Local Housing Assistance Plans (LHAP), Uses of and Restrictions Upon SHIP Local Housing Distribution Funds for Local Housing Assistance Plans, Compliance Monitoring for Housing Developed With SHIP Local Housing Distribution Funds
FLORIDA HOUSING FINANCE CORPORATION
RULE NOS.:RULE TITLES:
67-37.005Local Housing Assistance Plans (LHAP)
67-37.007Uses of and Restrictions Upon SHIP Local Housing Distribution Funds for Local Housing Assistance Plans
67-37.019Compliance Monitoring for Housing Developed With SHIP Local Housing Distribution Funds
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 43 No. 25, February 7, 2017 issue of the Florida Administrative Register.
LAW IMPLEMENTED: 420.9071, 420.9072, 403.9073, 420.9075, 420.9076, 403.9079, 420.9078, FS
67-37.005 Local Housing Assistance Plans (LHAP).
(1) General Requirements:
(a) To be eligible for SHIP funding for a state fiscal year, a county or eligible municipality shall 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. New Plans must be submitted using the LHAP Template 2016-001, effective [eff date] October 1, 2016, including all required exhibits, which is adopted and incorporated herein by reference. A copy of the LHAP Template 2016-001 and required exhibits may be obtained at http://www.floridahousing.org or by contacting the Corporation. 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 seek to become eligible for funding. No SHIP local housing distribution funds shall be distributed in a fiscal year to a county or eligible municipality unless and until an approved LHAP is in place with respect to applicable fiscal year.
(b) through (g) No change.
(2) A county or eligible municipality is permitted to:
(a) Develop a strategy within its local housing assistance plan that emphasizes the recruitment and retention of Essential Service Personnel pursuant to Section 420.9075(3)(b), F.S. If a county or eligible municipality creates a strategy as referenced above before the current plan expires, an amendment shall be submitted to the Corporation in track changes format as provided in subsection 67-37.005(17), F.A.C.
(b) Use SHIP funds for persons or families whose total annual household income does not exceed one hundred forty percent of the area median income, adjusted for family size; this use of funds does not relieve the local government from meeting the requirements of Section 420.9075(5)(g)(e)2., F.S.
(c) through (d) No change.
(3) Notice of Funding Availability
(a) Each county or eligible municipality shall advertise a notice of funding availability of SHIP funds at least 30 days before the beginning of the application period in a newspaper of general circulation and periodicals serving ethnically and racially diverse populations unless a waiting list of applicants exists that will exhaust all allocated funding.
(a)1. The advertisement shall:
1.a. Identify the amount of the distribution projected to be received from the state for the fiscal year;
2.b. List the beginning and end date of the application period; and
3.c. Provide the name of the local plan contact person and other pertinent information including where applicants may apply for assistance.
(b)2. The advertisement may also include information that the local governments deem necessary such as:
1. An estimated amount of SHIP local housing distribution per strategy;
2.a. Income set asides for each strategy along with applicable income limits;
3.b. A description of the selection criteria for each strategy; and
4.c. The maximum housing value limitation for each strategy.;
(4) through (5) No change.
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.
(a) No change.
(b) The funds deposited to the local housing assistance trust fund must be Expended within 24 months from the end of the applicable State fiscal year. Requestsa for extensions for good cause must be submitted by the local government to the Corporation and will be reviewed and approved or denied by the Corporation on a case-by-case basis. Examples of good cause include disasters, requirements of other State agencies or housing programs, adverse market conditions, and unavoidable development delays. The Corporation may require a local government requesting an expenditure extension to receive technical assistance through the Catalyst program.
(c) through (d) No change.
(2) through (12) No change.
(13) 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 defined in required by Section 420.9071(10) 420.9075(4)(e)1., F.S. The remainder may be reserved for eligible sponsors that will serve eligible persons.
(14) through (21). No change.
Rulemaking Authority 420.9072(9) FS. Law Implemented 420.9072, 420.9073, 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, 11-5-06, 2-24-08, 11-22-09, .
67-37.019 Compliance Monitoring for Housing Developed With SHIP Local Housing Distribution Funds.
(1) The local government staff or entity with administrative authority for a local housing assistance plan shall maintain a financial tracking system that ensures that the local housing distribution funds disbursed from the local housing trust fund are expended in accordance with the set-aside requirements in Rule 67-37.007, F.A.C., within deadlines established in subsection 67-37.005(5)(b) and (c)(6), F.A.C. and in compliance with Section 420.9075, F.S. Failure by the local government staff or entity with administrative authority to properly track SHIP funds or reconcile the funds to the general ledger shall result in the local government being deemed in non-compliance with the SHIP program. In this circumstance, the local government or administrative entity shall be required to receive technical assistance through the Catalyst program.
(7) Subsequent to a local government SHIP program being monitored by the Corporation or its designated agent and receiving a copy of the compliance monitoring report, the local government shall submit a written response to any findings or observations documented in the monitoring report to the Corporation and the designated monitoring agent. The required response shall be submitted within 30 days and shall include an explanation and/or remedy for each item in the compliance monitoring review, including:
(a) No change.
(b) For physical inspection findings or observations deficiencies, an explanation of any the corrective work that will be completed to address remedy the findings or observations deficiencies.
(c) A timeline for correcting any observed the deficiencies; and
(d) No change.
(8) through (10) No change.
(11) Any contract or document establishing the relationship between a SHIP eligible local government and an organization that is a Sub Recipient receiving SHIP funds shall contain the standard audit language on Form DFS-A2-CL (Effective 7/05) in the document as required by of the Florida Single Audit Act, Section 215.97, F.S in the document.
