Ordinance 2020-4355 ORDINANCE NO. 2020-4355
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
2 OF THE CITY CODE, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE III, ENTITLED "AGENCIES, BOARDS
AND COMMITTEES," BY AMENDING DIVISION 12.5,
ENTITLED "AFFORDABLE HOUSING ADVISORY
COMMITTEE," BY AMENDING SECTION 2-167 THEREOF,
ENTITLED "ESTABLISHED; PURPOSE; POWERS AND
DUTIES; COMPOSITION," TO AMEND THE COMPOSITION OF
THE AFFORDABLE HOUSING ADVISORY COMMITTEE TO
INCLUDE A MEMBER OF THE CITY COMMISSION, AND TO
REDUCE THE NUMBER OF COMMITTEE MEMBERS; AND
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS, in 1992, the Florida Legislature enacted the William E. Sadowski Affordable
Housing Act, creating a dedicated source of revenue for housing from a portion of documentary
stamp taxes on the transfer of real estate; and
WHEREAS, the State Housing Initiatives Partnership (SHIP) Program, which is
administered by Florida Housing Finance Corporation (FHFC), provides funds to local
governments as an incentive to create partnerships that produce and preserve affordable
homeownership and multifamily housing; and
WHEREAS, in 2007, the Florida Legislature passed House Bill 1375 which, in pertinent
part, required cities and counties receiving SHIP funds to appoint an Affordable Housing
Advisory Committee(AHAC); and
WHEREAS, on May '14, 2008, the Mayor and City Commission adopted Ordinance No.
2008-3605, amending Chapter 2 of the Miami Beach City Code, to create the City's 'Affordable
Housing Advisory Committee"(the"Committee"); and
WHEREAS, on February 12, 2014, the Mayor and City Commission adopted Ordinance
No. 2014-3841, expanding the purpose and duties of the Committee; and
WHEREAS, following the 2020 session of the Florida Legislature, the Governor signed
House Bill 1339 into law which, in pertinent part, amended statutory requirements on SHIP
annual reporting, Affordable Housing Advisory Committees (AHACs), the State Apartment
Incentive Loan (SAIL)program, accessory dwelling units, and fees/set-asides; and
WHEREAS, specifically, House Bill 1339 amended Section 420.9076(2), Florida
Statutes, to require that "one locally elected official from each . . . municipality" be appointed to
each AHAC; and
WHEREAS, additionally, in order to comply with existing requirements in Section
420.9076(2), Florida Statutes, the Administration recommends that the City Commission reduce
the number of Committee members from 18 to 11 voting members.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Section 2-167 of Division 12.5, of Article Ill, of Chapter 2 of the City Code, entitled
"Administration," is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE III.AGENCIES, BOARDS AND COMMITTEES
* * *
Division 12.5. Affordable Housing Advisory Committee
Sec. 2-167. Composition.
The affordable housing advisory committee shall consist of 48 11 voting members,with each of
whom shall have a two-year terms. -- - . - . - • - - • . - "e - - -
six months.• or
One member of the committee shall be the mayor or a member of the city commission,
appointed at-large by a majority vote of the mayor and city commission. The remaining 44 10
members shall be appointed at-large by a majority vote of the mayor and city commission. The
at ge-appeintees. and must include members from at least six(6)of the following categories:
(1) One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
(2) One citizen who is actively engaged in the banking or mortgage banking industry in
connection with affordable housing.
(3) One citizen who is a representative of those areas of labor actively engaged in home
building in connection with affordable housing.
(4) One citizen who is actively engaged as an advocate for low-income persons in
connection with affordable housing.
(5)One citizen who is actively engaged as a for-profit provider of affordable housing.
(6)One citizen who is actively engaged as a not-for-profit provider of affordable housing.
(7) One citizen who is actively engaged as a real estate professional in connection with
affordable housing.
(8) One citizen who actively serves on the local planning agency pursuant to F.S. §
163.3174.
Page 677 of 1855
(9) One citizen who resides within the jurisdiction of the local governing body making the
appointments.
(10) One citizen who represents employers within the jurisdiction.
(11) One citizen who represents essential services personnel, as defined in the local
housing assistance plan.
If the City, due to the presence of a conflict of interest by prospective appointees, or other
reasonable factor, is unable to appoint a citizen actively engaged in these activities in
connection with affordable housing, a citizen engaged in the activity without regard to affordable
housing may be appointed.
* *
SECTION 2. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE. ,,,G
This Ordinance shall take effect on the 026 day of S/�" rn C2020.
PASSED AND ADOPTED this ffi day of 9miPr , 2020.
ATTEST:
Dan Gelber, Mayor
A ctz`t latz
Raf-el '"Grana•o, ty Clerk APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
(Sponsored by Commissioner Michael Gongora)
k1 :20/22]?O?D
•
... f`�c ', 'pity Attorney Date
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Page 678 of 1855
Ordinances -R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 16, 2020
9:20 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY
CODE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE III,
ENTITLED "AGENCIES, BOARDS AND COMMITTEES," BY AMENDING
DIVISION 12.5, ENTITLED "AFFORDABLE HOUSING ADVISORY
COMMITTEE," BY AMENDING SECTION 2-167 THEREOF, ENTITLED
"ESTABLISHED; PURPOSE; POWERS AND DUTIES; COMPOSITION," TO
AMEND THE COMPOSITION OF THE AFFORDABLE HOUSING
ADVISORY COMMITTEE TO INCLUDE A MEMBER OF THE CITY.
COMMISSION, AND TO REDUCE THE NUMBER OF COMMITTEE
MEMBERS; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
Approve the Ordinance
BACKGROUND/HISTORY
In 1992, the Florida Legislature enacted the William E. Sadowski Affordable Housing Act, creating a
dedicated source of revenue for housing from a portion of documentary stamp taxes on the transfer of
real estate. The State Housing Initiatives Partnership (SHIP) program, which is administered by the
Florida Housing Finance Corporation (FHFC), provides funds to local governments as an incentive
to create partnerships that produce and preserve affordable homeownership and multifamily housing.
The SHIP program operates under the governance of Chapter 420, part 7 F.S., and Rule Chapter
67-37 of the Florida Administrative Code. In 2007, the Florida Legislature passed House Bill 1375,
requiring Cities and Counties that receive SHIP funds to appoint an Affordable Housing Advisory
Committee(AHAC).
On May 14, 2008, the Mayor and City Commission adopted Ordinance No. 2008-3605 amending
Chapter 2 of the Miami Beach City Code, to create the City's "Affordable Housing Advisory
Committee". On February 12, 2014, the Mayor and City Commission adopted Ordinance No. 2014-
3841, expanding the purpose and duties of the Committee.
A population-based formula determines the City's SHIP allocation.The distribution of funds to eligible
communities occurs quarterly into the local government Housing Trust Fund when documentary
Page 672 of 1855
stamp revenues are collected. In FY 19/20,the City received a total of$78,057 in SHIP funding.
Following the 2020 session of the Florida Legislature, the Governor signed House Bill 1339 into law
which, in pertinent part amended statutory requirements on SHIP annual reporting, Affordable
Housing Advisory Committees (AHAC), the State Apartment Incentive Loan (SAIL) program,
accessory dwelling units, and fees/ set-asides. In order to comply with existing requirements in
Section 420.9076(2), Florida Statutes, the Administration recommends that the City Commission
reduce the number of Committee ittee members from 18 voting to 11 voting members.
The Ordinance was approved at First Reading on July 29, 2020.
•
ANALYSIS
AHAC is statutorily required to engage in certain specific activities. AHAC must: 1) review
established policies and procedures, ordinances, and land development regulations; 2) create
exceptions applicable to affordable housing; 3) adopt new policies or amendments to the local
comprehensive plan and local housing assistance plan of the appointing local government and
recommend specific actions or initiatives to encourage or facilitate affordable housing.
Section 420.9076(2), F.S. stipulates that AHAC must have at least eight(8) members representing at
least six(6) categories of experience identified in the statute. However, local governments may elect
to have up to eleven (11) committee members. Currently, the ordinance authorizing AHAC states that
the committee is comprised of 18 voting members. The Administration recommends reducing
membership to 11 voting members, the maximum stipulated in the revised statute.One member of the
Committee shall be the Mayor or a member of the City Commission, appointed at-large by a majority
vote of the Mayor and City Commission.
The remaining ten (10)members shall be appointed at-large by a majority vote of the Mayor and City
Commission and must include members from at least six(6)of the following categories:
(a) Citizen who is actively engaged in the residential home building industry in connection with
affordable housing;
(b) Citizen who is actively engaged in the banking or mortgage banking industry in connection with
affordable housing;
(c) Citizen who is a representative of those areas of labor actively engaged in home building in
connection with affordable housing;
(d) Citizen who is actively engaged as an advocate for low-income persons in connection with
affordable housing;
(e) Citizen who is actively engaged as a for-profit provider of affordable housing;
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(f) Citizen who is actively engaged as a not-for-profit provider of affordable housing;
(g) Citizen who is actively engaged as a real estate professional in connection with affordable
housing;
(h) Citizen who is actively serving on the local planning agency pursuant to Florida Statutes, Sec.
163.3174;
(i)Citizen who is residing within the jurisdiction of the local governing body making the appointments;
(j)Citizen who represents employers within the jurisdiction;and
(k) Citizen who represents essential services personnel, as defined in the local housing assistance
plan.
House Bill 1339 requires that effective October 1, 2020, each AHAC contain one locally elected
official from each County or Municipality. More so, the elected official's participation is critical to the
City's allocation and program compliance. The local elected official or elected designee must attend
biannual regional workshops convened and administered under the Affordable Housing Catalyst
Program. If the locally elected official or designee fails to attend three (3) consecutive regional
workshops, the corporation may withhold funds pending the person's attendance at the next regularly
scheduled biannual meeting.
Additionally, House Bill 1339 amends reporting requirements and replaces the triennial report with
an annual report. At a minimum, this report, which is compiled in conjunction with the City's AHAC
and approved by the City Commission, is subsequently submitted to FHFC, and includes
recommendations on the implementation of affordable housing incentives in our community._
CONCLUSION
The changes incorporated by House Bill 1339 must be implemented by the City by October 1, 2020
in order to remain complaint. The City's report must reflect that these changes were adopted by the
City Commission and accepted by FHFC by December 30, 2020. These changes must also be
reflected in the City's Local Housing Assistance Plan.
Applicable Area
Not Applicable
•
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Housing and Community Services
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
Page 674 of 1855
AHAC Ordinance
Page 675 of 1855