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RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO IDENTIFY LEGALLY AVAILABLE FUNDS IN THE FISCAL YEAR 2022-2023 COUNTYWIDE, UNINCORPORATED MUNICIPAL SERVICE AREA, AND PROPRIETARY BUDGETS (�BUDGETS�) TO IMPLEMENT THE FIRST-TIME HOMEBUYER PROGRAM AND THE EMERGENCY HOUSING ASSISTANCE PROGRAM FOR ELIGIBLE COUNTY EMPLOYEES; AND, IF SUCH FUNDS ARE AVAILABLE, TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE PROGRAMS AND REQUIRING A REPORT; ADOPTING BOARD POLICY REGARDING THE PROGRAMS AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO INCLUDE FUNDING IN THE COUNTY MAYOR�S PROPOSED BUDGET FOR FISCAL YEAR 2023-2024 TO OPERATE THE PROGRAMS

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WHEREAS, it is well known that Miami-Dade County has a current shortage of affordable and workforce housing and anticipates that this shortage will worsen in the coming years; and
WHEREAS, this Board values the vast and important contributions of Miami-Dade County employees; and
WHEREAS, this Board desires to assist County employees dealing with unexpected financial hardships that threaten the stability of their housing; and
WHEREAS, on March 1, 2022, this Board adopted Resolution No. R-219-22, directing the County Mayor or County Mayor�s designee to evaluate the feasibility of and provide recommendations for developing a first-time homebuyer assistance program through which County employees could use accrued annual leave time to pay closing costs, or down payment, or both; and
WHEREAS, on May 3, 2022, this Board adopted Resolution No. R-445-22, directing the County Mayor or County Mayor�s designee to evaluate the feasibility of and provide recommendations for developing an emergency housing payment assistance program for County employees through which County employees could utilize accrued annual leave time to pay rent or mortgage payments; and
WHEREAS, Resolution No. R-219-22 and Resolution No. R-445-22 both required reports (hereinafter �Reports�) to the Board, attached hereto as Exhibit A and Exhibit B, and incorporated herein by reference; and
WHEREAS, the Reports provided for how the first-time homebuyer program and the emergency housing payment assistance program would be established and implemented; and
WHEREAS, regarding the fiscal impact of the programs, both Reports stated that because �there are employees within proprietary or general fund departments,� it is �difficult to determine what the impact will be to the general fund;� and
WHEREAS, the Report on the first-time homebuyer assistance program �recommended that employees would be allowed to request a one-time, irrevocable cash out of the value of annual leave not to exceed $25,000.00 gross� and, assuming that this full benefit is utilized, the Report estimated that �[i]f 100 employees were to take advantage of the program in any given year, this would require a payout of $2,500,000.00;� and
WHEREAS, similarly, the Report on the emergency housing payment assistance program �recommended that employees would be allowed to request a one-time, irrevocable cash out of the value of annual leave not to exceed $12,000.00 gross,� and, assuming that this full benefit is utilized, the Report estimated that �[i]f 100 employees were to take advantage of the program in any given year, this would require a payout of $1,200,000.00;� and
WHEREAS, the Reports stated that allowing employees to cash out their accrued leave earlier in their careers, at their current rate of pay, may ultimately reduce the County�s expenses at the time of each employee�s separation from County service; and
WHEREAS, on October 6, 2022, the Reports were accepted by the Board; and
WHEREAS, this Board now wishes to direct to the County Mayor or County Mayor�s designee to implement the First-Time Homebuyer Program and the Emergency Housing Payment Assistance Program as provided for in the Reports,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board directs the County Mayor or County Mayor�s designee to identify legally available funds in the fiscal year 2022-2023 countywide, unincorporated municipal service area, and proprietary budgets (�FY 22-23 budgets�) to implement: (a) the first-time homebuyer program as provided for in Exhibit A and the policies set forth in section 2 of this resolution; and (b) the emergency housing payment assistance program as provided for in Exhibit B and the policies set forth in section 3 of this resolution.
Section 2. This Board adopts as Board policy the following requirements for the first-time homebuyer program: (a) County employees may only participate in the program once, contemporaneous with the purchase of their first home and the definition of first-time homebuyer shall be as used in the County�s Homebuyer Loan Program, codified in Article XII of the County Code; (b) County employees must be employed with the County for a minimum of three years at time of application in order to participate and must leave a minimum of 80 hours in their annual leave bank but there shall be no income restrictions for County employees to participate in the program; (c) County funds provided must be used exclusively to pay closing costs or down payment costs, or both, with proof of such verified by the County�s Human Resources Department or other department as designated by the County Mayor or County Mayor�s designee, and employees may be subject to audits to ensure that the funds were utilized for the intended purpose; (d) County employees can only request a one-time, irrevocable cash-out of the value of unused annual leave not to exceed $25,000.00 gross; (e) The benefit will be available to non-bargaining County employees and all other County employees within collective bargaining units, provided that written consent of the applicable collective bargaining agents is obtained to provide this benefit to bargaining unit employees; (f) Employees will be required to complete an application in substantially the form attached hereto as Exhibit C and provide a copy of the purchase contract, the loan estimate or closing disclosure, and any other relevant documentation deemed necessary by the County Mayor or County Mayor�s designee to determine eligibility; and (g) the County Mayor or County Mayor�s designee shall require and review all forms and documentation deemed necessary to confirm eligibility and proper use of County funds in accordance with the Board�s policy. The implementation and effectiveness of this policy is subject to the availability of funding.
Section 3. This Board adopts as Board policy the following requirements for the emergency housing payment assistance program: (a) County employees may only participate in the program once; (b) Only rent or mortgage payments on a property which is the primary residence of the employee shall be permitted; (c) Funds must be used exclusively to pay current or past-due rent or mortgage payments, with proof of payment verified by the County�s Human Resources Department or other department as designated by the County Mayor or County Mayor�s designee, and employees may be subject to audits to ensure that the funds were utilized for the intended purpose; (d) There shall be no income requirements for County employees to participate in the program; (e) County employees can only request a one-time, irrevocable cash-out of the value of unused annual leave not to exceed $12,000.00 gross; (f) The benefit will be available to non-bargaining County employees and all other County employees within collective bargaining units, provided that written consent of the applicable collective bargaining agents is obtained to provide this benefit to bargaining unit employees; (g) Employees will be required to complete an application in substantially the form attached hereto as Exhibit D and provide a copy of the rental agreement indicating the monthly payment (if in arrears, appropriate proof of the period of time in arrears must be provided), a copy of the mortgage statement or letter indicating the monthly payment and amount in arrears, and any other relevant documentation deemed necessary by the County Mayor or County Mayor�s designee to determine eligibility; and (h) the County Mayor or County Mayor�s designee shall require and review all forms and documentation deemed necessary to confirm eligibility and proper use of County funds in accordance with the Board�s policy. The implementation and effectiveness of this policy is subject to the availability of funding.
Section 4. If the County Mayor or County Mayor�s designee identifies legally available funds in the FY 22-23 budgets to fund the programs in accordance with the policy and direction set forth in this resolution, the Board directs the County Mayor or County Mayor�s designee to: (a) take all actions necessary to implement the programs, including but not limited to, presenting any necessary amendments or revisions to the budgets to this Board for approval and placing caps on the number of employees or funds that can be funded from each of the budgets; and (b) provide a report to the Board containing the following: (1) the status of the program including how many employees have enrolled; (2) the current cost to the County; and (3) the anticipated budgetary impact. The County Mayor or County Mayor�s designee shall provide the aforementioned report to this Board within 180 days of the effective date of this resolution and place the completed report on an agenda of the full Board without committee review pursuant to rule 5.06(j) of the Board's Rules of Procedure.� Alternatively, if the County Mayor or County Mayor�s designee is unable to identify legally available funds within the budgets for the purposes set forth in this resolution, the County Mayor or County Mayor�s designee shall provide a written report within 30 days of the effective date of this resolution setting forth any reasons why funds have not been identified or cannot be used or allocated for such purposes, and place the completed report on agenda of the full Board without committee review pursuant to rule 5.06(j) of the Board's Rules of Procedure.�
Section 5. The Board directs the County Mayor or County Mayor�s designee to include sufficient funding in the County Mayor�s proposed budget for Fiscal Year 2023-2024 to operate the Programs in accordance with the Board�s policy and directions set forth in this resolution, provided that the amount of funding available in any fiscal year for the Programs and number of employees that may participate in the Programs may be capped.