Florida 2025 2025 Regular Session

Florida House Bill H0539 Introduced / Bill

Filed 02/11/2025

                       
 
HB 539   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to the independent living housing 2 
grant; amending s. 409.1451, F.S.; creating the 3 
independent living housing grant for a specified 4 
purpose; providing definitions; providing eligibility 5 
requirements; requiring a community -based care lead 6 
agency to calculate the amount of financial assistance 7 
based on certain factors; requiring a community -based 8 
care lead agency to enter into formal agreements with 9 
eligible young adults; providing requirements for such 10 
agreement; requiring a community -based care lead 11 
agency to terminate an agreement under certain 12 
circumstances; requiring specified notice be given to 13 
a young adult before an agreement is terminated; 14 
specifying the circumstances under which a community -15 
based care lead agency can enter into a subse quent 16 
agreement; providing the duties of a community -based 17 
care lead agency; prohibiting a community -based care 18 
lead agency from charging a fee for certain services; 19 
requiring the Department of Children and Families to 20 
advertise the independent living hous ing grant and 21 
provide relevant information to certain person; 22 
amending s. 39.6035, F.S.; conforming provisions to 23 
changes made by the act; amending ss. 409.1455 and 24 
420.0004, F.S.; conforming cross -references; providing 25     
 
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an effective date. 26 
 27 
Be It Enacted by the Legislature of the State of Florida: 28 
 29 
 Section 1.  Subsections (4) through (12) of section 30 
409.1451, Florida Statutes, are renumbered as subsections (5) 31 
through (13), respectively, present subsections (9) and (11) are 32 
amended, and a new subsecti on (4) is added to that section, to 33 
read: 34 
 409.1451  The Road-to-Independence Program. — 35 
 (4)  INDEPENDENT LIVING HOUSING GRANT. —The independent 36 
living housing grant is established to assist eligible young 37 
adults aging out of foster care afford rent for res idential 38 
housing. The purpose of this grant is to help eligible young 39 
adults successfully transition into independent living. 40 
 (a)  As used in this subsection, the term: 41 
 1.  "Dwelling unit" means a structure or part of a 42 
structure that meets the criteria for affordable housing in s. 43 
420.602(3) and is rented for use as a home, residence, or 44 
sleeping place. 45 
 2.  "Fair market rent" means periodic payments due to a 46 
landlord from a tenant for occupancy of a dwelling unit that is 47 
based on the fair market rental rate for a dwelling unit that 48 
meets the criteria for affordable housing in s. 420.602(3). 49 
 3.  "Income" means money received at periodic intervals 50     
 
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from any source, including, but not limited to, wages or other 51 
renumeration from an employer. 52 
 4.  "Personal contribution" means the share, calculated as 53 
a percentage, of an eligible young adult's income that he or she 54 
contributes toward the rental of a dwelling unit. 55 
 (b)  A young adult is eligible for financial assistance 56 
under this subsection if he or she: 57 
 1. Has reached 18 years of age but is not yet 22 years of 58 
age or, in the case of a young adult who has a diagnosed 59 
disability, is not yet 25 years of age. 60 
 2.  Was living in licensed care on his or her 18th 61 
birthday. 62 
 3.  Is not in extended foster care unde r s. 39.6251. 63 
 4.  Resides in this state. 64 
 5.  Applied for federal, state, or local financial 65 
assistance for housing and was accepted for such financial 66 
assistance, was placed on a waitlist for such assistance, or has 67 
not been notified of his or her acceptance or denial for 68 
financial assistance within 30 days after the submission of an 69 
application. 70 
 6.  Completed the financial literacy curriculum offered by 71 
the Department of Financial Services for young adults or 72 
individuals with a diagnosed disabilit y, as applicable. 73 
 7.  Provides documentation to the department or community -74 
based care lead agency that the young adult is: 75     
 
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 a.  Progressing toward a secondary education credential or 76 
a vocational education credential; 77 
 b.  Participating in a program or a ctivity designed to 78 
promote or eliminate barriers to employment; 79 
 c.  Employed for at least 80 hours per month; or 80 
 d.  Unable to participate in an activity listed in sub -81 
subparagraphs a.-c. due to a diagnosed physical, intellectual, 82 
emotional, or psychiat ric condition that limits his or her 83 
participation. 84 
 (c)  The community-based care lead agency shall calculate 85 
the amount of financial assistance available to an eligible 86 
young adult. In calculating the amount of financial assistance 87 
available under this s ubsection, the community -based care lead 88 
agency must: 89 
 1.  Establish the young adult's monthly personal 90 
contribution to the fair market rent in an amount equal to 33 91 
percent of his or her monthly income. 92 
 2.  After calculating the young adult's personal 93 
contribution, determine the amount of the demonstrated unmet 94 
need, after applying any federal, state, or local financial 95 
assistance for housing, necessary to cover at least 100 percent, 96 
but no more than 115 percent, of the fair market rent for the 97 
dwelling unit. 98 
 (d)  The community-based care lead agency shall enter into 99 
a formal agreement with the young adult for financial assistance 100     
 
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under this subsection. The agreement must do all of the 101 
following: 102 
 1.  State the amount of financial assistance determined 103 
under paragraph (c). 104 
 2.  Require the young adult to agree to pay rent and 105 
provide proof of each month's rent payment to the community -106 
based care lead agency. 107 
 3.  Require the community -based care lead agency to create 108 
a financial plan with the young adult a s part of his or her 109 
transition plan required under s. 39.6035. 110 
 (e)1.  The community -based care lead agency shall terminate 111 
the formal agreement with the young adult if he or she is no 112 
longer eligible for financial assistance under this subsection 113 
or fails to comply with the terms of the agreement. Before 114 
termination of an agreement, the community -based care lead 115 
agency must notify the young adult by certified mail, return 116 
receipt requested, that his or her agreement is to be terminated 117 
and inform the young adult of his or her right to appeal such 118 
termination. 119 
 2.  If the community -based care lead agency terminates a 120 
formal agreement because the young adult is no longer eligible 121 
for financial assistance, the community -based care lead agency 122 
may enter into a subsequent agreement with the young adult at a 123 
later date when he or she is eligible again. 124 
 3.  If the community -based care lead agency terminates a 125     
 
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formal agreement because the young adult fails to comply with 126 
the terms of the agreement, the community -based care lead agency 127 
may not enter into a subsequent agreement with the young adult 128 
for financial assistance under this subsection. 129 
 (f)  The community-based care lead agency must do all of 130 
the following: 131 
 1.  Notify the department when the lead agency ex ecutes a 132 
formal agreement with an eligible young adult for financial 133 
assistance under this subsection. 134 
 2.  Disburse, in the manner specified in the formal 135 
agreement, to the young adult the monthly amount for rent. 136 
 3.  Notify the department if the communi ty-based care lead 137 
agency terminates a formal agreement for financial assistance 138 
under this subsection. 139 
 4.  Review, and update if necessary, the young adult's 140 
financial plan with him or her every 6 months until the young 141 
adult is no longer receiving finan cial assistance under this 142 
subsection. 143 
 (g)  A community-based care lead agency may not charge a 144 
fee for the administration of financial assistance under this 145 
subsection. 146 
 (h)  The department must do both of the following: 147 
 1.  Disburse to the community -based care lead agency the 148 
full amount of financial assistance as stated in the formal 149 
agreement within 10 days after the lead agency notifies the 150     
 
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department of the agreement. 151 
 2.  Advertise the availability of the independent living 152 
housing grant and provid e relevant information, such as 153 
eligibility criteria and application procedures, to children and 154 
young adults who are leaving, or were formerly in, foster care; 155 
caregivers; case managers; guidance and family services 156 
counselors; principals or other relevan t school administrators; 157 
and guardians ad litem. 158 
 (10)(9) FINANCIAL ASSISTANCE FOR YOUNG ADULTS RECEIVING 159 
SERVICES.—Financial awards to young adults receiving services 160 
under subsections (2) , and (3), and (4) and s. 39.6251 may be 161 
disregarded for purposes of determining the eligibility for, or 162 
the amount of, any other federal or federally supported 163 
assistance for which the department is required to determine 164 
eligibility for the program. 165 
 (12)(11) FUNDING DURING EMERGENCY.—Notwithstanding the 166 
eligibility criteria in subsections (2) , and (3), and (4), the 167 
department may distribute federal funds to all young adults 168 
deemed eligible by the funding source in the event of a state or 169 
national emergency. 170 
 Section 2.  Subsections (1) and (5) of section 39.6035, 171 
Florida Statutes, is amended to read: 172 
 39.6035  Transition plan. — 173 
 (1)  During the year after a child reaches 16 years of age, 174 
the department and the community -based care lead agency, in 175     
 
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collaboration with the c aregiver and any other individual whom 176 
the child would like to include, shall assist the child in 177 
developing a transition plan. The required transition plan is in 178 
addition to standard case management requirements. The 179 
transition plan must address specific options for the child to 180 
use in obtaining services, including housing, health insurance, 181 
education, financial literacy, a driver license, and workforce 182 
support and employment services. The plan must also include 183 
tasks to establish and maintain naturally oc curring mentoring 184 
relationships and other personal support services. The 185 
transition plan may be as detailed as the child chooses. This 186 
plan must be updated as needed before the child reaches 18 years 187 
of age and after the child reaches 18 years of age if he or she 188 
is receiving funding under s. 409.1451(2) or (4). In developing 189 
and updating the transition plan, the department and the 190 
community-based care lead agency shall: 191 
 (a)  Provide the child with the documentation required 192 
under s. 39.701(3). 193 
 (b)  Coordinate the transition plan with the independent 194 
living provisions in the case plan and, for a child with 195 
disabilities, the Individuals with Disabilities Education Act 196 
transition plan. 197 
 (c)  Provide information for the financial literacy 198 
curriculum for youth offered by the Department of Financial 199 
Services. 200     
 
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 (d)  Provide information about independent living services 201 
and programs which is tailored to the individual needs and plans 202 
of the child, including, at a minimum, the specific benefits of 203 
each program and how such benefits meet the needs and plans of 204 
the child, the advantages and disadvantages of participation in 205 
each program considering the needs and plans of the child, and 206 
the financial value of each program to the child. The community -207 
based care lead agency shall discuss this information with the 208 
child, and the child must sign a document indicating that he or 209 
she: 210 
 1.  Received such information. 211 
 2.  Discussed such information with the community -based 212 
care lead agency representative. 213 
 3.  Understands how such services and benefits would meet 214 
his or her individual needs. 215 
 4.  Understands how such services would assist him or her 216 
in accomplishing future plans. 217 
 (5)  The department or community -based care lead agency 218 
shall continue to periodically meet with a young adult to review 219 
and, if necessary, update the transition plan beyond his or her 220 
18th birthday if the young adult receives funding under s. 221 
409.1451(2) or (4). 222 
 Section 3.  Subsection (11) of section 409.1455, Florida 223 
Statutes, is amended to read: 224 
 409.1455  Step into Success Workforce Education and 225     
 
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Internship Pilot Program for foster youth and former foster 226 
youth.— 227 
 (11)  REPORT.—The department shall include a section on the 228 
Step into Success Workforce Education and Internship Pilot 229 
Program in the independent living annual report prepared 230 
pursuant to s. 409.1451(7) s. 409.1451(6) which includes, but is 231 
not limited to, all of the following: 232 
 (a)  Whether the pilot program is in compliance with this 233 
section, and if not, barriers to compliance. 234 
 (b)  A list of participating organizations and the number 235 
of interns. 236 
 (c)  A summary of recruitment efforts to increase the 237 
number of participating organizations. 238 
 (d)  A summary of the feedback and surveys received 239 
pursuant to paragraph (6)(h) from participati ng former foster 240 
youth, mentors, and others who have participated in the pilot 241 
program. 242 
 (e)  Recommendations, if any, for actions necessary to 243 
improve the quality, effectiveness, and outcomes of the pilot 244 
program. 245 
 (f)  Employment outcomes of former foste r youth who 246 
participated in the pilot program, including employment status 247 
after completion of the program, whether he or she is employed 248 
by the participating organization in which he or she interned or 249 
by another entity, and job description and salary inf ormation, 250     
 
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if available. 251 
 Section 4.  Subsection (13) of section 420.0004, Florida 252 
Statutes, is amended to read: 253 
 420.0004  Definitions. —As used in this part, unless the 254 
context otherwise indicates: 255 
 (13)  "Person with special needs" means an adult person 256 
requiring independent living services in order to maintain 257 
housing or develop independent living skills and who has a 258 
disabling condition; a young adult formerly in foster care who 259 
is eligible for services under s. 409.1451 s. 409.1451(5); a 260 
survivor of domestic violence as defined in s. 741.28; or a 261 
person receiving benefits under the Social Security Disability 262 
Insurance (SSDI) program or the Supplemental Security Income 263 
(SSI) program or from veterans' disability benefits. 264 
 Section 5. This act shall take effect July 1, 2025. 265