HomeMy WebLinkAbout2024-007Exhibit E
67-37.005(1), F.A.C.
2023
RESOLUTION #:2024-007
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND
CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE PLANNING AND
DEVELOPMENT SERVICES DIRECTOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS
NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN
FOR REVIEW AND APPROVAL BYTHE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act,
Chapter 92-317 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, ss. 420.907-420.9079, Florida
Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires 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, F.S., it is found that 5 % of the local housing
distribution plus 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 10 % of the local housing distribution plus 5% of program income deposited into the trust
Exhibit E
67-37.005(1), F.A.C.
2023
fund, except that small counties, as defined in s. 120.52(19) Florida Statutes, and eligible
municipalities receiving a local housing distribution of up to $350,000 may use up to 10 % of
program income for administrative costs.
WHEREAS, the Planning and Development Services Department has prepared a three-year
Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and
WHEREAS, the Board of County Commissioners made a determination that it is in the best
interest of Indian River County citizens to submit the Local Housing Assistance Plan for review and
approval so as to qualify for said documentary stamp tax funds; and
WHEREAS, this resolution replaces and supersedes resolution #2020-107, which was approved
by the Board on December 1, 2020.
NOW THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA that:
Section 1: The Board of County Commissioners of Indian River County hereby approves the
Local Housing Assistance Plan, as attached and incorporated hereto for submission
to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079,
Florida Statutes, for fiscal years 2023-2024, 2024-2025, 2025-2026.
Section 2: The Planning and Development Services Director 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 terms and conditions of said
program.
Exhibit E
67-37.005(1), F.A.C.
2023
Section 3: The County shall utilize up to 10% of the local housing distribution plus 5% of the
program income deposited into the trust fund to administer the program.
Section 4: This resolution shall take effect immediately upon its adoption.
The foregoing resolution was offered by Commissioner Flescher and seconded by
Commissioner Loar , and being put to a vote, the vote was as follows:
Susan Adams, Chairman AYE
Joseph E. Flescher, Vice Chairman AYE
Joseph H. Earman, Commissioner AYE
Deryl Loar, Commissioner AYE
Laura Moss, Commissioner AYE
The Chairman thereupon declared the resolution duly passed and adopted this 20th day of
February 2024.
Ryan L. Butler,
ATTEST: BY:
BOARD OF COUNTY COMMISSIONERS
it Court and Com
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: jj� -F_
William TlDeBraal, 6unty Attorney
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Exhibit D
67-37.005(1), F.A.C.
2023
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Local Government or Interlocal Entity: Indian River County, Florida
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 ensure 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
Exhibit D
67-37.005(1), F.A.C.
2023
hyperlink shall be provided to Florida Housing by June 30 of the applicable year.
(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 (
Miami -Dade County).
Witness
Witness
Date
OR
Attest:
ief Elected Official or Designee
Type Name and Title
APPROVED AS TO POIRM
AND C.- I � 11 1 "N
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BY _
COUNTY ATTORNEY
(Seal)
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Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
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Deputy Clerk