Bill Text: FL S0998 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/CS/CS/HB 1339 [S0998 Detail]
Download: Florida-2020-S0998-Introduced.html
Bill Title: Housing
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/CS/CS/HB 1339 [S0998 Detail]
Download: Florida-2020-S0998-Introduced.html
Florida Senate - 2020 SB 998
By Senator Hutson
7-00386A-20 2020998__
1 A bill to be entitled
2 An act relating to housing; amending s. 125.01055,
3 F.S.; authorizing a board of county commissioners to
4 approve development of affordable housing on any
5 parcel zoned for residential, commercial, or
6 industrial use; beginning on a specified date,
7 prohibiting counties from collecting certain fees for
8 the development or construction of affordable housing;
9 amending s. 163.31771, F.S.; revising legislative
10 findings; requiring local governments to adopt
11 ordinances that allow accessory dwelling units in any
12 area zoned for residential use; amending s. 163.31801,
13 F.S.; requiring counties, municipalities, and special
14 districts to include certain data relating to impact
15 fees in their annual financial reports; deleting a
16 provision authorizing counties, municipalities, and
17 special districts to provide an exception for or
18 waiver on impact fees for the development or
19 construction of affordable housing; amending s.
20 166.04151, F.S.; authorizing governing bodies of
21 municipalities to approve the development of
22 affordable housing on any parcel zoned for
23 residential, commercial, or industrial use; beginning
24 on a specified date, prohibiting municipalities from
25 collecting certain fees for the development or
26 construction of affordable housing; amending s.
27 212.05, F.S.; providing the percentage of the sales
28 price of certain mobile homes which is subject to
29 sales tax; providing a sales tax exemption for certain
30 mobile homes; amending s. 212.06, F.S.; revising the
31 definition of the term “fixtures” to include certain
32 mobile homes; amending s. 320.77, F.S.; revising a
33 certification requirement for mobile home dealer
34 applicants relating to the applicant’s business
35 location; amending s. 320.822, F.S.; revising the
36 definition of the term “code”; amending s. 320.8232,
37 F.S.; revising applicable standards for the repair and
38 remodeling of mobile and manufactured homes; amending
39 s. 367.022, F.S.; exempting certain mobile home park
40 and mobile home subdivision owners from regulation
41 relating to water and wastewater systems by the
42 Florida Public Service Commission; revising an
43 exemption from regulation for certain water service
44 resellers; creating s. 420.0007, F.S.; providing a
45 local permit approval process for affordable housing;
46 requiring local governments to issue development
47 permits if certain conditions are met; requiring
48 applicants for development permits to submit certain
49 notice to the local government if relying on a
50 specified approval provision; amending s. 420.5087,
51 F.S.; revising the criteria used by a review committee
52 when evaluating and selecting specified applications
53 for state apartment incentive loans; amending s.
54 420.5095, F.S.; renaming the Community Workforce
55 Housing Innovation Pilot Program as the Community
56 Workforce Housing Loan Program to provide workforce
57 housing for essential services personnel affected by
58 the high cost of housing; revising the definition of
59 the term “workforce housing”; deleting the definition
60 of the term “public-private partnership”; authorizing
61 the corporation to provide loans under the program to
62 applicants for construction of workforce housing;
63 requiring the corporation to establish a certain loan
64 application process; deleting provisions requiring the
65 corporation to provide incentives for local
66 governments to use certain funds; requiring projects
67 to receive priority consideration for funding under
68 certain circumstances; deleting a provision providing
69 for the expedition of local government comprehensive
70 plan amendments to implement a program project;
71 requiring that the corporation award loans at a
72 specified interest rate and for a limited term;
73 conforming provisions to changes made by the act;
74 creating s. 420.5098, F.S.; creating the Rental to
75 Homeownership Opportunity Program; requiring certain
76 rental developments to establish a resident
77 homeownership opportunity financial incentive program;
78 specifying requirements relating to the program;
79 authorizing the Florida Housing Finance Corporation to
80 adopt rules; amending s. 420.531, F.S.; specifying
81 that technical support provided to local governments
82 and community-based organizations includes
83 implementation of the State Apartment Incentive Loan
84 Program; requiring the entity providing training and
85 technical assistance to convene and administer
86 quarterly workshops; requiring such entity to annually
87 compile and submit certain information to the
88 Legislature and the corporation by a specified date;
89 amending s. 420.9071, F.S.; revising the definition of
90 the term “local housing incentive strategies”;
91 amending s. 420.9075, F.S.; revising the criteria for
92 awards made to eligible sponsors or persons relating
93 to local housing assistance plans; revising the amount
94 of funds that may be reserved for certain purposes;
95 reenacting and amending s. 420.9076, F.S.; beginning
96 on a specified date, revising the membership of local
97 affordable housing advisory committees; requiring the
98 committees to perform specified duties annually
99 instead of triennially; requiring locally elected
100 officials serving on advisory committees, or their
101 designees, to attend quarterly regional workshops;
102 providing a penalty; amending s. 723.041, F.S.;
103 providing that a mobile home park damaged or destroyed
104 due to natural force may be rebuilt with the same
105 density as previously approved, permitted, or built;
106 providing construction; amending s. 723.061, F.S.;
107 revising a requirement related to mailing eviction
108 notices; specifying the waiver and nonwaiver of
109 certain rights of the park owner under certain
110 circumstances; requiring the accounting at final
111 hearing of rents received; requiring a tenant
112 defending certain actions by a landlord to comply with
113 certain requirements; amending s. 723.063, F.S.;
114 revising procedures and requirements for mobile home
115 owners and revising construction, relating to park
116 owners’ actions for rent or possession; revising
117 conditions under which a park owner may apply to a
118 court for disbursement of certain funds; reenacting s.
119 420.507(22)(i), F.S., relating to powers of the
120 Florida Housing Finance Corporation, to incorporate
121 the amendment made to s. 420.5087, F.S., in a
122 reference thereto; reenacting s. 193.018(2), F.S.,
123 relating to land owned by a community land trust used
124 to provide affordable housing, to incorporate the
125 amendment made to s. 420.5095, F.S., in a reference
126 thereto; reenacting s. 420.9072(2)(a), F.S., relating
127 to the State Housing Initiatives Partnership Program,
128 to incorporate the amendment made to s. 420.9071,
129 F.S., in a reference thereto; providing an effective
130 date.
131
132 Be It Enacted by the Legislature of the State of Florida:
133
134 Section 1. Subsections (4) and (5) are added to section
135 125.01055, Florida Statutes, to read:
136 125.01055 Affordable housing.—
137 (4) Notwithstanding any other law or local ordinance or
138 regulation to the contrary, the board of county commissioners
139 may approve the development of housing that is affordable, as
140 defined in s. 420.0004, on any parcel zoned for residential,
141 commercial, or industrial use.
142 (5) Beginning October 1, 2020, a county may not collect an
143 impact fee, a permit or inspection fee, a tree mitigation fee, a
144 water and sewer connection fee, or a proportionate share
145 contribution for the development or construction of housing that
146 is affordable, as defined in s. 420.0004.
147 Section 2. Subsections (1), (3), and (4) of section
148 163.31771, Florida Statutes, are amended to read:
149 163.31771 Accessory dwelling units.—
150 (1) The Legislature finds that the median price of homes in
151 this state has increased steadily over the last decade and at a
152 greater rate of increase than the median income in many urban
153 areas. The Legislature finds that the cost of rental housing has
154 also increased steadily and the cost often exceeds an amount
155 that is affordable to extremely-low-income, very-low-income,
156 low-income, or moderate-income persons and has resulted in a
157 critical shortage of affordable rentals in many urban areas in
158 the state. This shortage of affordable rentals constitutes a
159 threat to the health, safety, and welfare of the residents of
160 the state. Therefore, the Legislature finds that it serves an
161 important public purpose to require encourage the permitting of
162 accessory dwelling units in single-family residential areas in
163 order to increase the availability of affordable rentals for
164 extremely-low-income, very-low-income, low-income, or moderate
165 income persons.
166 (3) A Upon a finding by a local government that there is a
167 shortage of affordable rentals within its jurisdiction, the
168 local government shall may adopt an ordinance to allow accessory
169 dwelling units in any area zoned for single-family residential
170 use.
171 (4) If the local government adopts an ordinance under this
172 section, An application for a building permit to construct an
173 accessory dwelling unit must include an affidavit from the
174 applicant which attests that the unit will be rented at an
175 affordable rate to an extremely-low-income, very-low-income,
176 low-income, or moderate-income person or persons.
177 Section 3. Subsection (8) of section 163.31801, Florida
178 Statutes, is amended to read:
179 163.31801 Impact fees; short title; intent; minimum
180 requirements; audits; challenges.—
181 (8) In addition to the items that must be reported in the
182 annual financial reports under s. 218.32, a county,
183 municipality, or special district must report all of the
184 following data on all impact fees charged:
185 (a) The specific purpose of the impact fee, including the
186 specific infrastructure needs to be met, including, but not
187 limited to, transportation, parks, water, sewer, and schools.
188 (b) The impact fee schedule policy describing the method of
189 calculating impact fees, such as flat fees, tiered scales based
190 on number of bedrooms, or tiered scales based on square footage.
191 (c) The amount assessed for each purpose and for each type
192 of dwelling.
193 (d) The total amount of impact fees charged by type of
194 dwelling may provide an exception or waiver for an impact fee
195 for the development or construction of housing that is
196 affordable, as defined in s. 420.9071. If a county,
197 municipality, or special district provides such an exception or
198 waiver, it is not required to use any revenues to offset the
199 impact.
200 Section 4. Subsections (4) and (5) are added to section
201 166.04151, Florida Statutes, to read:
202 166.04151 Affordable housing.—
203 (4) Notwithstanding any other law or local ordinance or
204 regulation to the contrary, the governing body of a municipality
205 may approve the development of housing that is affordable, as
206 defined in s. 420.0004, on any parcel zoned for residential,
207 commercial, or industrial use.
208 (5) Beginning October 1, 2020, a municipality may not
209 collect an impact fee, a permit or inspection fee, a tree
210 mitigation fee, a water and sewer connection fee, or a
211 proportionate share contribution for the development or
212 construction of housing that is affordable, as defined in s.
213 420.0004.
214 Section 5. Paragraph (a) of subsection (1) of section
215 212.05, Florida Statutes, is amended to read:
216 212.05 Sales, storage, use tax.—It is hereby declared to be
217 the legislative intent that every person is exercising a taxable
218 privilege who engages in the business of selling tangible
219 personal property at retail in this state, including the
220 business of making mail order sales, or who rents or furnishes
221 any of the things or services taxable under this chapter, or who
222 stores for use or consumption in this state any item or article
223 of tangible personal property as defined herein and who leases
224 or rents such property within the state.
225 (1) For the exercise of such privilege, a tax is levied on
226 each taxable transaction or incident, which tax is due and
227 payable as follows:
228 (a)1.a. At the rate of 6 percent of the sales price of each
229 item or article of tangible personal property when sold at
230 retail in this state, computed on each taxable sale for the
231 purpose of remitting the amount of tax due the state, and
232 including each and every retail sale.
233 b. Each occasional or isolated sale of an aircraft, boat,
234 mobile home, or motor vehicle of a class or type that which is
235 required to be registered, licensed, titled, or documented in
236 this state or by the United States Government shall be subject
237 to tax at the rate provided in this paragraph. A mobile home
238 shall be assessed sales tax at a rate of 6 percent on 50 percent
239 of the sales price of the mobile home, if subject to sales tax
240 as tangible personal property. However, a mobile home is not
241 subject to sales tax if the mobile home is intended to be
242 permanently affixed to the land and the purchaser signs an
243 affidavit stating that he or she intends to seek an “RP” series
244 sticker pursuant to s. 320.0815(2). The department shall by rule
245 adopt any nationally recognized publication for valuation of
246 used motor vehicles as the reference price list for any used
247 motor vehicle which is required to be licensed pursuant to s.
248 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party
249 to an occasional or isolated sale of such a vehicle reports to
250 the tax collector a sales price that which is less than 80
251 percent of the average loan price for the specified model and
252 year of such vehicle as listed in the most recent reference
253 price list, the tax levied under this paragraph shall be
254 computed by the department on such average loan price unless the
255 parties to the sale have provided to the tax collector an
256 affidavit signed by each party, or other substantial proof,
257 stating the actual sales price. Any party to such sale who
258 reports a sales price less than the actual sales price is guilty
259 of a misdemeanor of the first degree, punishable as provided in
260 s. 775.082 or s. 775.083. The department shall collect or
261 attempt to collect from such party any delinquent sales taxes.
262 In addition, such party shall pay any tax due and any penalty
263 and interest assessed plus a penalty equal to twice the amount
264 of the additional tax owed. Notwithstanding any other provision
265 of law, the Department of Revenue may waive or compromise any
266 penalty imposed pursuant to this subparagraph.
267 2. This paragraph does not apply to the sale of a boat or
268 aircraft by or through a registered dealer under this chapter to
269 a purchaser who, at the time of taking delivery, is a
270 nonresident of this state, does not make his or her permanent
271 place of abode in this state, and is not engaged in carrying on
272 in this state any employment, trade, business, or profession in
273 which the boat or aircraft will be used in this state, or is a
274 corporation none of the officers or directors of which is a
275 resident of, or makes his or her permanent place of abode in,
276 this state, or is a noncorporate entity that has no individual
277 vested with authority to participate in the management,
278 direction, or control of the entity’s affairs who is a resident
279 of, or makes his or her permanent abode in, this state. For
280 purposes of this exemption, either a registered dealer acting on
281 his or her own behalf as seller, a registered dealer acting as
282 broker on behalf of a seller, or a registered dealer acting as
283 broker on behalf of the purchaser may be deemed to be the
284 selling dealer. This exemption shall not be allowed unless:
285 a. The purchaser removes a qualifying boat, as described in
286 sub-subparagraph f., from the state within 90 days after the
287 date of purchase or extension, or the purchaser removes a
288 nonqualifying boat or an aircraft from this state within 10 days
289 after the date of purchase or, when the boat or aircraft is
290 repaired or altered, within 20 days after completion of the
291 repairs or alterations; or if the aircraft will be registered in
292 a foreign jurisdiction and:
293 (I) Application for the aircraft’s registration is properly
294 filed with a civil airworthiness authority of a foreign
295 jurisdiction within 10 days after the date of purchase;
296 (II) The purchaser removes the aircraft from the state to a
297 foreign jurisdiction within 10 days after the date the aircraft
298 is registered by the applicable foreign airworthiness authority;
299 and
300 (III) The aircraft is operated in the state solely to
301 remove it from the state to a foreign jurisdiction.
302
303 For purposes of this sub-subparagraph, the term “foreign
304 jurisdiction” means any jurisdiction outside of the United
305 States or any of its territories;
306 b. The purchaser, within 30 days from the date of
307 departure, provides the department with written proof that the
308 purchaser licensed, registered, titled, or documented the boat
309 or aircraft outside the state. If such written proof is
310 unavailable, within 30 days the purchaser shall provide proof
311 that the purchaser applied for such license, title,
312 registration, or documentation. The purchaser shall forward to
313 the department proof of title, license, registration, or
314 documentation upon receipt;
315 c. The purchaser, within 10 days of removing the boat or
316 aircraft from Florida, furnishes the department with proof of
317 removal in the form of receipts for fuel, dockage, slippage,
318 tie-down, or hangaring from outside of Florida. The information
319 so provided must clearly and specifically identify the boat or
320 aircraft;
321 d. The selling dealer, within 5 days of the date of sale,
322 provides to the department a copy of the sales invoice, closing
323 statement, bills of sale, and the original affidavit signed by
324 the purchaser attesting that he or she has read the provisions
325 of this section;
326 e. The seller makes a copy of the affidavit a part of his
327 or her record for as long as required by s. 213.35; and
328 f. Unless The nonresident purchaser of a boat of 5 net tons
329 of admeasurement or larger intends to remove the boat from this
330 state within 10 days after the date of purchase or when the boat
331 is repaired or altered, within 20 days after completion of the
332 repairs or alterations, the nonresident purchaser applies to the
333 selling dealer for a decal which authorizes 90 days after the
334 date of purchase for removal of the boat. The nonresident
335 purchaser of a qualifying boat may apply to the selling dealer
336 within 60 days after the date of purchase for an extension decal
337 that authorizes the boat to remain in this state for an
338 additional 90 days, but not more than a total of 180 days,
339 before the nonresident purchaser is required to pay the tax
340 imposed by this chapter. The department is authorized to issue
341 decals in advance to dealers. The number of decals issued in
342 advance to a dealer shall be consistent with the volume of the
343 dealer’s past sales of boats which qualify under this sub
344 subparagraph. The selling dealer or his or her agent shall mark
345 and affix the decals to qualifying boats in the manner
346 prescribed by the department, before delivery of the boat.
347 (I) The department is hereby authorized to charge dealers a
348 fee sufficient to recover the costs of decals issued, except the
349 extension decal shall cost $425.
350 (II) The proceeds from the sale of decals will be deposited
351 into the administrative trust fund.
352 (III) Decals shall display information to identify the boat
353 as a qualifying boat under this sub-subparagraph, including, but
354 not limited to, the decal’s date of expiration.
355 (IV) The department is authorized to require dealers who
356 purchase decals to file reports with the department and may
357 prescribe all necessary records by rule. All such records are
358 subject to inspection by the department.
359 (V) Any dealer or his or her agent who issues a decal
360 falsely, fails to affix a decal, mismarks the expiration date of
361 a decal, or fails to properly account for decals will be
362 considered prima facie to have committed a fraudulent act to
363 evade the tax and will be liable for payment of the tax plus a
364 mandatory penalty of 200 percent of the tax, and shall be liable
365 for fine and punishment as provided by law for a conviction of a
366 misdemeanor of the first degree, as provided in s. 775.082 or s.
367 775.083.
368 (VI) Any nonresident purchaser of a boat who removes a
369 decal before permanently removing the boat from the state, or
370 defaces, changes, modifies, or alters a decal in a manner
371 affecting its expiration date before its expiration, or who
372 causes or allows the same to be done by another, will be
373 considered prima facie to have committed a fraudulent act to
374 evade the tax and will be liable for payment of the tax plus a
375 mandatory penalty of 200 percent of the tax, and shall be liable
376 for fine and punishment as provided by law for a conviction of a
377 misdemeanor of the first degree, as provided in s. 775.082 or s.
378 775.083.
379 (VII) The department is authorized to adopt rules necessary
380 to administer and enforce this subparagraph and to publish the
381 necessary forms and instructions.
382 (VIII) The department is hereby authorized to adopt
383 emergency rules pursuant to s. 120.54(4) to administer and
384 enforce the provisions of this subparagraph.
385
386 If the purchaser fails to remove the qualifying boat from this
387 state within the maximum 180 days after purchase or a
388 nonqualifying boat or an aircraft from this state within 10 days
389 after purchase or, when the boat or aircraft is repaired or
390 altered, within 20 days after completion of such repairs or
391 alterations, or permits the boat or aircraft to return to this
392 state within 6 months from the date of departure, except as
393 provided in s. 212.08(7)(fff), or if the purchaser fails to
394 furnish the department with any of the documentation required by
395 this subparagraph within the prescribed time period, the
396 purchaser shall be liable for use tax on the cost price of the
397 boat or aircraft and, in addition thereto, payment of a penalty
398 to the Department of Revenue equal to the tax payable. This
399 penalty shall be in lieu of the penalty imposed by s. 212.12(2).
400 The maximum 180-day period following the sale of a qualifying
401 boat tax-exempt to a nonresident may not be tolled for any
402 reason.
403 Section 6. Paragraph (b) of subsection (14) of section
404 212.06, Florida Statutes, is amended to read:
405 212.06 Sales, storage, use tax; collectible from dealers;
406 “dealer” defined; dealers to collect from purchasers;
407 legislative intent as to scope of tax.—
408 (14) For the purpose of determining whether a person is
409 improving real property, the term:
410 (b) “Fixtures” means items that are an accessory to a
411 building, other structure, or land and that do not lose their
412 identity as accessories when installed but that do become
413 permanently attached to realty. However, the term does not
414 include the following items, whether or not such items are
415 attached to real property in a permanent manner:
416 1. Property of a type that is required to be registered,
417 licensed, titled, or documented by this state or by the United
418 States Government, including, but not limited to, mobile homes,
419 except the term includes mobile homes assessed as real property
420 or intended to be qualified and taxed as real property pursuant
421 to s. 320.0815(2)., or
422 2. Industrial machinery or equipment.
423
424 For purposes of this paragraph, industrial machinery or
425 equipment is not limited to machinery and equipment used to
426 manufacture, process, compound, or produce tangible personal
427 property. For an item to be considered a fixture, it is not
428 necessary that the owner of the item also own the real property
429 to which it is attached.
430 Section 7. Paragraph (h) of subsection (3) of section
431 320.77, Florida Statutes, is amended to read:
432 320.77 License required of mobile home dealers.—
433 (3) APPLICATION.—The application for such license shall be
434 in the form prescribed by the department and subject to such
435 rules as may be prescribed by it. The application shall be
436 verified by oath or affirmation and shall contain:
437 (h) Certification by the applicant:
438 1. That the location is a permanent one, not a tent or a
439 temporary stand or other temporary quarters.; and,
440 2. Except in the case of a mobile home broker, that the
441 location affords sufficient unoccupied space to display store
442 all mobile homes offered and displayed for sale. A space to
443 display a manufactured home as a model home is sufficient to
444 satisfy this requirement.; and that The location must be is a
445 suitable place in which the applicant can in good faith carry on
446 business and keep and maintain books, records, and files
447 necessary to conduct such business, which must will be available
448 at all reasonable hours to inspection by the department or any
449 of its inspectors or other employees.
450
451 This paragraph does subsection shall not preclude a licensed
452 mobile home dealer from displaying and offering for sale mobile
453 homes in a mobile home park.
454
455 The department shall, if it deems necessary, cause an
456 investigation to be made to ascertain if the facts set forth in
457 the application are true and shall not issue a license to the
458 applicant until it is satisfied that the facts set forth in the
459 application are true.
460 Section 8. Paragraph (c) of subsection (2) of section
461 320.822, Florida Statutes, is amended to read:
462 320.822 Definitions; ss. 320.822-320.862.—In construing ss.
463 320.822-320.862, unless the context otherwise requires, the
464 following words or phrases have the following meanings:
465 (2) “Code” means the appropriate standards found in:
466 (c) The Mobile and Manufactured Home Repair and Remodeling
467 Code and the Used Recreational Vehicle Code.
468 Section 9. Subsection (2) of section 320.8232, Florida
469 Statutes, is amended to read:
470 320.8232 Establishment of uniform standards for used
471 recreational vehicles and repair and remodeling code for mobile
472 homes.—
473 (2) The Mobile and Manufactured Home provisions of the
474 Repair and Remodeling Code must be a uniform code, must shall
475 ensure safe and livable housing, and may shall not be more
476 stringent than those standards required to be met in the
477 manufacture of mobile homes. Such code must provisions shall
478 include, but not be limited to, standards for structural
479 adequacy, plumbing, heating, electrical systems, and fire and
480 life safety. All repairs and remodeling of mobile and
481 manufactured homes must be performed in accordance with
482 department rules.
483 Section 10. Subsections (5) and (9) of section 367.022,
484 Florida Statutes, are amended to read:
485 367.022 Exemptions.—The following are not subject to
486 regulation by the commission as a utility nor are they subject
487 to the provisions of this chapter, except as expressly provided:
488 (5) Landlords providing service to their tenants without
489 specific compensation for the service. This exemption includes
490 an owner of a mobile home park or a mobile home subdivision, as
491 defined in s. 723.003, who is providing service to any person
492 who:
493 (a) Is leasing a lot;
494 (b) Is leasing a mobile home and a lot; or
495 (c) Owns a lot in a mobile home subdivision.
496 (9) Any person who resells water service to his or her
497 tenants or to individually metered residents for a fee that does
498 not exceed the actual purchase price of the water and wastewater
499 service plus the actual cost of meter reading and billing, not
500 to exceed 9 percent of the actual cost of service.
501 Section 11. Section 420.0007, Florida Statutes, is created
502 to read:
503 420.0007 Local permit approval process for affordable
504 housing.—
505 (1) A local government has 60 days after the date it
506 receives an application for a development permit, a construction
507 permit, or a certificate of occupancy for affordable housing to
508 examine the application and notify the applicant of any apparent
509 errors or omissions and to request any additional information
510 that the local government is authorized by law to require.
511 (2) If a local government does not notify the applicant of
512 any apparent errors or omissions or request additional
513 information within the timeframe specified in subsection (1),
514 the local government may not deny a development permit, a
515 construction permit, or a certificate of occupancy for
516 affordable housing if the applicant has failed to correct the
517 errors or the omissions or to supply the additional information.
518 (3) The local government may require any additional
519 information requested to be submitted not later than 10 days
520 after the date of the notice specified in subsection (1).
521 (4) For good cause shown, the local government shall grant
522 an applicant’s request for an extension of time for submitting
523 the additional information.
524 (5) An application is complete upon receipt of all
525 requested information and upon the correction of any error or
526 omission of which the applicant was timely notified, or when the
527 time for notification under subsection (1) has expired.
528 (6) The local government shall approve or deny an
529 application for a development permit, a construction permit, or
530 a certificate of occupancy for affordable housing within 30 days
531 after receipt of a completed application unless a shorter period
532 of time for action by local government is provided by law.
533 (7) If the local government does not approve or deny an
534 application for a development permit, a construction permit, or
535 a certificate of occupancy for affordable housing within the 30
536 day, or a shorter, period, the permit or certificate is
537 considered approved by default, and the local government shall
538 issue the development permit, the construction permit, or the
539 certificate of occupancy, which may include reasonable
540 conditions as authorized by law.
541 (8) An applicant for a development permit, a construction
542 permit, or a certificate of occupancy seeking to receive a
543 permit or certificate by default under subsection (7) must
544 notify the local government in writing of the intent to rely
545 upon the default approval provision of subsection (7), but may
546 not take any action based upon the default approval of the
547 development permit, the construction permit, or the certificate
548 of occupancy until the applicant receives notification or a
549 receipt that the local government received the notice. The
550 applicant must retain the notification or the receipt.
551 Section 12. Paragraph (c) of subsection (6) of section
552 420.5087, Florida Statutes, is amended to read:
553 420.5087 State Apartment Incentive Loan Program.—There is
554 hereby created the State Apartment Incentive Loan Program for
555 the purpose of providing first, second, or other subordinated
556 mortgage loans or loan guarantees to sponsors, including for
557 profit, nonprofit, and public entities, to provide housing
558 affordable to very-low-income persons.
559 (6) On all state apartment incentive loans, except loans
560 made to housing communities for the elderly to provide for
561 lifesafety, building preservation, health, sanitation, or
562 security-related repairs or improvements, the following
563 provisions shall apply:
564 (c) The corporation shall provide by rule for the
565 establishment of a review committee for the competitive
566 evaluation and selection of applications submitted in this
567 program, including, but not limited to, the following criteria:
568 1. Tenant income and demographic targeting objectives of
569 the corporation.
570 2. Targeting objectives of the corporation which will
571 ensure an equitable distribution of loans between rural and
572 urban areas.
573 3. Sponsor’s agreement to reserve the units for persons or
574 families who have incomes below 50 percent of the state or local
575 median income, whichever is higher, for a time period that
576 exceeds the minimum required by federal law or this part.
577 4. Sponsor’s agreement to reserve more than:
578 a. Twenty percent of the units in the project for persons
579 or families who have incomes that do not exceed 50 percent of
580 the state or local median income, whichever is higher; or
581 b. Forty percent of the units in the project for persons or
582 families who have incomes that do not exceed 60 percent of the
583 state or local median income, whichever is higher, without
584 requiring a greater amount of the loans as provided in this
585 section.
586 5. Provision for tenant counseling.
587 6. Sponsor’s agreement to accept rental assistance
588 certificates or vouchers as payment for rent.
589 7. Projects requiring the least amount of a state apartment
590 incentive loan compared to overall project cost, except that the
591 share of the loan attributable to units serving extremely-low
592 income persons must be excluded from this requirement.
593 8. Local government contributions and local government
594 comprehensive planning and activities that promote affordable
595 housing and policies that promote access to public
596 transportation, reduce the need for onsite parking, and expedite
597 permits for affordable housing projects as provided in s.
598 420.0007.
599 9. Project feasibility.
600 10. Economic viability of the project.
601 11. Commitment of first mortgage financing.
602 12. Sponsor’s prior experience.
603 13. Sponsor’s ability to proceed with construction.
604 14. Projects that directly implement or assist welfare-to
605 work transitioning.
606 15. Projects that reserve units for extremely-low-income
607 persons.
608 16. Projects that include green building principles, storm
609 resistant construction, or other elements that reduce long-term
610 costs relating to maintenance, utilities, or insurance.
611 17. Job-creation rate of the developer and general
612 contractor, as provided in s. 420.507(47).
613 Section 13. Section 420.5095, Florida Statutes, is amended
614 to read:
615 420.5095 Community Workforce Housing Loan Innovation Pilot
616 Program.—
617 (1) The Legislature finds and declares that recent rapid
618 increases in the median purchase price of a home and the cost of
619 rental housing have far outstripped the increases in median
620 income in the state, preventing essential services personnel
621 from living in the communities where they serve and thereby
622 creating the need for innovative solutions for the provision of
623 housing opportunities for essential services personnel.
624 (2) The Community Workforce Housing Loan Innovation Pilot
625 Program is created to provide affordable rental and home
626 ownership community workforce housing for essential services
627 personnel affected by the high cost of housing, using regulatory
628 incentives and state and local funds to promote local public
629 private partnerships and leverage government and private
630 resources.
631 (3) For purposes of this section, the term:
632 (a) “workforce housing” means housing affordable to natural
633 persons or families whose total annual household income does not
634 exceed 80 140 percent of the area median income, adjusted for
635 household size, or 120 150 percent of area median income,
636 adjusted for household size, in areas of critical state concern
637 designated under s. 380.05, for which the Legislature has
638 declared its intent to provide affordable housing, and areas
639 that were designated as areas of critical state concern for at
640 least 20 consecutive years before prior to removal of the
641 designation.
642 (b) “Public-private partnership” means any form of business
643 entity that includes substantial involvement of at least one
644 county, one municipality, or one public sector entity, such as a
645 school district or other unit of local government in which the
646 project is to be located, and at least one private sector for
647 profit or not-for-profit business or charitable entity, and may
648 be any form of business entity, including a joint venture or
649 contractual agreement.
650 (4) The Florida Housing Finance Corporation is authorized
651 to provide loans under the Community Workforce Housing
652 Innovation Pilot program loans to applicants an applicant for
653 construction or rehabilitation of workforce housing in eligible
654 areas. This funding is intended to be used with other public and
655 private sector resources.
656 (5) The corporation shall establish a loan application
657 process under s. 420.5087 by rule which includes selection
658 criteria, an application review process, and a funding process.
659 The corporation shall also establish an application review
660 committee that may include up to three private citizens
661 representing the areas of housing or real estate development,
662 banking, community planning, or other areas related to the
663 development or financing of workforce and affordable housing.
664 (a) The selection criteria and application review process
665 must include a procedure for curing errors in the loan
666 applications which do not make a substantial change to the
667 proposed project.
668 (b) To achieve the goals of the pilot program, the
669 application review committee may approve or reject loan
670 applications or responses to questions raised during the review
671 of an application due to the insufficiency of information
672 provided.
673 (c) The application review committee shall make
674 recommendations concerning program participation and funding to
675 the corporation’s board of directors.
676 (d) The board of directors shall approve or reject loan
677 applications, determine the tentative loan amount available to
678 each applicant, and rank all approved applications.
679 (e) The board of directors shall decide which approved
680 applicants will become program participants and determine the
681 maximum loan amount for each program participant.
682 (6) The corporation shall provide incentives for local
683 governments in eligible areas to use local affordable housing
684 funds, such as those from the State Housing Initiatives
685 Partnership Program, to assist in meeting the affordable housing
686 needs of persons eligible under this program. Local governments
687 are authorized to use State Housing Initiative Partnership
688 Program funds for persons or families whose total annual
689 household income does not exceed:
690 (a) One hundred and forty percent of the area median
691 income, adjusted for household size; or
692 (b) One hundred and fifty percent of the area median
693 income, adjusted for household size, in areas that were
694 designated as areas of critical state concern for at least 20
695 consecutive years prior to the removal of the designation and in
696 areas of critical state concern, designated under s. 380.05, for
697 which the Legislature has declared its intent to provide
698 affordable housing.
699 (7) Funding shall be targeted to innovative projects in
700 areas where the disparity between the area median income and the
701 median sales price for a single-family home is greatest, and
702 where population growth as a percentage rate of increase is
703 greatest. The corporation may also fund projects in areas where
704 innovative regulatory and financial incentives are made
705 available. The corporation shall fund at least one eligible
706 project in as many counties and regions of the state as is
707 practicable, consistent with program goals.
708 (6)(8) Projects must be given shall receive priority
709 consideration for funding if where:
710 (a) The local jurisdiction has adopted, or is committed to
711 adopting, appropriate regulatory incentives, or the local
712 jurisdiction or public-private partnership has adopted or is
713 committed to adopting local contributions or financial
714 strategies, or other funding sources to promote the development
715 and ongoing financial viability of such projects. Local
716 incentives include such actions as expediting review of
717 development orders and permits, supporting development near
718 transportation hubs and major employment centers, and adopting
719 land development regulations designed to allow flexibility in
720 densities, use of accessory units, mixed-use developments, and
721 flexible lot configurations. Financial strategies include such
722 actions as promoting employer-assisted housing programs,
723 providing tax increment financing, and providing land.
724 (b) Projects are innovative and include new construction or
725 rehabilitation; mixed-income housing; commercial and housing
726 mixed-use elements; innovative design; green building
727 principles; storm-resistant construction; or other elements that
728 reduce long-term costs relating to maintenance, utilities, or
729 insurance and promote homeownership. The program funding may not
730 exceed the costs attributable to the portion of the project that
731 is set aside to provide housing for the targeted population.
732 (b)(c) The projects that set aside not more than 50 at
733 least 80 percent of units for workforce housing and at least 50
734 percent for essential services personnel and for projects that
735 require the least amount of program funding compared to the
736 overall housing costs for the project.
737 (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
738 government comprehensive plan amendment to implement a Community
739 Workforce Housing Innovation Pilot Program project found
740 consistent with this section shall be expedited as provided in
741 this subsection. At least 30 days prior to adopting a plan
742 amendment under this subsection, the local government shall
743 notify the state land planning agency of its intent to adopt
744 such an amendment, and the notice shall include its evaluation
745 related to site suitability and availability of facilities and
746 services. The public notice of the hearing required by s.
747 163.3184(11)(b)2. shall include a statement that the local
748 government intends to use the expedited adoption process
749 authorized by this subsection. Such amendments shall require
750 only a single public hearing before the governing board, which
751 shall be an adoption hearing as described in s. 163.3184(4)(e).
752 Any further proceedings shall be governed by s. 163.3184(5)
753 (13).
754 (10) The processing of approvals of development orders or
755 development permits, as defined in s. 163.3164, for innovative
756 community workforce housing projects shall be expedited.
757 (7)(11) The corporation shall award loans with a 1 interest
758 rates set at 1 to 3 percent interest rate for a term that does
759 not exceed 15 years, which may be made forgivable when long-term
760 affordability is provided and when at least 80 percent of the
761 units are set aside for workforce housing and at least 50
762 percent of the units are set aside for essential services
763 personnel.
764 (12) All eligible applications shall:
765 (a) For home ownership, limit the sales price of a detached
766 unit, townhome, or condominium unit to not more than 90 percent
767 of the median sales price for that type of unit in that county,
768 or the statewide median sales price for that type of unit,
769 whichever is higher, and require that all eligible purchasers of
770 home ownership units occupy the homes as their primary
771 residence.
772 (b) For rental units, restrict rents for all workforce
773 housing serving those with incomes at or below 120 percent of
774 area median income at the appropriate income level using the
775 restricted rents for the federal low-income housing tax credit
776 program and, for workforce housing units serving those with
777 incomes above 120 percent of area median income, restrict rents
778 to those established by the corporation, not to exceed 30
779 percent of the maximum household income adjusted to unit size.
780 (c) Demonstrate that the applicant is a public-private
781 partnership in an agreement, contract, partnership agreement,
782 memorandum of understanding, or other written instrument signed
783 by all the project partners.
784 (d) Have grants, donations of land, or contributions from
785 the public-private partnership or other sources collectively
786 totaling at least 10 percent of the total development cost or $2
787 million, whichever is less. Such grants, donations of land, or
788 contributions must be evidenced by a letter of commitment,
789 agreement, contract, deed, memorandum of understanding, or other
790 written instrument at the time of application. Grants, donations
791 of land, or contributions in excess of 10 percent of the
792 development cost shall increase the application score.
793 (e) Demonstrate how the applicant will use the regulatory
794 incentives and financial strategies outlined in subsection (8)
795 from the local jurisdiction in which the proposed project is to
796 be located. The corporation may consult with the Department of
797 Economic Opportunity in evaluating the use of regulatory
798 incentives by applicants.
799 (f) Demonstrate that the applicant possesses title to or
800 site control of land and evidences availability of required
801 infrastructure.
802 (g) Demonstrate the applicant’s affordable housing
803 development and management experience.
804 (h) Provide any research or facts available supporting the
805 demand and need for rental or home ownership workforce housing
806 for eligible persons in the market in which the project is
807 proposed.
808 (13) Projects may include manufactured housing constructed
809 after June 1994 and installed in accordance with mobile home
810 installation standards of the Department of Highway Safety and
811 Motor Vehicles.
812 (8)(14) The corporation may adopt rules pursuant to ss.
813 120.536(1) and 120.54 to implement this section.
814 (15) The corporation may use a maximum of 2 percent of the
815 annual program appropriation for administration and compliance
816 monitoring.
817 (16) The corporation shall review the success of the
818 Community Workforce Housing Innovation Pilot Program to
819 ascertain whether the projects financed by the program are
820 useful in meeting the housing needs of eligible areas and shall
821 include its findings in the annual report required under s.
822 420.511(3).
823 Section 14. Section 420.5098, Florida Statutes, is created
824 to read:
825 420.5098 Rental to Homeownership Opportunity Program.—
826 (1) Each rental development receiving funding authorized by
827 this chapter shall establish a resident homeownership
828 opportunity financial incentive program that includes the
829 following provisions:
830 (a) The incentive must be not less than 5 percent of the
831 rent for the resident’s unit during the resident’s entire
832 occupancy.
833 (b) The resident will receive the incentive for all months
834 for which the resident is in compliance with the terms and
835 conditions of the lease.
836 (c) The benefits of the incentive must accrue from the
837 beginning of occupancy.
838 (d) The benefit must be in the form of a gift or grant and
839 may not be a loan of any nature.
840 (e) Damages to the unit in excess of the security deposit
841 will be deducted from the incentive.
842 (f) The vesting period may not be longer than 3 years of
843 continuous residency.
844 (g) A fee, deposit, or any other such charge may not be
845 levied against the resident as a condition of participation in
846 this program.
847 (2) The incentive must be applicable to a home selected by
848 the resident and may not be restricted to or be enhanced by the
849 purchase of homes in which a rental funding applicant, rental
850 developer, or other related party has an interest.
851 (3) The corporation may adopt rules to implement this
852 section.
853 Section 15. Section 420.531, Florida Statutes, is amended
854 to read:
855 420.531 Affordable Housing Catalyst Program.—
856 (1) The corporation shall operate the Affordable Housing
857 Catalyst Program for the purpose of securing the expertise
858 necessary to provide specialized technical support to local
859 governments and community-based organizations to implement the
860 HOME Investment Partnership Program, State Apartment Incentive
861 Loan Program, State Housing Initiatives Partnership Program, and
862 other affordable housing programs. To the maximum extent
863 feasible, the entity to provide the necessary expertise must be
864 recognized by the Internal Revenue Service as a nonprofit tax
865 exempt organization. It must have as its primary mission the
866 provision of affordable housing training and technical
867 assistance, an ability to provide training and technical
868 assistance statewide, and a proven track record of successfully
869 providing training and technical assistance under the Affordable
870 Housing Catalyst Program. The technical support shall, at a
871 minimum, include training relating to the following key elements
872 of the partnership programs:
873 (a)(1) Formation of local and regional housing partnerships
874 as a means of bringing together resources to provide affordable
875 housing.
876 (b)(2) Implementation of regulatory reforms to reduce the
877 risk and cost of developing affordable housing.
878 (c)(3) Implementation of affordable housing programs
879 included in local government comprehensive plans.
880 (d)(4) Compliance with requirements of federally funded
881 housing programs.
882 (2) In consultation with the corporation, the entity
883 providing statewide training and technical assistance shall
884 convene and administer quarterly, regional workshops for the
885 locally elected officials serving on affordable housing advisory
886 committees as provided in s. 420.9076. The regional workshops
887 may be conducted through teleconferencing or other technological
888 means and must include processes and programming that facilitate
889 peer-to-peer identification and sharing of best affordable
890 housing practices among the locally elected officials. Annually,
891 calendar year reports summarizing the deliberations, actions,
892 and recommendations of each region, as well as the attendance
893 records of locally elected officials, must be compiled by the
894 entity providing statewide training and technical assistance for
895 the Affordable Housing Catalyst Program and must be submitted to
896 the President of the Senate, the Speaker of the House of
897 Representatives, and the corporation by March 31 of the
898 following year.
899 Section 16. Subsections (16) and (25) of section 420.9071,
900 Florida Statutes, are amended to read:
901 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
902 term:
903 (16) “Local housing incentive strategies” means local
904 regulatory reform or incentive programs to encourage or
905 facilitate affordable housing production, which include, at a
906 minimum, expediting development permits, as defined in s.
907 163.3164, for affordable housing as provided in s. 420.0007
908 assurance that permits for affordable housing projects are
909 expedited to a greater degree than other projects, as provided
910 in s. 163.3177(6)(f)3.; an ongoing process for review of local
911 policies, ordinances, regulations, and plan provisions that
912 increase the cost of housing prior to their adoption; and a
913 schedule for implementing the incentive strategies. Local
914 housing incentive strategies may also include other regulatory
915 reforms, such as those enumerated in s. 420.9076 or those
916 recommended by the affordable housing advisory committee in its
917 triennial evaluation of the implementation of affordable housing
918 incentives, and adopted by the local governing body.
919 (25) “Recaptured funds” means funds that are recouped by a
920 county or eligible municipality in accordance with the recapture
921 provisions of its local housing assistance plan pursuant to s.
922 420.9075(5)(h) s. 420.9075(5)(j) from eligible persons or
923 eligible sponsors, which funds were not used for assistance to
924 an eligible household for an eligible activity, when there is a
925 default on the terms of a grant award or loan award.
926 Section 17. Paragraphs (b) through (g) and paragraph (n) of
927 subsection (5) and subsection (7) of section 420.9075, Florida
928 Statutes, are amended to read:
929 420.9075 Local housing assistance plans; partnerships.—
930 (5) The following criteria apply to awards made to eligible
931 sponsors or eligible persons for the purpose of providing
932 eligible housing:
933 (b) Up to 30 25 percent of the funds made available in each
934 county and eligible municipality from the local housing
935 distribution may be reserved for rental housing for eligible
936 persons or for the purposes enumerated in s. 420.9072(7)(b).
937 (c) From At least 75 percent of the funds made available in
938 each county and eligible municipality from the local housing
939 distribution, each local government may reserve funds must be
940 reserved for construction, rehabilitation, or emergency repair
941 of affordable, eligible housing; use funds to serve persons with
942 special needs as defined in s. 420.0004; use funds for
943 manufactured housing; and reserve funds for awards to very-low
944 income or low-income persons or eligible sponsors who will serve
945 very-low-income or low-income persons.
946 (d) Each local government must use a minimum of 20 percent
947 of its local housing distribution to serve persons with special
948 needs as defined in s. 420.0004. A local government must certify
949 that it will meet this requirement through existing approved
950 strategies in the local housing assistance plan or submit a new
951 local housing assistance plan strategy for this purpose to the
952 corporation for approval to ensure that the plan meets this
953 requirement. The first priority of these special needs funds
954 must be to serve persons with developmental disabilities as
955 defined in s. 393.063, with an emphasis on home modifications,
956 including technological enhancements and devices, which will
957 allow homeowners to remain independent in their own homes and
958 maintain their homeownership.
959 (e) Not more than 20 percent of the funds made available in
960 each county and eligible municipality from the local housing
961 distribution may be used for manufactured housing.
962 (d)(f) The sales price or value of new or existing eligible
963 housing may not exceed 90 percent of the average area purchase
964 price in the statistical area in which the eligible housing is
965 located. Such average area purchase price may be that calculated
966 for any 12-month period beginning not earlier than the fourth
967 calendar year prior to the year in which the award occurs or as
968 otherwise established by the United States Department of the
969 Treasury.
970 (e)(g)1. All units constructed, rehabilitated, or otherwise
971 assisted with the funds provided from the local housing
972 assistance trust fund must be occupied by very-low-income
973 persons, low-income persons, and moderate-income persons except
974 as otherwise provided in this section.
975 2. At least 30 percent of the funds deposited into the
976 local housing assistance trust fund must be reserved for awards
977 to very-low-income persons or eligible sponsors who will serve
978 very-low-income persons and at least an additional 30 percent of
979 the funds deposited into the local housing assistance trust fund
980 must be reserved for awards to low-income persons or eligible
981 sponsors who will serve low-income persons. This subparagraph
982 does not apply to a county or an eligible municipality that
983 includes, or has included within the previous 5 years, an area
984 of critical state concern designated or ratified by the
985 Legislature for which the Legislature has declared its intent to
986 provide affordable housing. The exemption created by this act
987 expires on July 1, 2013, and shall apply retroactively.
988 (l)(n) Funds from the local housing distribution not used
989 to meet the criteria established in paragraph (a) or paragraph
990 (c) or not used for the administration of a local housing
991 assistance plan must be used for housing production and finance
992 activities, including, but not limited to, financing
993 preconstruction activities or the purchase of existing units,
994 providing rental housing, and providing home ownership training
995 to prospective home buyers and owners of homes assisted through
996 the local housing assistance plan.
997 1. Notwithstanding the provisions of paragraphs (a) and
998 (c), program income as defined in s. 420.9071(24) may also be
999 used to fund activities described in this paragraph.
1000 2. When preconstruction due-diligence activities conducted
1001 as part of a preservation strategy show that preservation of the
1002 units is not feasible and will not result in the production of
1003 an eligible unit, such costs shall be deemed a program expense
1004 rather than an administrative expense if such program expenses
1005 do not exceed 3 percent of the annual local housing
1006 distribution.
1007 3. If both an award under the local housing assistance plan
1008 and federal low-income housing tax credits are used to assist a
1009 project and there is a conflict between the criteria prescribed
1010 in this subsection and the requirements of s. 42 of the Internal
1011 Revenue Code of 1986, as amended, the county or eligible
1012 municipality may resolve the conflict by giving precedence to
1013 the requirements of s. 42 of the Internal Revenue Code of 1986,
1014 as amended, in lieu of following the criteria prescribed in this
1015 subsection with the exception of paragraphs (a) and (e) (g) of
1016 this subsection.
1017 4. Each county and each eligible municipality may award
1018 funds as a grant for construction, rehabilitation, or repair as
1019 part of disaster recovery or emergency repairs or to remedy
1020 accessibility or health and safety deficiencies. Any other
1021 grants must be approved as part of the local housing assistance
1022 plan.
1023 (7) The moneys deposited in the local housing assistance
1024 trust fund shall be used to administer and implement the local
1025 housing assistance plan. The cost of administering the plan may
1026 not exceed 5 percent of the local housing distribution moneys
1027 and program income deposited into the trust fund. A county or an
1028 eligible municipality may not exceed the 5-percent limitation on
1029 administrative costs, unless its governing body finds, by
1030 resolution, that 5 percent of the local housing distribution
1031 plus 5 percent of program income is insufficient to adequately
1032 pay the necessary costs of administering the local housing
1033 assistance plan. The cost of administering the program may not
1034 exceed 10 percent of the local housing distribution plus 5
1035 percent of program income deposited into the trust fund, except
1036 that small counties, as defined in s. 120.52(19), and eligible
1037 municipalities receiving a local housing distribution of up to
1038 $350,000 may use up to 10 percent of program income for
1039 administrative costs.
1040 Section 18. Subsections (2) and (4) of section 420.9076,
1041 Florida Statutes, are amended, subsection (10) is added to that
1042 section, and subsections (1) and (6) of that section are
1043 reenacted, to read:
1044 420.9076 Adoption of affordable housing incentive
1045 strategies; committees.—
1046 (1) Each county or eligible municipality participating in
1047 the State Housing Initiatives Partnership Program, including a
1048 municipality receiving program funds through the county, or an
1049 eligible municipality must, within 12 months after the original
1050 adoption of the local housing assistance plan, amend the plan to
1051 include local housing incentive strategies as defined in s.
1052 420.9071(16).
1053 (2) The governing board of a county or municipality shall
1054 appoint the members of the affordable housing advisory
1055 committee. Pursuant to the terms of any interlocal agreement, a
1056 county and municipality may create and jointly appoint an
1057 advisory committee. The local action adopted pursuant to s.
1058 420.9072 which creates the advisory committee and appoints the
1059 advisory committee members must name at least 8 but not more
1060 than 11 committee members and specify their terms. Effective
1061 October 1, 2020, the committee must consist of one locally
1062 elected official from each county or municipality participating
1063 in the State Housing Initiatives Partnership Program and one
1064 representative from at least six of the categories below:
1065 (a) A citizen who is actively engaged in the residential
1066 home building industry in connection with affordable housing.
1067 (b) A citizen who is actively engaged in the banking or
1068 mortgage banking industry in connection with affordable housing.
1069 (c) A citizen who is a representative of those areas of
1070 labor actively engaged in home building in connection with
1071 affordable housing.
1072 (d) A citizen who is actively engaged as an advocate for
1073 low-income persons in connection with affordable housing.
1074 (e) A citizen who is actively engaged as a for-profit
1075 provider of affordable housing.
1076 (f) A citizen who is actively engaged as a not-for-profit
1077 provider of affordable housing.
1078 (g) A citizen who is actively engaged as a real estate
1079 professional in connection with affordable housing.
1080 (h) A citizen who actively serves on the local planning
1081 agency pursuant to s. 163.3174. If the local planning agency is
1082 comprised of the governing board of the county or municipality,
1083 the governing board may appoint a designee who is knowledgeable
1084 in the local planning process.
1085 (i) A citizen who resides within the jurisdiction of the
1086 local governing body making the appointments.
1087 (j) A citizen who represents employers within the
1088 jurisdiction.
1089 (k) A citizen who represents essential services personnel,
1090 as defined in the local housing assistance plan.
1091 (4) Annually Triennially, the advisory committee shall
1092 review the established policies and procedures, ordinances, land
1093 development regulations, and adopted local government
1094 comprehensive plan of the appointing local government and shall
1095 recommend specific actions or initiatives to encourage or
1096 facilitate affordable housing while protecting the ability of
1097 the property to appreciate in value. The recommendations may
1098 include the modification or repeal of existing policies,
1099 procedures, ordinances, regulations, or plan provisions; the
1100 creation of exceptions applicable to affordable housing; or the
1101 adoption of new policies, procedures, regulations, ordinances,
1102 or plan provisions, including recommendations to amend the local
1103 government comprehensive plan and corresponding regulations,
1104 ordinances, and other policies. At a minimum, each advisory
1105 committee shall submit an annual a report to the local governing
1106 body and to the entity providing statewide training and
1107 technical assistance for the Affordable Housing Catalyst Program
1108 which that includes recommendations on, and triennially
1109 thereafter evaluates the implementation of, affordable housing
1110 incentives in the following areas:
1111 (a) The processing of approvals of development orders or
1112 permits for affordable housing projects is expedited to a
1113 greater degree than other projects, as provided in s.
1114 163.3177(6)(f)3.
1115 (b) All allowable fee waivers provided The modification of
1116 impact-fee requirements, including reduction or waiver of fees
1117 and alternative methods of fee payment for the development or
1118 construction of affordable housing.
1119 (c) The allowance of flexibility in densities for
1120 affordable housing.
1121 (d) The reservation of infrastructure capacity for housing
1122 for very-low-income persons, low-income persons, and moderate
1123 income persons.
1124 (e) The allowance of Affordable accessory residential units
1125 in residential zoning districts.
1126 (f) The reduction of parking and setback requirements for
1127 affordable housing.
1128 (g) The allowance of flexible lot configurations, including
1129 zero-lot-line configurations for affordable housing.
1130 (h) The modification of street requirements for affordable
1131 housing.
1132 (i) The establishment of a process by which a local
1133 government considers, before adoption, policies, procedures,
1134 ordinances, regulations, or plan provisions that increase the
1135 cost of housing.
1136 (j) The preparation of a printed inventory of locally owned
1137 public lands suitable for affordable housing.
1138 (k) The support of development near transportation hubs and
1139 major employment centers and mixed-use developments.
1140
1141 The advisory committee recommendations may also include other
1142 affordable housing incentives identified by the advisory
1143 committee. Local governments that receive the minimum allocation
1144 under the State Housing Initiatives Partnership Program shall
1145 perform an the initial review but may elect to not perform the
1146 annual triennial review.
1147 (6) Within 90 days after the date of receipt of the
1148 evaluation and local housing incentive strategies
1149 recommendations from the advisory committee, the governing body
1150 of the appointing local government shall adopt an amendment to
1151 its local housing assistance plan to incorporate the local
1152 housing incentive strategies it will implement within its
1153 jurisdiction. The amendment must include, at a minimum, the
1154 local housing incentive strategies required under s.
1155 420.9071(16). The local government must consider the strategies
1156 specified in paragraphs (4)(a)-(k) as recommended by the
1157 advisory committee.
1158 (10) The locally elected official serving on an advisory
1159 committee, or a locally elected designee, must attend quarterly
1160 regional workshops convened and administered under the
1161 Affordable Housing Catalyst Program as provided in s.
1162 420.531(2). If the locally elected official or a locally elected
1163 designee fails to attend a regional workshop, the corporation
1164 may withhold funds pending the person’s attendance at the next
1165 regularly scheduled quarterly meeting.
1166 Section 19. Subsections (5) and (6) are added to section
1167 723.041, Florida Statutes, to read:
1168 723.041 Entrance fees; refunds; exit fees prohibited;
1169 replacement homes.—
1170 (5) A mobile home park that is damaged or destroyed due to
1171 wind, water, or other natural force may be rebuilt on the same
1172 site with the same density as was approved, permitted, or built
1173 before the park was damaged or destroyed.
1174 (6) This section does not limit the regulation of the
1175 uniform firesafety standards established under s. 633.206, but
1176 supersedes any other density, separation, setback, or lot size
1177 regulation adopted after initial permitting and construction of
1178 the mobile home park.
1179 Section 20. Subsection (4) of section 723.061, Florida
1180 Statutes, is amended, and subsections (5) and (6) are added to
1181 that section, to read:
1182 723.061 Eviction; grounds, proceedings.—
1183 (4) Except for the notice to the officers of the
1184 homeowners’ association under subparagraph (1)(d)1., any notice
1185 required by this section must be in writing, and must be posted
1186 on the premises and sent to the mobile home owner and tenant or
1187 occupant, as appropriate, by United States mail certified or
1188 registered mail, return receipt requested, addressed to the
1189 mobile home owner and tenant or occupant, as appropriate, at her
1190 or his last known address. Delivery of the mailed notice is
1191 shall be deemed given 5 days after the date of postmark.
1192 (5) If the park owner accepts payment of any portion of the
1193 lot rental amount with actual knowledge of noncompliance after
1194 notice and termination of the rental agreement due to a
1195 violation under paragraph (1)(b), paragraph (1)(c), or paragraph
1196 (1)(e), the park owner does not waive the right to terminate the
1197 rental agreement or the right to bring a civil action for the
1198 noncompliance, but not for any subsequent or continuing
1199 noncompliance. Any rent so received must be accounted for at the
1200 final hearing.
1201 (6) A tenant who intends to defend against an action by the
1202 landlord for possession for noncompliance under paragraph
1203 (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e)
1204 must comply with s. 723.063(2).
1205 Section 21. Section 723.063, Florida Statutes, is amended
1206 to read:
1207 723.063 Defenses to action for rent or possession;
1208 procedure.—
1209 (1)(a) In any action based upon nonpayment of rent or
1210 seeking to recover unpaid rent, or a portion thereof, the mobile
1211 home owner may defend upon the ground of a material
1212 noncompliance with any portion of this chapter or may raise any
1213 other defense, whether legal or equitable, which he or she may
1214 have.
1215 (b) The defense of material noncompliance may be raised by
1216 the mobile home owner only if 7 days have elapsed after he or
1217 she has notified the park owner in writing of his or her
1218 intention not to pay rent, or a portion thereof, based upon the
1219 park owner’s noncompliance with portions of this chapter,
1220 specifying in reasonable detail the provisions in default. A
1221 material noncompliance with this chapter by the park owner is a
1222 complete defense to an action for possession based upon
1223 nonpayment of rent, or a portion thereof, and, upon hearing, the
1224 court or the jury, as the case may be, shall determine the
1225 amount, if any, by which the rent is to be reduced to reflect
1226 the diminution in value of the lot during the period of
1227 noncompliance with any portion of this chapter. After
1228 consideration of all other relevant issues, the court shall
1229 enter appropriate judgment.
1230 (2) In any action by the park owner or a mobile home owner
1231 brought under subsection (1), the mobile home owner shall pay
1232 into the registry of the court that portion of the accrued rent,
1233 if any, relating to the claim of material noncompliance as
1234 alleged in the complaint, or as determined by the court. The
1235 court shall notify the mobile home owner of such requirement.
1236 The failure of the mobile home owner to pay the rent, or portion
1237 thereof, into the registry of the court or to file a motion to
1238 determine the amount of rent to be paid into the registry within
1239 5 days, excluding Saturdays, Sundays, and legal holidays, after
1240 the date of service of process constitutes an absolute waiver of
1241 the mobile home owner’s defenses other than payment, and the
1242 park owner is entitled to an immediate default judgment for
1243 removal of the mobile home owner with a writ of possession to be
1244 issued without further notice or hearing thereon. If a motion to
1245 determine rent is filed, the movant must provide sworn
1246 documentation in support of his or her allegation that the rent
1247 alleged in the complaint is erroneous as required herein
1248 constitutes an absolute waiver of the mobile home owner’s
1249 defenses other than payment, and the park owner is entitled to
1250 an immediate default.
1251 (3) When the mobile home owner has deposited funds into the
1252 registry of the court in accordance with the provisions of this
1253 section and the park owner is in actual danger of loss of the
1254 premises or other personal hardship resulting from the loss of
1255 rental income from the premises, the park owner may apply to the
1256 court for disbursement of all or part of the funds or for prompt
1257 final hearing, whereupon the court shall advance the cause on
1258 the calendar. The court, after preliminary hearing, may award
1259 all or any portion of the funds on deposit to the park owner or
1260 may proceed immediately to a final resolution of the cause.
1261 Section 22. For the purpose of incorporating the amendment
1262 made by this act to section 420.5087, Florida Statutes, in a
1263 reference thereto, paragraph (i) of subsection (22) of section
1264 420.507, Florida Statutes, is reenacted to read:
1265 420.507 Powers of the corporation.—The corporation shall
1266 have all the powers necessary or convenient to carry out and
1267 effectuate the purposes and provisions of this part, including
1268 the following powers which are in addition to all other powers
1269 granted by other provisions of this part:
1270 (22) To develop and administer the State Apartment
1271 Incentive Loan Program. In developing and administering that
1272 program, the corporation may:
1273 (i) Establish, by rule, the procedure for competitively
1274 evaluating and selecting all applications for funding based on
1275 the criteria set forth in s. 420.5087(6)(c), determining actual
1276 loan amounts, making and servicing loans, and exercising the
1277 powers authorized in this subsection.
1278 Section 23. For the purpose of incorporating the amendment
1279 made by this act to section 420.5095, Florida Statutes, in a
1280 reference thereto, subsection (2) of section 193.018, Florida
1281 Statutes, is reenacted to read:
1282 193.018 Land owned by a community land trust used to
1283 provide affordable housing; assessment; structural improvements,
1284 condominium parcels, and cooperative parcels.—
1285 (2) A community land trust may convey structural
1286 improvements, condominium parcels, or cooperative parcels, that
1287 are located on specific parcels of land that are identified by a
1288 legal description contained in and subject to a ground lease
1289 having a term of at least 99 years, for the purpose of providing
1290 affordable housing to natural persons or families who meet the
1291 extremely-low-income, very-low-income, low-income, or moderate
1292 income limits specified in s. 420.0004, or the income limits for
1293 workforce housing, as defined in s. 420.5095(3). A community
1294 land trust shall retain a preemptive option to purchase any
1295 structural improvements, condominium parcels, or cooperative
1296 parcels on the land at a price determined by a formula specified
1297 in the ground lease which is designed to ensure that the
1298 structural improvements, condominium parcels, or cooperative
1299 parcels remain affordable.
1300 Section 24. For the purpose of incorporating the amendment
1301 made by this act to section 420.9071, Florida Statutes, in a
1302 reference thereto, paragraph (a) of subsection (2) of section
1303 420.9072, Florida Statutes, is reenacted to read:
1304 420.9072 State Housing Initiatives Partnership Program.—The
1305 State Housing Initiatives Partnership Program is created for the
1306 purpose of providing funds to counties and eligible
1307 municipalities as an incentive for the creation of local housing
1308 partnerships, to expand production of and preserve affordable
1309 housing, to further the housing element of the local government
1310 comprehensive plan specific to affordable housing, and to
1311 increase housing-related employment.
1312 (2)(a) To be eligible to receive funds under the program, a
1313 county or eligible municipality must:
1314 1. Submit to the corporation its local housing assistance
1315 plan describing the local housing assistance strategies
1316 established pursuant to s. 420.9075;
1317 2. Within 12 months after adopting the local housing
1318 assistance plan, amend the plan to incorporate the local housing
1319 incentive strategies defined in s. 420.9071(16) and described in
1320 s. 420.9076; and
1321 3. Within 24 months after adopting the amended local
1322 housing assistance plan to incorporate the local housing
1323 incentive strategies, amend its land development regulations or
1324 establish local policies and procedures, as necessary, to
1325 implement the local housing incentive strategies adopted by the
1326 local governing body. A county or an eligible municipality that
1327 has adopted a housing incentive strategy pursuant to s. 420.9076
1328 before the effective date of this act shall review the status of
1329 implementation of the plan according to its adopted schedule for
1330 implementation and report its findings in the annual report
1331 required by s. 420.9075(10). If, as a result of the review, a
1332 county or an eligible municipality determines that the
1333 implementation is complete and in accordance with its schedule,
1334 no further action is necessary. If a county or an eligible
1335 municipality determines that implementation according to its
1336 schedule is not complete, it must amend its land development
1337 regulations or establish local policies and procedures, as
1338 necessary, to implement the housing incentive plan within 12
1339 months after the effective date of this act, or if extenuating
1340 circumstances prevent implementation within 12 months, pursuant
1341 to s. 420.9075(13), enter into an extension agreement with the
1342 corporation.
1343 Section 25. This act shall take effect July 1, 2020.
