§ 1-8-61. Definitions.

As used in this article, the terms:

Adjusted for family size means adjusted in a manner which results in an income eligibility level that is lower for households having fewer than four (4) people, or higher for households having more than four (4) people, than the base income eligibility determined as provided in the definitions of "low-income person," "moderate-income person," or "very low-income person," based upon a formula established by the United States Department of Housing and Urban Development.

Adjusted gross income means wages, income from assets, regular cash or noncash contributions, and any other resources and benefits determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, minus the deductions allowable under Section 61 of the Internal Revenue Code of 1986, as amended.

Administrative expenses means those expenses directly related to implementation of the local housing assistance plan and local housing assistance programs.

Affordable means that monthly rents or monthly mortgage payments, including taxes and insurance, that do not exceed thirty (30) percent of an amount representing the percentage of the median adjusted gross income for households as indicated in the definitions of "low-income person," "moderate-income person," or "very low-income person." However, it is not the intent to limit an individual's ability to devote more than thirty (30) percent of his income for housing.

Agency means the Florida Housing Finance Agency.

Award means a loan, grant, or subsidy funded wholly or partially by the local housing distribution.

Community-based organization means a nonprofit organization that has among its purposes the provision of affordable housing to persons who have special needs or have very low income, low income, or moderate income within a designated area, which may include a municipality, a county, or more than one (1) municipality or county, and maintains, through a minimum of one-third representation on the organization's governing board and otherwise, accountability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 CFR, Part 92.2 and a community development corporation created pursuant to F.S. Chapter 290, are examples of community based organizations.

Department means the department of community affairs.

Disbursed means the request submitted by the agency to the comptroller for release of funds from the local government housing trust fund for credit to participating counties, eligible municipalities or interlocal entities.

Eligible housing means any real and personal property located within the county or the eligible municipality which is designed and intended for the primary purpose of providing decent, safe, and sanitary residential units which meet the standards of F.S. Chapter 553, for homeownership or rental for eligible persons as designated by each county or eligible municipality participating in the local housing assistance program.

Eligible municipality means a municipality that is eligible for federal community development block grants as an entitlement community identified in 24 C.F.R. § 570, Subpart D, Entitlement Grants, or a non-entitlement municipality that is receiving local housing distribution funds under an interlocal agreement that provides for possession and administrative control of funds to be transferred to the non-entitlement municipality. An eligible municipality that defers its participation in community development block grants does not affect its eligibility for participation in the State Housing Initiative Program.

Eligible person means one (1) or more natural persons or a family determined by the county or eligible municipality to be persons who have special housing needs, very low income, low income, or moderate income according to the adjusted gross income of the resident with adjustment made for family size.

Eligible sponsor means a person or a private or public for-profit or not-for-profit entity that applies for a loan under the local housing assistance program for the purpose of providing eligible housing for eligible persons.

Encumbered means monies committed by contract or purchase order in a manner that obligates the county, eligible municipality or interlocal entity to expend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real property by a vendor, supplier, contractor or owner.

Grant means a distribution of a portion of a local housing distribution to an eligible sponsor or eligible person to partially assist in the construction or rehabilitation of eligible housing or to provide the cost of tenant or ownership qualifications.

Homeownership means the use of the local housing distribution monies for the purpose of providing owner-occupied housing. Such uses may include, but are not limited to, construction, rehabilitation, purchase, and lease-purchase financing where the primary purpose is eventual purchase of the housing by the occupant.

Interlocal entity means an entity created pursuant to the provisions of F.S. Chapter 163, Part I, for the purpose of establishing a joint local housing assistance program pursuant to the provisions of F.S. section 420.9072(5).

Loan means a pledge of the local housing distribution moneys to an eligible sponsor or eligible person to partially finance the construction or rehabilitation of eligible housing.

Local government or interlocal entity in good standing means a local government or interlocal entity which has an approved local housing assistance plan and amendments, has timely submitted the required SHIP reports, and has adopted a local housing incentive plan within the required time frame specified in Rule 9I-37.010, Florida Administrative Code.

Local housing assistance plan means a concise description of the local housing assistance program adopted by local government ordinance or resolution with an explanation of the way in which the program meets the requirements of F.S. sections 420.907 through 420.9079.

Local housing assistance program means the housing construction, rehabilitation, repair, and finance program adopted by ordinance and implemented by a participating county or eligible municipality and with the local housing distribution or other funds deposited into the local housing assistance trust fund to make affordable residential units available to persons who have special housing needs, and persons having very low income, low income or moderate income.

Local housing distribution or SHIP Funds, means the proceeds of the taxes collected under F.S. Chapter 201, deposited into the Local Government Housing Trust Fund, created pursuant to F.S. section 420.9079, and distributed to counties and eligible municipalities participating in the State Housing Initiatives Partnership Program ("SHIP") pursuant to F.S. section 420.9073.

Local housing incentive plan means the plan addressing affordable housing incentives required pursuant to F.S. section 420.9076.

Local housing partnership means the implementation of the local housing assistance program in a manner that, to the greatest extent possible, includes full representation from both the public and private sector. Such partnership shall not be required to be a corporate or physical entity, but should involve the applicable local government, lending institutions, housing developers, community-based housing organizations and community service organizations, and providers of professional services relating to affordable housing as equal participants in the partnership. The term includes initiatives to provide support services for housing program beneficiaries such as training to prepare persons for the responsibility of homeownership, counseling of tenants, and the establishing of support services such as day care, health care, and transportation.

Low-income person means one (1) or more natural persons or a family, not including students, that has a total annual adjusted gross income for the household that does not exceed eighty (80) percent of the median annual adjusted gross income for households within the state or eighty (80) percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever amount is greater. With respect to rental units, the low-income person's annual adjusted gross income at the time of initial occupancy may not exceed eighty (80) percent of the state's median income adjusted for family size. While occupying the rental unit, a low-income person's annual adjusted gross income may increase to an amount not to exceed one hundred forty (140) percent of eighty (80) percent of the state's median income adjusted for family size for purposes of meeting the requirements of Rule 9I-37.007(9), Florida Administrative Code.

Moderate-income person means one (1) or more natural persons or a family, not including students, that has a total annual adjusted gross income for the household that is less than one hundred twenty (120) percent of the median annual adjusted gross income for households within the state or one hundred twenty (120) percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. With respect to rental units, the moderate-income person's annual adjusted gross income at the time of initial occupancy may not exceed one hundred twenty (120) percent of the state's median income adjusted for family size. While occupying the rental unit, a moderate-income person's annual adjusted gross income may increase to an amount not to exceed one hundred forty (140) percent of one hundred twenty (120) percent of the state's median income adjusted for family size.

Personal property means major appliances, including a freestanding refrigerator or stove, to be identified on the encumbering documents.

Persons who have special housing needs means individuals who have incomes not exceeding moderate income and, because of particular social, economic or health-related circumstances, may have greater difficulty acquiring or maintaining affordable housing. Such persons may have, for example, encountered resistance to their residing in particular communities, and may have suffered increased housing costs resulting from their unique needs and high risk of institutionalization. Such persons may include, but are not limited to, persons with developmental disabilities; persons with mental illnesses or chemical dependency; persons with Acquired Immune Deficiency Syndrome ("AIDS") and Human Immunodeficiency Virus ("HIV") disease; runaway and abandoned youth; public assistance recipients; migrant and seasonal farmworkers; refugees and entrants; the elderly; and disabled adults.

Population means the latest official state estimate of population certified pursuant to F.S. section 186.901, prior to the beginning of the fiscal year.

Review committee means the committee established pursuant to Rule 9I-37.012, Florida Administrative Code.

SHIP or SHIP Program means the State Housing Initiatives Partnership Program created pursuant to the State Housing Initiative Partnership Act, F.S. sections 420.907 through 420.9079.

Student means a person not living with the person's parent or guardian who is eligible to be claimed by the person's parent or guardian as a dependent under the Federal Income Tax Code and who is enrolled at least half time in a secondary school, vocational-technical school, community college, or university. The term does not include a person participating in a job training program approved by the county or eligible municipality.

Very low-income person means one (1) or more natural persons or a family, not including students, that has a total annual adjusted gross income for the household that does not exceed fifty (50) percent of the median annual adjusted gross income gross income for households within the state or fifty (50) percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. With respect to rental units, the very low-income person's annual adjusted gross income at the time of initial occupancy may not exceed fifty (50) percent of the state's median income adjusted for family size. While occupying the rental unit, a very low-income person's annual adjusted gross income may increase to an amount not to exceed one hundred forty (140) percent of fifty (50) percent of the state's median income adjusted for family size for purposes of meeting the requirements of Rule 9I-37.007(11), Florida Administrative Code.

(Ord. No. 93-07, § 1, 4-6-93; Ord. No. 93-26, § 1, 6-8-93; Ord. No. 97-073, § 9, 8-19-97)