe future participation of any bodies 184 that are receiving awards or grants from the state, in theif185such asystemwereadopted, enacted, and acceptedby the state. 186 (4) The State Office on Homelessness, with the concurrence 187 of the Council on Homelessness, shallmayaccept and administer 188 moneys appropriated to it to provide annual “Challenge Grants” 189 to lead agencies of homeless assistance continuums of care 190 designated by the State Office on Homelessness pursuant to s. 191 420.624. The department shall establish varying levels of grant 192 awards up to $500,000 per lead agency.Award levels shall be193based upon the total population within the continuum of care194catchment area and reflect the differing degrees of homelessness195in the catchment planning areas.The department, in consultation 196 with the Council on Homelessness, shall specify a grant award 197 level in the notice of the solicitation of grant applications. 198 (a) To qualify for the grant, a lead agency must develop 199 and implement a local homeless assistance continuum of care plan 200 for its designated catchment area. The continuum of care plan 201 must implement a coordinated assessment or central intake system 202 in conjunction with the statewide Management Information System 203 (MIS) to screen, assess, and refer persons seeking assistance to 204 the appropriate service provider. The lead agency shall also 205 document the commitment of local government and private 206 organizations to provide matching funds or in-kind support in an 207 amount equal to the grant requested. 208 (b) Preference must be given to those lead agencies that 209 have demonstrated the ability of their continuum of care to 210 provide quality services to homeless persons and the ability to 211 leverage federal homeless-assistance funding under the Stewart 212 B. McKinney Act with local government and private funding for 213 the provision of services to homeless persons. 214 (c) Preference must be given to lead agencies in catchment 215 areas with the greatest need for the provision of housing and 216 services to the homeless, relative to the population of the 217 catchment area. 218 (d) The grant may be used to fund any of the housing, 219 program, or service needs included in the local homeless 220 assistance continuum of care plan. The lead agency may allocate 221 the grant to programs, services, or housing providers that 222 implement the local homeless assistance continuum care plan. The 223 lead agency shallmayprovide subgrants to a local agency to 224 implement programs or services or provide housing identified for 225 funding in the lead agency’s application to the department. A 226 lead agency may spend a maximum of 58percent of its funding on 227 administrative costs. 228 (e) The lead agency shall submit a final report to the 229 department documenting the outcomes achieved by the grant in 230 enabling persons who are homeless to return to permanent housing 231 thereby ending such person’s episode of homelessness. 232 (5) The State Office on Homelessness, with the concurrence 233 of the Council on Homelessness, shallmayadminister moneys 234 appropriated to it to provide homeless housing assistance grants 235 annually to lead agencies for local homeless assistance 236 continuum of care, as recognized by the State Office on 237 Homelessness, to acquire, construct, or rehabilitate 238 transitional or permanent housing units for homeless persons. 239 These moneys shall consist of any sums that the state may 240 appropriate, as well as money received from donations, gifts, 241 bequests, or otherwise from any public or private source, which 242 are intended to acquire, construct, or rehabilitate transitional 243 or permanent housing units for homeless persons. 244 (a) Grant applicants shall be ranked competitively. 245 Preference must be given to applicants who leverage additional 246 private funds and public funds, particularly federal funds 247 designated for the acquisition, construction, or rehabilitation 248 of transitional or permanent housing for homeless persons; who 249 acquire, build, or rehabilitate the greatest number of units; or 250andwho acquire, build, or rehabilitate in catchment areas 251 having the greatest need for housing for the homeless relative 252 to the population of the catchment area. 253 (b) Funding for any particular project may not exceed 254 $750,000. 255 (c) Projects must reserve, for a minimum of 10 years, the 256 number of units acquired, constructed, or rehabilitated through 257 homeless housing assistance grant funding to serve persons who 258 are homeless at the time they assume tenancy. 259 (d) No more than two grants may be awarded annually in any 260 given local homeless assistance continuum of care catchment 261 area. 262 (e) A project may not be funded which is not included in 263 the local homeless assistance continuum of care plan, as 264 recognized by the State Office on Homelessness, for the 265 catchment area in which the project is located. 266 (f) The maximum percentage of funds that the State Office 267 on Homelessness and each applicant may spend on administrative 268 costs is 5 percent. 269 (6) The State Office on Homelessness, in conjunction with 270 the Council on Homelessness, shall establish performance 271 measures and specific objectives by which it maytoevaluate the 272effectiveperformance and outcomes of lead agencies that receive 273 grant funds. Any funding through the State Office on 274 Homelessness shall be distributed to lead agencies based on 275 their overall performance and their achievement of specified 276 objectives. Each lead agency for which grants are made under 277 this section shall provide the State Office on Homelessness a 278 thorough evaluation of the effectiveness of the program in 279 achieving its stated purpose. In evaluating the performance of 280 the lead agencies, the State Office on Homelessness shall base 281 its criteria upon the program objectives, goals, and priorities 282 that were set forth by the lead agencies in their proposals for 283 funding. Such criteria may include, but not be limited to, the 284 number of persons or households that are no longer homeless, the 285 rate of recidivism to homelessness, and the number of persons 286 who obtain gainful employmenthomeless individuals provided287shelter, food, counseling, and job training. 288 Section 3. Subsections (3), (7), and (8) of section 289 420.624, Florida Statutes, are amended to read: 290 420.624 Local homeless assistance continuum of care.— 291 (3) Communities or regions seeking to implement a local 292 homeless assistance continuum of care are encouraged to develop 293 and annually update a written plan that includes a vision for 294 the continuum of care, an assessment of the supply of and demand 295 for housing and services for the homeless population, and 296 specific strategies and processes for providing the components 297 of the continuum of care. The State Office on Homelessness, in 298 conjunction with the Council on Homelessness, shall include in 299 the plan a methodology for assessing performance and outcomes. 300 The State Office on Homelessness shall supply a standardized 301 format for written plans, including the reporting of data. 302 (7) The components of a continuum of care plan should 303 include: 304 (a) Outreach, intake, and assessment procedures in order to 305 identify the service and housing needs of an individual or 306 family and to link them with appropriate housing, services, 307 resources, and opportunities; 308 (b) Emergency shelter, in order to provide a safe, decent 309 alternative to living in the streets; 310 (c) Transitional housing; 311 (d) Supportive services, designed to assist with the 312 development of the skills necessary to secure and retain 313 permanent housing; 314 (e) Permanent supportive housing; 315 (f) Rapid ReHousing, as specified in s. 420.6265; 316 (g)(f)Permanent housing; 317 (h)(g)Linkages and referral mechanisms among all 318 components to facilitate the movement of individuals and 319 families toward permanent housing and self-sufficiency; 320 (i)(h)Services and resources to prevent housed persons 321 from becoming or returning to homelessness; and 322 (j)(i)An ongoing planning mechanism to address the needs 323 of all subgroups of the homeless population, including but not 324 limited to: 325 1. Single adult males; 326 2. Single adult females; 327 3. Families with children; 328 4. Families with no children; 329 5. Unaccompanied children and youth; 330 6. Elderly persons; 331 7. Persons with drug or alcohol addictions; 332 8. Persons with mental illness; 333 9. Persons with dual or multiple physical or mental 334 disorders; 335 10. Victims of domestic violence; and 336 11. Persons living with HIV/AIDS. 337 (8) Continuum of care plans must promote participation by 338 all interested individuals and organizations and may not exclude 339 individuals and organizations on the basis of race, color, 340 national origin, sex, handicap, familial status, or religion. 341 Faith-based organizations must be encouraged to participate. To 342 the extent possible, these components shallshouldbe 343 coordinated and integrated with other mainstream health, social 344 services, and employment programs for which homeless populations 345 may be eligible, including Medicaid, State Children’s Health 346 Insurance Program, Temporary Assistance for Needy Families, Food 347 Assistance Program, and services funded through the Mental 348 Health and Substance Abuse Block Grant, the Workforce Investment 349 Act, and the welfare-to-work grant program. 350 Section 4. Section 420.6265, Florida Statutes, is created 351 to read: 352 420.6265 Rapid ReHousing.— 353 (1) LEGISLATIVE FINDINGS AND INTENT.— 354 (a) The Legislature finds that Rapid ReHousing is a 355 strategy of using temporary financial assistance and case 356 management to quickly move a person or family out of 357 homelessness and into permanent housing. 358 (b) The Legislature also finds that, for most of the past 359 two decades, public and private solutions to homelessness have 360 focused on providing individuals and families who are 361 experiencing homelessness with emergency shelter, transitional 362 housing, or a combination of both. While emergency shelter and 363 transitional housing programs may provide critical access to 364 services for individuals and families in crisis, they often fail 365 to address their long-term needs. 366 (c) The Legislature further finds that most households 367 become homeless as a result of a financial crisis that prevents 368 them from paying rent or a domestic conflict that results in one 369 member being ejected or leaving without resources or a plan for 370 housing. 371 (d) The Legislature further finds that Rapid ReHousing is 372 an alternative approach to the current system of emergency 373 shelter or transitional housing which tends to reduce the length 374 of time of homelessness and has proven to be cost effective. 375 (e) It is therefore the intent of the Legislature to 376 encourage homeless continuums of care to adopt the Rapid 377 ReHousing approach to preventing homelessness for individuals 378 and families who do not require the intense level of supports 379 provided in the Permanent Supportive Housing model. 380 (2) RAPID REHOUSING METHODOLOGY.— 381 (a) The Rapid ReHousing approach to homelessness differs 382 from traditional approaches to addressing homelessness by 383 focusing on each individual’s or family’s barriers to returning 384 to housing. By using this approach, communities can 385 significantly reduce the amount of time that individuals and 386 families are homeless and prevent further episodes of 387 homelessness. 388 (b) In Rapid ReHousing, an individual or family is 389 identified as being homeless, temporary assistance is provided 390 to allow the individual or family to obtain permanent housing as 391 quickly as possible, and, if needed, assistance is provided to 392 allow the individual or family to retain housing. 393 (c) The objective of Rapid ReHousing is to provide 394 assistance for as short a term as possible so that the 395 individual or family receiving assistance does not develop a 396 dependency on the assistance. 397 Section 5. Present subsections (5) through (7) of section 398 420.9073, Florida Statutes, are redesignated as subsections (6) 399 through (8), and a new subsection (5) is added to that section, 400 to read: 401 420.9073 Local housing distributions.— 402 (5) Notwithstanding subsections (1)-(4), the corporation 403 shall first distribute 4 percent of the total amount to be 404 distributed in a given fiscal year from the Local Government 405 Housing Trust Fund to the Department of Children and Families 406 and the Department of Economic Opportunity as follows: 407 (a) The Department of Children and Families shall receive 408 95 percent of such amount to provide operating funds and other 409 support to the designated lead agency in each continuum of care 410 for the benefit of the designated catchment area as described in 411 s. 420.624. 412 (b) The Department of Economic Opportunity shall receive 5 413 percent of such amount to provide training and technical 414 assistance to lead agencies receiving operating funds and other 415 support under paragraph (a) in accordance with s. 420.606(3). 416 Training and technical assistance funded by this distribution 417 shall be provided by a nonprofit entity that meets the 418 requirements of s. 420.531. 419 Section 6. Paragraph (a) of subsection (2) of section 420 420.9075, Florida Statutes, is amended, paragraph (f) is added 421 to subsection (3), subsection (5) of that section is amended, 422 and paragraph (i) is added to subsection (10) of that section, 423 to read: 424 420.9075 Local housing assistance plans; partnerships.— 425 (2)(a) Each county and each eligible municipality 426 participating in the State Housing Initiatives Partnership 427 Program shall encourage the involvement of appropriate public 428 sector and private sector entities as partners in order to 429 combine resources to reduce housing costs for the targeted 430 population. This partnership process should involve: 431 1. Lending institutions. 432 2. Housing builders and developers. 433 3. Nonprofit and other community-based housing and service 434 organizations. 435 4. Providers of professional services relating to 436 affordable housing. 437 5. Advocates for low-income persons, including, but not 438 limited to, homeless people, the elderly, and migrant 439 farmworkers. 440 6. Real estate professionals. 441 7. Other persons or entities who can assist in providing 442 housing or related support services. 443 8. Lead agencies of local homeless assistance continuums of 444 care. 445 (3) 446 (f) Each county and each eligible municipality is 447 encouraged to develop a strategy within its local housing 448 assistance plan which provides program funds for reducing 449 homelessness. 450 (5) ForThe following criteria apply toawards made to 451 eligible sponsors or eligible persons for the purpose of 452 providing eligible housing,:453(a) At least 65 percent of the funds made available in each454county and eligible municipality from the local housing455distribution must be reserved for home ownership for eligible456persons.457(b) At least 75 percent of the funds made available in each458county and eligible municipality from the local housing459distribution must be reserved for construction, rehabilitation,460or emergency repair of affordable, eligible housing.461(c) Not more than 20 percent of the funds made available in462each county and eligible municipality from the local housing463distribution may be used for manufactured housing.464(d) The sales price or value of new or existing eligible465housing may not exceed 90 percent of the average area purchase466price in the statistical area in which the eligible housing is467located. Such average area purchase price may be that calculated468for any 12-month period beginning not earlier than the fourth469calendar year prior to the year in which the award occurs or as470otherwise established by the United States Department of the471Treasury.472(e)1.all units constructed, rehabilitated, or otherwise 473 assisted with the funds provided from the local housing 474 assistance trust fund must be occupied by very-low-income 475 persons, low-income persons, and moderate-income persons except 476 as otherwise provided in this section. 4772. At least 30 percent of the funds deposited into the478local housing assistance trust fund must be reserved for awards479to very-low-income persons or eligible sponsors who will serve480very-low-income persons and at least an additional 30 percent of481the funds deposited into the local housing assistance trust fund482must be reserved for awards to low-income persons or eligible483sponsors who will serve low-income persons. This subparagraph484does not apply to a county or an eligible municipality that485includes, or has included within the previous 5 years, an area486of critical state concern designated or ratified by the487Legislature for which the Legislature has declared its intent to488provide affordable housing. The exemption created by this act489expires on July 1, 2013, and shall apply retroactively.490(f) Loans shall be provided for periods not exceeding 30491years, except for deferred payment loans or loans that extend492beyond 30 years which continue to serve eligible persons.493(g) Loans or grants for eligible rental housing494constructed, rehabilitated, or otherwise assisted from the local495housing assistance trust fund must be subject to recapture496requirements as provided by the county or eligible municipality497in its local housing assistance plan unless reserved for498eligible persons for 15 years or the term of the assistance,499whichever period is longer. Eligible sponsors that offer rental500housing for sale before 15 years or that have remaining501mortgages funded under this program must give a first right of502refusal to eligible nonprofit organizations for purchase at the503current market value for continued occupancy by eligible504persons.505(h) Loans or grants for eligible owner-occupied housing506constructed, rehabilitated, or otherwise assisted from proceeds507provided from the local housing assistance trust fund shall be508subject to recapture requirements as provided by the county or509eligible municipality in its local housing assistance plan.510(i) The total amount of monthly mortgage payments or the511amount of monthly rent charged by the eligible sponsor or her or512his designee must be made affordable.513(j) The maximum sales price or value per unit and the514maximum award per unit for eligible housing benefiting from515awards made pursuant to this section must be established in the516local housing assistance plan.517(k) The benefit of assistance provided through the State518Housing Initiatives Partnership Program must accrue to eligible519persons occupying eligible housing. This provision shall not be520construed to prohibit use of the local housing distribution521funds for a mixed income rental development.522(l) Funds from the local housing distribution not used to523meet the criteria established in paragraph (a) or paragraph (b)524or not used for the administration of a local housing assistance525plan must be used for housing production and finance activities,526including, but not limited to, financing preconstruction527activities or the purchase of existing units, providing rental528housing, and providing home ownership training to prospective529home buyers and owners of homes assisted through the local530housing assistance plan.5311. Notwithstanding the provisions of paragraphs (a) and532(b), program income as defined in s. 420.9071(24) may also be533used to fund activities described in this paragraph.5342. When preconstruction due-diligence activities conducted535as part of a preservation strategy show that preservation of the536units is not feasible and will not result in the production of537an eligible unit, such costs shall be deemed a program expense538rather than an administrative expense if such program expenses539do not exceed 3 percent of the annual local housing540distribution.5413. If both an award under the local housing assistance plan542and federal low-income housing tax credits are used to assist a543project and there is a conflict between the criteria prescribed544in this subsection and the requirements of s. 42 of the Internal545Revenue Code of 1986, as amended, the county or eligible546municipality may resolve the conflict by giving precedence to547the requirements of s. 42 of the Internal Revenue Code of 1986,548as amended, in lieu of following the criteria prescribed in this549subsection with the exception of paragraphs (a) and (e) of this550subsection.5514. Each county and each eligible municipality may award552funds as a grant for construction, rehabilitation, or repair as553part of disaster recovery or emergency repairs or to remedy554accessibility or health and safety deficiencies. Any other555grants must be approved as part of the local housing assistance556plan.557 (10) Each county or eligible municipality shall submit to 558 the corporation by September 15 of each year a report of its 559 affordable housing programs and accomplishments through June 30 560 immediately preceding submittal of the report. The report shall 561 be certified as accurate and complete by the local government’s 562 chief elected official or his or her designee. Transmittal of 563 the annual report by a county’s or eligible municipality’s chief 564 elected official, or his or her designee, certifies that the 565 local housing incentive strategies, or, if applicable, the local 566 housing incentive plan, have been implemented or are in the 567 process of being implemented pursuant to the adopted schedule 568 for implementation. The report must include, but is not limited 569 to: 570 (i) A description of efforts to reduce homelessness. 571 Section 7. Section 420.9089, Florida Statutes, is created 572 to read: 573 420.9089 National Housing Trust Fund.—Funds made available 574 to the state from the National Housing Trust Fund shall be 575 deposited into the State Housing Trust Fund. Such funds shall be 576 used to develop and construct housing to reduce homelessness in 577 this state. The Florida Housing Finance Corporation shall create 578 a grant process to award funds to nonprofits, based on a 579 demonstration of need and local government participation, to 580 construct housing for extremely low-income individuals and 581 families. 582 Section 8. Subsection (25) of section 420.9071, Florida 583 Statutes, is amended to read: 584 420.9071 Definitions.—As used in ss. 420.907-420.9079, the 585 term: 586 (25) “Recaptured funds” means funds that are recouped by a 587 county or eligible municipality in accordance with the recapture 588 provisions of its local housing assistance plan pursuant to s. 589 420.9075(5)(h) from eligible persons or eligible sponsors, which590funds were not used for assistance to an eligible household for591an eligible activity, when there is a default on the terms of a592grant award or loan award. 593 Section 9. This act shall take effect July 1, 2015.