Loading...
HomeMy WebLinkAboutBack-Up from Law Dept11/29/21, 10:23 AM Statutes & Constitution :View Statutes : Online Sunshine The 2021 Florida Statutes Select Year: 2021 v Go Title XXX SOCIAL WELFARE Chapter 420 HOUSING View Entire Chapter 420.9076 Adoption of affordable housing incentive strategies; committees.— (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(18). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee. The local action adopted pursuant to s. 420.9072 which creates the advisory committee and appoints the advisory committee members must name at least 8 but not more than 11 committee members and specify their terms. Effective October 1, 2020, the committee must consist of one locally elected official from each county or municipality participating in the State Housing Initiatives Partnership Program and one representative from at least six of the categories below: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for -profit provider of affordable housing. (f) A citizen who is actively engaged as a not -for -profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. (4) Annually, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0420/Sections/0420.9076.html 1/3 11/29/21, 10:23 AM Statutes & Constitution :View Statutes : Online Sunshine including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit an annual report to the local governing body and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which includes recommendations on the implementation of affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3. (b) All allowable fee waivers provided for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very -low-income persons, low-income persons, and moderate -income persons. (e) Affordable accessory residential units. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed -use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform an initial review but may elect to not perform the annual review. (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the corporation. (6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(18). The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0420/Sections/0420.9076.html 2/3 11/29/21, 10:23 AM Statutes & Constitution :View Statutes : Online Sunshine terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after issuance of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9073. (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the local government, including: (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. (10) The locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in s. 420.531(2). If the locally elected official or a locally elected designee fails to attend three consecutive regional workshops, the corporation may withhold funds pending the person's attendance at the next regularly scheduled biannual meeting. History.—s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch. 2007-198; s. 117, ch. 2008-4; s. 30, ch. 2009-96; s. 16, ch. 2011-15; s. 67, ch. 2011-139; s. 11, ch. 2016-210; s. 19, ch. 2020-27; s. 37, ch. 2021-51. Copyright © 1995-2021 The Florida Legislature • Privacy Statement • Contact Us www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0420/Sections/0420.9076.html 3/3 11/29/21, 10:25 AM Miami, FL Code of Ordinances DIVISION 8. - AFFORDABLE HOUSING ADVISORY COMMITTEE Footnotes: --- (26) --- Editor's note— Prior to the reenactment of division 8 by Ord. No. 13967, § 3, adopted February 25, 2021, Ord. No. 13864, § 3, adopted October 10, 2019, repealed the former division 8, sections 2-1101-2-1105 in its entirety, which pertained to the Miami commission on the status of women, and derived from Ord. No. 11982, § 2, adopted October 26, 2000. For current provisions pertaining to similar subject matter, the user's attention is directed to division 6 of this article. Sec. 2-1101. - Establishment and purpose. Pursuant to F.S. § 420.9076, there is hereby created and established a board to be known as the "Affordable Housing Advisory Committee" ("advisory committee") for the following purposes: (1) To serve as the advisory committee required by the Florida State Housing Initiatives Partnership ("SHIP") Program; and (2) To provide oversight and ongoing recommendations on affordable housing issues. (Ord. No. 13967, § 3, 2-25-21) Sec. 2-1102. - Functions, powers, and duties generally. The advisory committee is hereby authorized to: (1) Review the established policies, procedures, ordinances, land development regulations, and Miami Comprehensive Neighborhood Plan ("MCNP") of the city on an annual basis and recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations of the advisory committee may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the MCNP and corresponding regulations, ordinances, and other policies. At a minimum, the advisory committee shall submit an annual report to the city commission and to the entity providing statewide training and technical assistance for the affordable housing catalyst program which includes recommendations on the implementation of affordable housing incentives in the following areas: a. The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects as provided in F.S. § 163.3177(6)(f)(3); b. All allowable fee waivers provided for the development or construction of affordable housing; c. The allowance of flexibility in densities for affordable housing; d. The reservation of infrastructure capacity for housing for very -low-income persons, low-income persons, and moderate -income persons; e. Affordable accessory residential units; f. The reduction of parking and setback requirements for affordable housing; 1/5 11/29/21, 10:25 AM Miami, FL Code of Ordinances g. The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing; h. The modification of street requirements for affordable housing; i. The establishment of a process by which the city considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; j. The preparation of a printed inventory of locally owned public lands suitable for affordable housing; and k. The support of development near transportation hubs and major employment centers and mixed -use developments. (2) The advisory committee's recommendations may also include other affordable housing incentives identified by the advisory committee. The advisory committee may perform other duties at the request of the city commission, including: a. The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties, and b. The creation of best practices for the development of affordable housing in the community. (3) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of the city's implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general circulation in Miami -Dade County. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee's recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the Florida Housing Finance Corporation ("corporation"). (4) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the city commission shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies to be implemented by the city. The amendment must include, at a minimum, the local housing incentive strategies required by F.S. § 420.9071(16). The city commission must consider the strategies specified in subsections (1)a.—k. above as recommended by the advisory committee. (5) The city shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies, which shall include a copy of the approved amended plan. (6) The city commissioner serving on the advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided for in F.S. § 420.531(2). (Ord. No. 13967, § 3, 2-25-21) 2/5 11/29/21, 10:25 AM Miami, FL Code of Ordinances Sec. 2-1103. - Governing body —Composition and appointments; terms of office and vacancies; membership qualifications; procedures for appointment of members including the public advocate; officers; quorum and voting; meetings; and attendance requirements. (a) Governing body —Composition and appointments. The advisory committee shall consist of 11 members. Pursuant to F.S. § 420.9076, the advisory committee shall consist of one city commissioner serving in an ex officio capacity and the remaining ten members shall be appointed by the city commission with one representative from at least six of the categories below: (1) An individual who is actively engaged in the residential home building industry in connection with affordable housing. (2) An individual who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (3) An individual who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (4) An individual who is actively engaged as an advocate for low-income persons in connection with affordable housing. (5) An individual who is actively engaged as a for -profit provider of affordable housing. (6) An individual who is actively engaged as a not -for -profit provider of affordable housing. (7) An individual who is actively engaged as a real estate professional in connection with affordable housing. (8) An individual serving in an ex officio capacity who actively serves on the local planning agency pursuant to F.S. § 163.3174. (9) An individual who resides within the jurisdiction of the city. (10) An individual who represents employers within the city. (11) An individual who represents essential services personnel as defined in the local housing assistance plan. (b) Terms of office and vacancies. Members shall be appointed for a term of four years. Except as hereinafter provided, the city commission shall appoint an individual to fill a vacancy due to the death, resignation, or removal of any member of the advisory committee, which person shall serve only for the remainder of the unexpired term. A vacancy in the chairperson shall be filled in the same manner as provided above for the appointment of those advisory committee members. Nothing set forth herein shall prohibit any individual from being reappointed subject to the provisions of section 2-885 of the City Code. (c) Membership qualifications. All advisory committee members shall be 18 years of age or older. Each member of the advisory committee shall be an individual of outstanding reputation for integrity, responsibility, and commitment to serving the community and is expected to participate actively in the functioning of the advisory committee. Except as provided in subsection (a)(1), members of the advisory committee shall not be required to be permanent residents of the city, own real property in the city, or work or maintain a business in the city. (d) Procedure for appointment of members. No appointment to the advisory committee shall be made until notice has been given in a newspaper of general circulation in the city of the appointments to be made at least 15 days prior to making the appointment, which notice shall have solicited and encouraged the public 3/5 11/29/21, 10:25 AM Miami, FL Code of Ordinances and organizations within the city having interest to submit names of persons and their qualifications for consideration. The qualifications of those to be considered as prospective members of the advisory committee, except for the chairperson and the city commissioner, shall be evaluated by the department of housing and community development. The department of housing and community development shall recommend appointees to the city commission for final appointment, except for the chairperson and the city commissioner. (e) Officers. The chairperson shall be nominated by the mayor and appointed by city commission. The advisory committee shall elect from its members a vice -chairperson and may designate a secretary and such other officers as deemed necessary. The chairperson of the advisory committee shall have the power to appoint all members serving on the various subcommittees which the advisory committee may establish from time to time. (f) Quorum and voting. At all meetings of the advisory committee, a minimum of five members shall constitute a quorum for the transaction of business and each member shall have one vote on every issue submitted to a vote of the advisory committee. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the advisory committee. The members of the advisory committee may make and adopt bylaws and rules for the advisory committee's governance which much be filed with the office of the city clerk. (g) Meetings. The advisory committee shall hold meetings on an as -needed basis in the sole discretion of the director of the department of housing and community development or his/her designee. All meetings of the advisory committee shall be public meetings. Written minutes of the proceedings of all actions taken at the meetings of the advisory committee shall be properly recorded and maintained. (h) Attendance requirements. (1) Any advisory committee member shall be automatically removed if: a. He or she is absent from three consecutive meetings; or b. He or she is absent from four of the advisory committee's meetings; c. Provided that regardless of their compliance with subsections (1)a. and b., members must attend at least 50 percent of all the advisory committee meetings held during each calendar year. (2) A member of the advisory committee shall be deemed absent from a meeting when he or she is not present at the meeting at least 75 percent of its duration. (3) The provisions of this section may be waived by a vote of the members of the advisory committee if, prior to removal for failing to meet the attendance requirements hereinabove, a member requests a waiver of the same providing the member's reasons supporting such request. (i) Members of the advisory committee may be removed with or without cause by a vote of not less than three members of the city commission. Following said removal, the city commission shall fill the vacancy pursuant to subsection (b) above. (Ord. No. 13967, § 3, 2-25-21) Sec. 2-1104. - Staff liaison; assignment, qualifications, general powers, and responsibilities. 4/5 11/29/21, 10:25 AM Miami, FL Code of Ordinances There shall be an individual or individuals who shall be specifically assigned to the advisory committee by the city manager to facilitate the advisory committee's activities. The employee assigned by the city manager shall act as the liaison to the advisory committee and the city's administration and shall have general supervision over and be responsible for the management and operation of all advisory committee activities. The employee shall attend all meetings of the advisory committee and shall, from time to time, prepare and furnish such reports, audits, and other information relating to the duties of the advisory committee as may be requested by the advisory committee, the city's administration, or the department of housing and community development. In the event that the employee is for any reason temporarily incapable of exercising the powers and performing the duties and assigned functions, the city manager shall designate an employee to perform such functions and duties until such incapacity of the permanently assigned employee ceases. (Ord. No. 13967, § 3, 2-25-21) Sec. 2-1105. - Counsel. The city attorney's office shall provide legal counsel to the advisory committee as may be necessary and requested by the advisory committee. (Ord. No. 13967, § 3, 2-25-21) Sec. 2-1106. - Administrative support services. The advisory committee is hereby designated as a category "C" advisory committee as it relates to the administrative support services to be provided by the office of the city clerk. (Ord. No. 13967, § 3, 2-25-21) Sec. 2-1107. - Sunset review of the advisory committee. Notwithstanding the provisions contained in section 2-892 of the City Code, the advisory committee shall be initially reviewed in 2025. Thereafter, the advisory committee shall be reviewed every four years. (Ord. No. 13967, § 3, 2-25-21) Sec. 2-1108. - Abolition of the advisory committee. The city commission may, by an affirmative four -fifths vote, abolish the advisory committee, at which time the powers and duties of the advisory committee shall revert to the city. (Ord. No. 13967, § 3, 2-25-21) Secs. 2-1109-2-1120. - Reserved. 5/5