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HomeMy WebLinkAbout19-066RESOLUTION NO. 2019-066 A RESOLUTION APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SECTIONS 420.907 - 420.9079, FLORIDA STATUTES, AND CHAPTER 67- 37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE CHAIR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and, WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, Sections 420.907 - 420.9079, Florida Statutes, and Chapter 67-37, Florida Administrative Code, require local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and, WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and, WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and, WHEREAS, as required by Section 420.9075, Florida Statute. It is found that five percent (S%) of the local housing distribution plus five percent (5%) 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 ten percent (10%) of the local housing distribution plus five percent (5%) of program income deposited into the trust fund, except that small counties, as defined in Section. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to ten percent (10%) of program income for administrative costs; and, WHEREAS, the Community Services Department -Housing Division has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and, WHEREAS, the Board finds that it is in the best interest of the public for St. Lucie County to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1 1. The Board hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-4209079, Florida Statutes, for Fiscal Years 2019/20, 2020/21, and 2021/22. 2. The Chair, or Vice Chair is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do all things necessary and proper to carry out the term and conditions of said program. 3. This resolution shall take effect immediately upon its adoption. After motion and second, the vote on this resolution was as follows: Chair Linda Bartz AYE Vice Chair Cathy Townsend AYE Commissioner Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 16th day of April, 2019. ATTEST: 4RI M�,� vrn a 00 'Pc�✓NTY, 'Flux P BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY; AL:L-- CHAI, APPROVEDS TO FOR,ND CORRECTNESS: 1- �d n r ll 2 COUNTY ATTO Exhibit D 67-37.005(1), F.A.C. [04/16/20191 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: St. Lucie County Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. Exhibit D 67-37.005(1), F.A.C. [04/16/2019] (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) 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. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Chief Elected Official or I ignee Witness Date OR Attest: (Seal) 1/5;1-c- Type Name and Title Ic hC.'_1 s a m fGn C-2 FcoUNTM 2