Bill Text: FL S0998 | 2020 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2020 CS for SB 998 By the Committee on Community Affairs; and Senator Hutson 578-02227A-20 2020998c1 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; amending s. 163.31771, F.S.; revising 7 legislative findings; requiring local governments to 8 adopt ordinances that allow accessory dwelling units 9 in any area zoned for single-family residential use; 10 amending s. 163.31801, F.S.; requiring counties, 11 municipalities, and special districts to include 12 certain data relating to impact fees in their annual 13 financial reports; amending s. 166.04151, F.S.; 14 authorizing governing bodies of municipalities to 15 approve the development of affordable housing on any 16 parcel zoned for residential, commercial, or 17 industrial use; amending s. 212.05, F.S.; providing 18 the percentage of the sales price of certain mobile 19 homes which is subject to sales tax; providing a sales 20 tax exemption for certain mobile homes; amending s. 21 212.06, F.S.; revising the definition of the term 22 “fixtures” to include certain mobile homes; amending 23 s. 320.77, F.S.; revising a certification requirement 24 for mobile home dealer applicants relating to the 25 applicant’s business location; amending s. 320.822, 26 F.S.; revising the definition of the term “code”; 27 amending s. 320.8232, F.S.; revising applicable 28 standards for the repair and remodeling of mobile and 29 manufactured homes; amending s. 367.022, F.S.; 30 revising an exemption from regulation for certain 31 water service resellers; exempting certain mobile home 32 park and mobile home subdivision owners from 33 regulation by the Florida Public Service Commission 34 relating to water and wastewater systems; amending s. 35 420.5087, F.S.; revising the criteria used by a review 36 committee when evaluating and selecting specified 37 applications for state apartment incentive loans; 38 amending s. 420.5095, F.S.; renaming the Community 39 Workforce Housing Innovation Pilot Program as the 40 Community Workforce Housing Loan Program to provide 41 workforce housing for persons affected by the high 42 cost of housing; revising the definition of the term 43 “workforce housing”; deleting the definition of the 44 term “public-private partnership”; authorizing the 45 Florida Housing Finance Corporation to provide loans 46 under the program to applicants for construction of 47 workforce housing; requiring the corporation to 48 establish a certain loan application process; deleting 49 provisions requiring the corporation to provide 50 incentives for local governments to use certain funds; 51 requiring projects to receive priority consideration 52 for funding under certain circumstances; deleting a 53 provision providing for the expedition of local 54 government comprehensive plan amendments to implement 55 a program project; requiring that the corporation 56 award loans at a specified interest rate and for a 57 limited term; conforming provisions to changes made by 58 the act; amending s. 420.531, F.S.; specifying that 59 technical support provided to local governments and 60 community-based organizations includes implementation 61 of the State Apartment Incentive Loan Program; 62 requiring the entity providing training and technical 63 assistance to convene and administer biannual 64 workshops; requiring such entity to annually compile 65 and submit certain information to the Legislature and 66 the corporation by a specified date; amending s. 67 420.9073, F.S.; authorizing the corporation to 68 withhold a certain portion of funds distributed from 69 the Local Government Housing Trust Fund to be used for 70 certain transitional housing; prohibiting such funds 71 from being used for specified purposes; requiring that 72 such transitional housing be constructed on certain 73 campuses; requiring the corporation to consult with 74 the Department of Children and Families to create 75 minimum criteria for such housing; providing for the 76 distribution of withheld funds; amending s. 420.9075, 77 F.S.; revising requirements for reports submitted by 78 counties and certain municipalities to the 79 corporation; amending s. 420.9076, F.S.; beginning on 80 a specified date, revising the membership of local 81 affordable housing advisory committees; requiring the 82 committees to perform specified duties annually 83 instead of triennially; requiring locally elected 84 officials serving on advisory committees, or their 85 designees, to attend biannual regional workshops; 86 providing a penalty; amending s. 723.041, F.S.; 87 providing that a mobile home park damaged or destroyed 88 due to natural force may be rebuilt with the same 89 density as previously approved, permitted, or built; 90 providing construction; amending s. 723.061, F.S.; 91 revising a requirement related to mailing eviction 92 notices; specifying the waiver and nonwaiver of 93 certain rights of the park owner under certain 94 circumstances; requiring the accounting at final 95 hearing of rents received; requiring a tenant 96 defending certain actions by a landlord to comply with 97 certain requirements; amending s. 723.063, F.S.; 98 revising procedures and requirements for mobile home 99 owners and revising construction relating to park 100 owners’ actions for rent or possession; revising 101 conditions under which a park owner may apply to a 102 court for disbursement of certain funds; reenacting s. 103 420.507(22)(i), F.S., relating to powers of the 104 Florida Housing Finance Corporation, to incorporate 105 the amendment made to s. 420.5087, F.S., in a 106 reference thereto; reenacting s. 193.018(2), F.S., 107 relating to land owned by a community land trust used 108 to provide affordable housing, to incorporate the 109 amendment made to s. 420.5095, F.S., in a reference 110 thereto; providing an effective date. 111 112 Be It Enacted by the Legislature of the State of Florida: 113 114 Section 1. Subsection (4) is added to section 125.01055, 115 Florida Statutes, to read: 116 125.01055 Affordable housing.— 117 (4) Notwithstanding any other law or local ordinance or 118 regulation to the contrary, the board of county commissioners 119 may approve the development of housing that is affordable, as 120 defined in s. 420.0004, on any parcel zoned for residential, 121 commercial, or industrial use. 122 Section 2. Subsections (1), (3), and (4) of section 123 163.31771, Florida Statutes, are amended to read: 124 163.31771 Accessory dwelling units.— 125 (1) The Legislature finds that the median price of homes in 126 this state has increased steadily over the last decade and at a 127 greater rate of increase than the median income in many urban 128 areas. The Legislature finds that the cost of rental housing has 129 also increased steadily and the cost often exceeds an amount 130 that is affordable to extremely-low-income, very-low-income, 131 low-income, or moderate-income persons and has resulted in a 132 critical shortage of affordable rentals in many urban areas in 133 the state. This shortage of affordable rentals constitutes a 134 threat to the health, safety, and welfare of the residents of 135 the state. Therefore, the Legislature finds that it serves an 136 important public purpose to requireencouragethe permitting of 137 accessory dwelling units in single-family residential areas in 138 order to increase the availability of affordable rentals for 139 extremely-low-income, very-low-income, low-income, or moderate 140 income persons. 141 (3) AUpon a finding by a local government that there is a142shortage of affordable rentals within its jurisdiction, the143 local government shallmayadopt an ordinance to allow accessory 144 dwelling units in any area zoned for single-family residential 145 use. 146 (4)If the local government adopts an ordinance under this147section,An application for a building permit to construct an 148 accessory dwelling unit must include an affidavit from the 149 applicant which attests that the unit will be rented at an 150 affordable rate to an extremely-low-income, very-low-income, 151 low-income, or moderate-income person or persons. 152 Section 3. Subsection (10) is added to section 163.31801, 153 Florida Statutes, to read: 154 163.31801 Impact fees; short title; intent; minimum 155 requirements; audits; challenges.— 156 (10) In addition to the items that must be reported in the 157 annual financial reports under s. 218.32, a county, 158 municipality, or special district must report all of the 159 following data on all impact fees charged: 160 (a) The specific purpose of the impact fee, including the 161 specific infrastructure needs to be met, including, but not 162 limited to, transportation, parks, water, sewer, and schools. 163 (b) The impact fee schedule policy describing the method of 164 calculating impact fees, such as flat fees, tiered scales based 165 on number of bedrooms, or tiered scales based on square footage. 166 (c) The amount assessed for each purpose and for each type 167 of dwelling. 168 (d) The total amount of impact fees charged by type of 169 dwelling. 170 Section 4. Subsection (4) is added to section 166.04151, 171 Florida Statutes, to read: 172 166.04151 Affordable housing.— 173 (4) Notwithstanding any other law or local ordinance or 174 regulation to the contrary, the governing body of a municipality 175 may approve the development of housing that is affordable, as 176 defined in s. 420.0004, on any parcel zoned for residential, 177 commercial, or industrial use. 178 Section 5. Paragraph (a) of subsection (1) of section 179 212.05, Florida Statutes, is amended to read: 180 212.05 Sales, storage, use tax.—It is hereby declared to be 181 the legislative intent that every person is exercising a taxable 182 privilege who engages in the business of selling tangible 183 personal property at retail in this state, including the 184 business of making mail order sales, or who rents or furnishes 185 any of the things or services taxable under this chapter, or who 186 stores for use or consumption in this state any item or article 187 of tangible personal property as defined herein and who leases 188 or rents such property within the state. 189 (1) For the exercise of such privilege, a tax is levied on 190 each taxable transaction or incident, which tax is due and 191 payable as follows: 192 (a)1.a. At the rate of 6 percent of the sales price of each 193 item or article of tangible personal property when sold at 194 retail in this state, computed on each taxable sale for the 195 purpose of remitting the amount of tax due the state, and 196 including each and every retail sale. 197 b. Each occasional or isolated sale of an aircraft, boat, 198 mobile home, or motor vehicle of a class or type thatwhichis 199 required to be registered, licensed, titled, or documented in 200 this state or by the United States Government shall be subject 201 to tax at the rate provided in this paragraph. A mobile home 202 shall be assessed sales tax at a rate of 6 percent on 50 percent 203 of the sales price of the mobile home, if subject to sales tax 204 as tangible personal property. However, a mobile home is not 205 subject to sales tax if the mobile home is intended to be 206 permanently affixed to the land and the purchaser signs an 207 affidavit stating that he or she intends to seek an “RP” series 208 sticker pursuant to s. 320.0815(2). The department shall by rule 209 adopt any nationally recognized publication for valuation of 210 used motor vehicles as the reference price list for any used 211 motor vehicle which is required to be licensed pursuant to s. 212 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party 213 to an occasional or isolated sale of such a vehicle reports to 214 the tax collector a sales price thatwhichis less than 80 215 percent of the average loan price for the specified model and 216 year of such vehicle as listed in the most recent reference 217 price list, the tax levied under this paragraph shall be 218 computed by the department on such average loan price unless the 219 parties to the sale have provided to the tax collector an 220 affidavit signed by each party, or other substantial proof, 221 stating the actual sales price. Any party to such sale who 222 reports a sales price less than the actual sales price is guilty 223 of a misdemeanor of the first degree, punishable as provided in 224 s. 775.082 or s. 775.083. The department shall collect or 225 attempt to collect from such party any delinquent sales taxes. 226 In addition, such party shall pay any tax due and any penalty 227 and interest assessed plus a penalty equal to twice the amount 228 of the additional tax owed. Notwithstanding any other provision 229 of law, the Department of Revenue may waive or compromise any 230 penalty imposed pursuant to this subparagraph. 231 2. This paragraph does not apply to the sale of a boat or 232 aircraft by or through a registered dealer under this chapter to 233 a purchaser who, at the time of taking delivery, is a 234 nonresident of this state, does not make his or her permanent 235 place of abode in this state, and is not engaged in carrying on 236 in this state any employment, trade, business, or profession in 237 which the boat or aircraft will be used in this state, or is a 238 corporation none of the officers or directors of which is a 239 resident of, or makes his or her permanent place of abode in, 240 this state, or is a noncorporate entity that has no individual 241 vested with authority to participate in the management, 242 direction, or control of the entity’s affairs who is a resident 243 of, or makes his or her permanent abode in, this state. For 244 purposes of this exemption, either a registered dealer acting on 245 his or her own behalf as seller, a registered dealer acting as 246 broker on behalf of a seller, or a registered dealer acting as 247 broker on behalf of the purchaser may be deemed to be the 248 selling dealer. This exemption shall not be allowed unless: 249 a. The purchaser removes a qualifying boat, as described in 250 sub-subparagraph f., from the state within 90 days after the 251 date of purchase or extension, or the purchaser removes a 252 nonqualifying boat or an aircraft from this state within 10 days 253 after the date of purchase or, when the boat or aircraft is 254 repaired or altered, within 20 days after completion of the 255 repairs or alterations; or if the aircraft will be registered in 256 a foreign jurisdiction and: 257 (I) Application for the aircraft’s registration is properly 258 filed with a civil airworthiness authority of a foreign 259 jurisdiction within 10 days after the date of purchase; 260 (II) The purchaser removes the aircraft from the state to a 261 foreign jurisdiction within 10 days after the date the aircraft 262 is registered by the applicable foreign airworthiness authority; 263 and 264 (III) The aircraft is operated in the state solely to 265 remove it from the state to a foreign jurisdiction. 266 267 For purposes of this sub-subparagraph, the term “foreign 268 jurisdiction” means any jurisdiction outside of the United 269 States or any of its territories; 270 b. The purchaser, within 30 days from the date of 271 departure, provides the department with written proof that the 272 purchaser licensed, registered, titled, or documented the boat 273 or aircraft outside the state. If such written proof is 274 unavailable, within 30 days the purchaser shall provide proof 275 that the purchaser applied for such license, title, 276 registration, or documentation. The purchaser shall forward to 277 the department proof of title, license, registration, or 278 documentation upon receipt; 279 c. The purchaser, within 10 days of removing the boat or 280 aircraft from Florida, furnishes the department with proof of 281 removal in the form of receipts for fuel, dockage, slippage, 282 tie-down, or hangaring from outside of Florida. The information 283 so provided must clearly and specifically identify the boat or 284 aircraft; 285 d. The selling dealer, within 5 days of the date of sale, 286 provides to the department a copy of the sales invoice, closing 287 statement, bills of sale, and the original affidavit signed by 288 the purchaser attesting that he or she has read the provisions 289 of this section; 290 e. The seller makes a copy of the affidavit a part of his 291 or her record for as long as required by s. 213.35; and 292 f.UnlessThe nonresident purchaser of a boat of 5 net tons 293 of admeasurement or larger intends to remove the boat from this 294 state within 10 days after the date of purchase or when the boat 295 is repaired or altered, within 20 days after completion of the 296 repairs or alterations, the nonresident purchaser applies to the 297 selling dealer for a decal which authorizes 90 days after the 298 date of purchase for removal of the boat. The nonresident 299 purchaser of a qualifying boat may apply to the selling dealer 300 within 60 days after the date of purchase for an extension decal 301 that authorizes the boat to remain in this state for an 302 additional 90 days, but not more than a total of 180 days, 303 before the nonresident purchaser is required to pay the tax 304 imposed by this chapter. The department is authorized to issue 305 decals in advance to dealers. The number of decals issued in 306 advance to a dealer shall be consistent with the volume of the 307 dealer’s past sales of boats which qualify under this sub 308 subparagraph. The selling dealer or his or her agent shall mark 309 and affix the decals to qualifying boats in the manner 310 prescribed by the department, before delivery of the boat. 311 (I) The department is hereby authorized to charge dealers a 312 fee sufficient to recover the costs of decals issued, except the 313 extension decal shall cost $425. 314 (II) The proceeds from the sale of decals will be deposited 315 into the administrative trust fund. 316 (III) Decals shall display information to identify the boat 317 as a qualifying boat under this sub-subparagraph, including, but 318 not limited to, the decal’s date of expiration. 319 (IV) The department is authorized to require dealers who 320 purchase decals to file reports with the department and may 321 prescribe all necessary records by rule. All such records are 322 subject to inspection by the department. 323 (V) Any dealer or his or her agent who issues a decal 324 falsely, fails to affix a decal, mismarks the expiration date of 325 a decal, or fails to properly account for decals will be 326 considered prima facie to have committed a fraudulent act to 327 evade the tax and will be liable for payment of the tax plus a 328 mandatory penalty of 200 percent of the tax, and shall be liable 329 for fine and punishment as provided by law for a conviction of a 330 misdemeanor of the first degree, as provided in s. 775.082 or s. 331 775.083. 332 (VI) Any nonresident purchaser of a boat who removes a 333 decal before permanently removing the boat from the state, or 334 defaces, changes, modifies, or alters a decal in a manner 335 affecting its expiration date before its expiration, or who 336 causes or allows the same to be done by another, will be 337 considered prima facie to have committed a fraudulent act to 338 evade the tax and will be liable for payment of the tax plus a 339 mandatory penalty of 200 percent of the tax, and shall be liable 340 for fine and punishment as provided by law for a conviction of a 341 misdemeanor of the first degree, as provided in s. 775.082 or s. 342 775.083. 343 (VII) The department is authorized to adopt rules necessary 344 to administer and enforce this subparagraph and to publish the 345 necessary forms and instructions. 346 (VIII) The department is hereby authorized to adopt 347 emergency rules pursuant to s. 120.54(4) to administer and 348 enforce the provisions of this subparagraph. 349 350 If the purchaser fails to remove the qualifying boat from this 351 state within the maximum 180 days after purchase or a 352 nonqualifying boat or an aircraft from this state within 10 days 353 after purchase or, when the boat or aircraft is repaired or 354 altered, within 20 days after completion of such repairs or 355 alterations, or permits the boat or aircraft to return to this 356 state within 6 months from the date of departure, except as 357 provided in s. 212.08(7)(fff), or if the purchaser fails to 358 furnish the department with any of the documentation required by 359 this subparagraph within the prescribed time period, the 360 purchaser shall be liable for use tax on the cost price of the 361 boat or aircraft and, in addition thereto, payment of a penalty 362 to the Department of Revenue equal to the tax payable. This 363 penalty shall be in lieu of the penalty imposed by s. 212.12(2). 364 The maximum 180-day period following the sale of a qualifying 365 boat tax-exempt to a nonresident may not be tolled for any 366 reason. 367 Section 6. Paragraph (b) of subsection (14) of section 368 212.06, Florida Statutes, is amended to read: 369 212.06 Sales, storage, use tax; collectible from dealers; 370 “dealer” defined; dealers to collect from purchasers; 371 legislative intent as to scope of tax.— 372 (14) For the purpose of determining whether a person is 373 improving real property, the term: 374 (b) “Fixtures” means items that are an accessory to a 375 building, other structure, or land and that do not lose their 376 identity as accessories when installed but that do become 377 permanently attached to realty. However, the term does not 378 include the following items, whether or not such items are 379 attached to real property in a permanent manner: 380 1. Property of a type that is required to be registered, 381 licensed, titled, or documented by this state or by the United 382 States Government, including, but not limited to, mobile homes, 383 except the term includes mobile homes assessed as real property 384 or intended to be qualified and taxed as real property pursuant 385 to s. 320.0815(2)., or386 2. Industrial machinery or equipment. 387 388 For purposes of this paragraph, industrial machinery or 389 equipment is not limited to machinery and equipment used to 390 manufacture, process, compound, or produce tangible personal 391 property. For an item to be considered a fixture, it is not 392 necessary that the owner of the item also own the real property 393 to which it is attached. 394 Section 7. Paragraph (h) of subsection (3) of section 395 320.77, Florida Statutes, is amended to read: 396 320.77 License required of mobile home dealers.— 397 (3) APPLICATION.—The application for such license shall be 398 in the form prescribed by the department and subject to such 399 rules as may be prescribed by it. The application shall be 400 verified by oath or affirmation and shall contain: 401 (h) Certification by the applicant: 402 1. That the location is a permanent one, not a tent or a 403 temporary stand or other temporary quarters.; and,404 2. Except in the case of a mobile home broker, that the 405 location affords sufficientunoccupiedspace to displaystore406all mobilehomesoffered and displayedfor sale. A space to 407 display a manufactured home as a model home is sufficient to 408 satisfy this requirement.; andthatThe location must beisa 409 suitable place in which the applicant can in good faith carry on 410 business and keep and maintain books, records, and files 411 necessary to conduct such business, which mustwillbe available 412 at all reasonable hours to inspection by the department or any 413 of its inspectors or other employees. 414 415 This paragraph doessubsection shallnot preclude a licensed 416 mobile home dealer from displaying and offering for sale mobile 417 homes in a mobile home park. 418 419 The department shall, if it deems necessary, cause an 420 investigation to be made to ascertain if the facts set forth in 421 the application are true and shall not issue a license to the 422 applicant until it is satisfied that the facts set forth in the 423 application are true. 424 Section 8. Paragraph (c) of subsection (2) of section 425 320.822, Florida Statutes, is amended to read: 426 320.822 Definitions; ss. 320.822-320.862.—In construing ss. 427 320.822-320.862, unless the context otherwise requires, the 428 following words or phrases have the following meanings: 429 (2) “Code” means the appropriate standards found in: 430 (c) The Mobile and Manufactured Home Repair and Remodeling 431 Code and the Used Recreational Vehicle Code. 432 Section 9. Subsection (2) of section 320.8232, Florida 433 Statutes, is amended to read: 434 320.8232 Establishment of uniform standards for used 435 recreational vehicles and repair and remodeling code for mobile 436 homes.— 437 (2) The Mobile and Manufactured Homeprovisions of the438 Repair and Remodeling Code must be a uniform code, mustshall439 ensure safe and livable housing, and mayshallnot be more 440 stringent than those standards required to be met in the 441 manufacture of mobile homes. Such code mustprovisions shall442 include, but not be limited to,standards for structural 443 adequacy, plumbing, heating, electrical systems, and fire and 444 life safety. All repairs and remodeling of mobile and 445 manufactured homes must be performed in accordance with 446 department rules. 447 Section 10. Subsection (9) of section 367.022, Florida 448 Statutes, is amended, and subsection (14) is added to that 449 section, to read: 450 367.022 Exemptions.—The following are not subject to 451 regulation by the commission as a utility nor are they subject 452 to the provisions of this chapter, except as expressly provided: 453 (9) Any person who resells water service to his or her 454 tenants or to individually metered residents for a fee that does 455 not exceed the actual purchase price of the water and wastewater 456 service plus the actual cost of meter reading and billing, not 457 to exceed 9 percent of the actual cost of service. 458 (14) The owner of a mobile home park operating both as a 459 mobile home park and a mobile home subdivision, as those terms 460 are defined in s. 723.003, who provides service within the park 461 and subdivision to a combination of both tenants and lot owners, 462 provided that the service to tenants is without specific 463 compensation. 464 Section 11. Paragraph (c) of subsection (6) of section 465 420.5087, Florida Statutes, is amended to read: 466 420.5087 State Apartment Incentive Loan Program.—There is 467 hereby created the State Apartment Incentive Loan Program for 468 the purpose of providing first, second, or other subordinated 469 mortgage loans or loan guarantees to sponsors, including for 470 profit, nonprofit, and public entities, to provide housing 471 affordable to very-low-income persons. 472 (6) On all state apartment incentive loans, except loans 473 made to housing communities for the elderly to provide for 474 lifesafety, building preservation, health, sanitation, or 475 security-related repairs or improvements, the following 476 provisions shall apply: 477 (c) The corporation shall provide by rule for the 478 establishment of a review committee for the competitive 479 evaluation and selection of applications submitted in this 480 program, including, but not limited to, the following criteria: 481 1. Tenant income and demographic targeting objectives of 482 the corporation. 483 2. Targeting objectives of the corporation which will 484 ensure an equitable distribution of loans between rural and 485 urban areas. 486 3. Sponsor’s agreement to reserve the units for persons or 487 families who have incomes below 50 percent of the state or local 488 median income, whichever is higher, for a time period that 489 exceeds the minimum required by federal law or this part. 490 4. Sponsor’s agreement to reserve more than: 491 a. Twenty percent of the units in the project for persons 492 or families who have incomes that do not exceed 50 percent of 493 the state or local median income, whichever is higher; or 494 b. Forty percent of the units in the project for persons or 495 families who have incomes that do not exceed 60 percent of the 496 state or local median income, whichever is higher, without 497 requiring a greater amount of the loans as provided in this 498 section. 499 5. Provision for tenant counseling. 500 6. Sponsor’s agreement to accept rental assistance 501 certificates or vouchers as payment for rent. 502 7. Projects requiring the least amount of a state apartment 503 incentive loan compared to overall project cost, except that the 504 share of the loan attributable to units serving extremely-low 505 income persons must be excluded from this requirement. 506 8. Local government contributions and local government 507 comprehensive planning and activities that promote affordable 508 housing and policies that promote access to public 509 transportation, reduce the need for onsite parking, and expedite 510 permits for affordable housing projects. 511 9. Project feasibility. 512 10. Economic viability of the project. 513 11. Commitment of first mortgage financing. 514 12. Sponsor’s prior experience. 515 13. Sponsor’s ability to proceed with construction. 516 14. Projects that directly implement or assist welfare-to 517 work transitioning. 518 15. Projects that reserve units for extremely-low-income 519 persons. 520 16. Projects that include green building principles, storm 521 resistant construction, or other elements that reduce long-term 522 costs relating to maintenance, utilities, or insurance. 523 17. Job-creation rate of the developer and general 524 contractor, as provided in s. 420.507(47). 525 Section 12. Section 420.5095, Florida Statutes, is amended 526 to read: 527 420.5095 Community Workforce Housing LoanInnovation Pilot528 Program.— 529 (1) The Legislature finds and declares that recent rapid 530 increases in the median purchase price of a home and the cost of 531 rental housing have far outstripped the increases in median 532 income in the state,preventing essential services personnel533from living in the communities where they serve and thereby534 creating the need for innovative solutions for the provision of 535 housing opportunitiesfor essential services personnel. 536 (2) The Community Workforce Housing LoanInnovation Pilot537 Program is created to provideaffordable rental and home538ownership communityworkforce housing for personsessential539services personnelaffected by the high cost of housing, using540regulatory incentives and state and local funds to promote local541public-private partnerships and leverage government and private542resources. 543 (3) For purposes of this section, the term:544(a)“workforce housing” means housing affordable to natural 545 persons or families whose total annual household income does not 546 exceed 80140percent of the area median income, adjusted for 547 household size, or 120150percent of area median income, 548 adjusted for household size, in areas of critical state concern 549 designated under s. 380.05, for which the Legislature has 550 declared its intent to provide affordable housing, and areas 551 that were designated as areas of critical state concern for at 552 least 20 consecutive years beforeprior toremoval of the 553 designation. 554(b) “Public-private partnership” means any form of business555entity that includes substantial involvement of at least one556county, one municipality, or one public sector entity, such as a557school district or other unit of local government in which the558project is to be located, and at least one private sector for559profit or not-for-profit business or charitable entity, and may560be any form of business entity, including a joint venture or561contractual agreement.562 (4) The Florida Housing Finance Corporation is authorized 563 to provide loans under theCommunity Workforce Housing564Innovation Pilotprogramloansto applicantsan applicantfor 565 constructionor rehabilitationof workforce housingin eligible566areas. This funding is intended to be used with other public and567private sector resources. 568 (5) The corporation shall establish a loan application 569 process under s. 420.5087by rule which includes selection570criteria, an application review process, and a funding process. 571The corporation shall also establish an application review572committee that may include up to three private citizens573representing the areas of housing or real estate development,574banking, community planning, or other areas related to the575development or financing of workforce and affordable housing.576(a) The selection criteria and application review process577must include a procedure for curing errors in the loan578applications which do not make a substantial change to the579proposed project.580(b) To achieve the goals of the pilot program, the581application review committee may approve or reject loan582applications or responses to questions raised during the review583of an application due to the insufficiency of information584provided.585(c) The application review committee shall make586recommendations concerning program participation and funding to587the corporation’s board of directors.588(d) The board of directors shall approve or reject loan589applications, determine the tentative loan amount available to590each applicant, and rank all approved applications.591(e) The board of directors shall decide which approved592applicants will become program participants and determine the593maximum loan amount for each program participant.594(6) The corporation shall provide incentives for local595governments in eligible areas to use local affordable housing596funds, such as those from the State Housing Initiatives597Partnership Program, to assist in meeting the affordable housing598needs of persons eligible under this program. Local governments599are authorized to use State Housing Initiative Partnership600Program funds for persons or families whose total annual601household income does not exceed:602(a) One hundred and forty percent of the area median603income, adjusted for household size; or604(b) One hundred and fifty percent of the area median605income, adjusted for household size, in areas that were606designated as areas of critical state concern for at least 20607consecutive years prior to the removal of the designation and in608areas of critical state concern, designated under s. 380.05, for609which the Legislature has declared its intent to provide610affordable housing.611(7) Funding shall be targeted to innovative projects in612areas where the disparity between the area median income and the613median sales price for a single-family home is greatest, and614where population growth as a percentage rate of increase is615greatest. The corporation may also fund projects in areas where616innovative regulatory and financial incentives are made617available. The corporation shall fund at least one eligible618project in as many counties and regions of the state as is619practicable, consistent with program goals.620 (6)(8)Projects must be givenshall receivepriority 621 consideration for funding ifwhere: 622 (a) The local jurisdiction has adopted, or is committed to 623 adopting, appropriate regulatory incentives,or the local624jurisdictionor public-private partnershiphas adopted or is625committed to adoptinglocal contributions or financial 626 strategies, or other funding sources to promote the development 627 and ongoing financial viability of such projects. Local 628 incentives include such actions as expediting review of 629 development orders and permits, supporting development near 630 transportation hubs and major employment centers, and adopting 631 land development regulations designed to allow flexibility in 632 densities, use of accessory units, mixed-use developments, and 633 flexible lot configurations. Financial strategies include such 634 actions as promoting employer-assisted housing programs, 635 providing tax increment financing, and providing land. 636(b) Projects are innovative and include new construction or637rehabilitation; mixed-income housing; commercial and housing638mixed-use elements; innovative design; green building639principles; storm-resistant construction; or other elements that640reduce long-term costs relating to maintenance, utilities, or641insurance and promote homeownership. The program funding may not642exceed the costs attributable to the portion of the project that643is set aside to provide housing for the targeted population.644 (b)(c)The projectsthatset aside at least 5080percent 645 of units for workforce housingand at least 50 percent for646essential services personnel and for projects that require the647least amount of program funding compared to the overall housing648costs for the project. 649(9) Notwithstanding s. 163.3184(4)(b)-(d), any local650government comprehensive plan amendment to implement a Community651Workforce Housing Innovation Pilot Program project found652consistent with this section shall be expedited as provided in653this subsection. At least 30 days prior to adopting a plan654amendment under this subsection, the local government shall655notify the state land planning agency of its intent to adopt656such an amendment, and the notice shall include its evaluation657related to site suitability and availability of facilities and658services. The public notice of the hearing required by s.659163.3184(11)(b)2. shall include a statement that the local660government intends to use the expedited adoption process661authorized by this subsection. Such amendments shall require662only a single public hearing before the governing board, which663shall be an adoption hearing as described in s. 163.3184(4)(e).664Any further proceedings shall be governed by s. 163.3184(5)665(13).666(10) The processing of approvals of development orders or667development permits, as defined in s. 163.3164, for innovative668community workforce housing projects shall be expedited.669 (7)(11)The corporation shall award loans with a 1interest670rates set at1 to 3percent interest rate for a term that does 671 not exceed 15 years,which may be made forgivable when long-term672affordability is provided and when at least 80 percent of the673units are set aside for workforce housing and at least 50674percent of the units are set aside for essential services675personnel. 676(12) All eligible applications shall:677(a) For home ownership, limit the sales price of a detached678unit, townhome, or condominium unit to not more than 90 percent679of the median sales price for that type of unit in that county,680or the statewide median sales price for that type of unit,681whichever is higher, and require that all eligible purchasers of682home ownership units occupy the homes as their primary683residence.684(b) For rental units, restrict rents for all workforce685housing serving those with incomes at or below 120 percent of686area median income at the appropriate income level using the687restricted rents for the federal low-income housing tax credit688program and, for workforce housing units serving those with689incomes above 120 percent of area median income, restrict rents690to those established by the corporation, not to exceed 30691percent of the maximum household income adjusted to unit size.692(c) Demonstrate that the applicant is a public-private693partnership in an agreement, contract, partnership agreement,694memorandum of understanding, or other written instrument signed695by all the project partners.696(d) Have grants, donations of land, or contributions from697the public-private partnership or other sources collectively698totaling at least 10 percent of the total development cost or $2699million, whichever is less. Such grants, donations of land, or700contributions must be evidenced by a letter ofcommitment,701agreement, contract, deed, memorandum of understanding, or other702written instrument at the time of application. Grants, donations703of land, or contributions in excess of 10 percent of the704development cost shall increase the application score.705(e) Demonstrate how the applicant will use the regulatory706incentives and financial strategies outlined in subsection (8)707from the local jurisdiction in which the proposed project is to708be located. The corporation may consult with the Department of709Economic Opportunity in evaluating the use of regulatory710incentives by applicants.711(f) Demonstrate that the applicant possesses title to or712site control of land and evidences availability of required713infrastructure.714(g) Demonstrate the applicant’s affordable housing715development and management experience.716(h) Provide any research or facts available supporting the717demand and need for rental or home ownership workforce housing718for eligible persons in the market in which the project is719proposed.720(13) Projects may include manufactured housing constructed721after June 1994 and installed in accordance with mobile home722installation standards of the Department of Highway Safety and723Motor Vehicles.724 (8)(14)The corporation may adopt rules pursuant to ss. 725 120.536(1) and 120.54 to implement this section. 726(15) The corporation may use a maximum of 2 percent of the727annual program appropriation for administration and compliance728monitoring.729(16) The corporation shall review the success of the730Community Workforce Housing Innovation Pilot Program to731ascertain whether the projects financed by the program are732useful in meeting the housing needs of eligible areas and shall733include its findings in the annual report required under s.734420.511(3).735 Section 13. Section 420.531, Florida Statutes, is amended 736 to read: 737 420.531 Affordable Housing Catalyst Program.— 738 (1) The corporation shall operate the Affordable Housing 739 Catalyst Program for the purpose of securing the expertise 740 necessary to provide specialized technical support to local 741 governments and community-based organizations to implement the 742 HOME Investment Partnership Program, State Apartment Incentive 743 Loan Program, State Housing Initiatives Partnership Program, and 744 other affordable housing programs. To the maximum extent 745 feasible, the entity to provide the necessary expertise must be 746 recognized by the Internal Revenue Service as a nonprofit tax 747 exempt organization. It must have as its primary mission the 748 provision of affordable housing training and technical 749 assistance, an ability to provide training and technical 750 assistance statewide, and a proven track record of successfully 751 providing training and technical assistance under the Affordable 752 Housing Catalyst Program. The technical support shall, at a 753 minimum, include training relating to the following key elements 754 of the partnership programs: 755 (a)(1)Formation of local and regional housing partnerships 756 as a means of bringing together resources to provide affordable 757 housing. 758 (b)(2)Implementation of regulatory reforms to reduce the 759 risk and cost of developing affordable housing. 760 (c)(3)Implementation of affordable housing programs 761 included in local government comprehensive plans. 762 (d)(4)Compliance with requirements of federally funded 763 housing programs. 764 (2) In consultation with the corporation, the entity 765 providing statewide training and technical assistance shall 766 convene and administer biannual, regional workshops for the 767 locally elected officials serving on affordable housing advisory 768 committees as provided in s. 420.9076. The regional workshops 769 may be conducted through teleconferencing or other technological 770 means and must include processes and programming that facilitate 771 peer-to-peer identification and sharing of best affordable 772 housing practices among the locally elected officials. Annually, 773 calendar year reports summarizing the deliberations, actions, 774 and recommendations of each region, as well as the attendance 775 records of locally elected officials, must be compiled by the 776 entity providing statewide training and technical assistance for 777 the Affordable Housing Catalyst Program and must be submitted to 778 the President of the Senate, the Speaker of the House of 779 Representatives, and the corporation by March 31 of the 780 following year. 781 Section 14. Present subsection (7) of section 420.9073, 782 Florida Statutes, is redesignated as subsection (8), and a new 783 subsection (7) is added to that section, to read: 784 420.9073 Local housing distributions.— 785 (7) Notwithstanding subsections (1)-(4), the corporation 786 may withhold up to 5 percent of the total amount distributed 787 each fiscal year from the Local Government Housing Trust Fund to 788 provide additional funding to counties and eligible 789 municipalities for the construction of transitional housing for 790 persons aging out of foster care. Funds may not be used for 791 design or planning. Such housing must be constructed on a campus 792 that provides housing for persons aging out of foster care. The 793 corporation must consult with the Department of Children and 794 Families to create minimum criteria for such housing. Any 795 portion of the withheld funds not distributed or committed by 796 the end of the fiscal year shall be distributed as provided in 797 subsections (1) and (2). 798 Section 15. Paragraph (j) is added to subsection (10) of 799 section 420.9075, Florida Statutes, to read: 800 420.9075 Local housing assistance plans; partnerships.— 801 (10) Each county or eligible municipality shall submit to 802 the corporation by September 15 of each year a report of its 803 affordable housing programs and accomplishments through June 30 804 immediately preceding submittal of the report. The report shall 805 be certified as accurate and complete by the local government’s 806 chief elected official or his or her designee. Transmittal of 807 the annual report by a county’s or eligible municipality’s chief 808 elected official, or his or her designee, certifies that the 809 local housing incentive strategies, or, if applicable, the local 810 housing incentive plan, have been implemented or are in the 811 process of being implemented pursuant to the adopted schedule 812 for implementation. The report must include, but is not limited 813 to: 814 (j) The number of affordable housing applications 815 submitted, the number approved, and the number denied. 816 Section 16. Subsections (2) and (4) of section 420.9076, 817 Florida Statutes, are amended, and subsection (10) is added to 818 that section, to read: 819 420.9076 Adoption of affordable housing incentive 820 strategies; committees.— 821 (2) The governing board of a county or municipality shall 822 appoint the members of the affordable housing advisory 823 committee. Pursuant to the terms of any interlocal agreement, a 824 county and municipality may create and jointly appoint an 825 advisory committee. The local action adopted pursuant to s. 826 420.9072 which creates the advisory committee and appoints the 827 advisory committee members must name at least 8 but not more 828 than 11 committee members and specify their terms. Effective 829 October 1, 2020, the committee must consist of one locally 830 elected official from each county or municipality participating 831 in the State Housing Initiatives Partnership Program and one 832 representative from at least six of the categories below: 833 (a) A citizen who is actively engaged in the residential 834 home building industry in connection with affordable housing. 835 (b) A citizen who is actively engaged in the banking or 836 mortgage banking industry in connection with affordable housing. 837 (c) A citizen who is a representative of those areas of 838 labor actively engaged in home building in connection with 839 affordable housing. 840 (d) A citizen who is actively engaged as an advocate for 841 low-income persons in connection with affordable housing. 842 (e) A citizen who is actively engaged as a for-profit 843 provider of affordable housing. 844 (f) A citizen who is actively engaged as a not-for-profit 845 provider of affordable housing. 846 (g) A citizen who is actively engaged as a real estate 847 professional in connection with affordable housing. 848 (h) A citizen who actively serves on the local planning 849 agency pursuant to s. 163.3174. If the local planning agency is 850 comprised of the governing board of the county or municipality, 851 the governing board may appoint a designee who is knowledgeable 852 in the local planning process. 853 (i) A citizen who resides within the jurisdiction of the 854 local governing body making the appointments. 855 (j) A citizen who represents employers within the 856 jurisdiction. 857 (k) A citizen who represents essential services personnel, 858 as defined in the local housing assistance plan. 859 (4) AnnuallyTriennially, the advisory committee shall 860 review the established policies and procedures, ordinances, land 861 development regulations, and adopted local government 862 comprehensive plan of the appointing local government and shall 863 recommend specific actions or initiatives to encourage or 864 facilitate affordable housing while protecting the ability of 865 the property to appreciate in value. The recommendations may 866 include the modification or repeal of existing policies, 867 procedures, ordinances, regulations, or plan provisions; the 868 creation of exceptions applicable to affordable housing; or the 869 adoption of new policies, procedures, regulations, ordinances, 870 or plan provisions, including recommendations to amend the local 871 government comprehensive plan and corresponding regulations, 872 ordinances, and other policies. At a minimum, each advisory 873 committee shall submit an annualareport to the local governing 874 body and to the entity providing statewide training and 875 technical assistance for the Affordable Housing Catalyst Program 876 whichthatincludes recommendations on, and triennially877thereafter evaluatesthe implementation of,affordable housing 878 incentives in the following areas: 879 (a) The processing of approvals of development orders or 880 permits for affordable housing projects is expedited to a 881 greater degree than other projects, as provided in s. 882 163.3177(6)(f)3. 883 (b) All allowable fee waivers providedThe modification of884impact-fee requirements, including reduction or waiver of fees885and alternative methods of fee paymentfor the development or 886 construction of affordable housing. 887 (c) The allowance of flexibility in densities for 888 affordable housing. 889 (d) The reservation of infrastructure capacity for housing 890 for very-low-income persons, low-income persons, and moderate 891 income persons. 892 (e)The allowance ofAffordable accessory residential units 893in residential zoning districts. 894 (f) The reduction of parking and setback requirements for 895 affordable housing. 896 (g) The allowance of flexible lot configurations, including 897 zero-lot-line configurations for affordable housing. 898 (h) The modification of street requirements for affordable 899 housing. 900 (i) The establishment of a process by which a local 901 government considers, before adoption, policies, procedures, 902 ordinances, regulations, or plan provisions that increase the 903 cost of housing. 904 (j) The preparation of a printed inventory of locally owned 905 public lands suitable for affordable housing. 906 (k) The support of development near transportation hubs and 907 major employment centers and mixed-use developments. 908 909 The advisory committee recommendations may also include other 910 affordable housing incentives identified by the advisory 911 committee. Local governments that receive the minimum allocation 912 under the State Housing Initiatives Partnership Program shall 913 perform antheinitial review but may elect to not perform the 914 annualtriennialreview. 915 (10) The locally elected official serving on an advisory 916 committee, or a locally elected designee, must attend biannual 917 regional workshops convened and administered under the 918 Affordable Housing Catalyst Program as provided in s. 919 420.531(2). If the locally elected official or a locally elected 920 designee fails to attend three consecutive regional workshops, 921 the corporation may withhold funds pending the person’s 922 attendance at the next regularly scheduled biannual meeting. 923 Section 17. Subsections (5) and (6) are added to section 924 723.041, Florida Statutes, to read: 925 723.041 Entrance fees; refunds; exit fees prohibited; 926 replacement homes.— 927 (5) A mobile home park that is damaged or destroyed due to 928 wind, water, or other natural force may be rebuilt on the same 929 site with the same density as was approved, permitted, or built 930 before the park was damaged or destroyed. 931 (6) This section does not limit the regulation of the 932 uniform firesafety standards established under s. 633.206, but 933 supersedes any other density, separation, setback, or lot size 934 regulation adopted after initial permitting and construction of 935 the mobile home park. 936 Section 18. Subsection (4) of section 723.061, Florida 937 Statutes, is amended, and subsections (5) and (6) are added to 938 that section, to read: 939 723.061 Eviction; grounds, proceedings.— 940 (4) Except for the notice to the officers of the 941 homeowners’ association under subparagraph (1)(d)1., any notice 942 required by this section must be in writing,and must be posted 943 on the premises and sent to the mobile home owner and tenant or 944 occupant, as appropriate, by United States mailcertified or945registered mail, return receipt requested, addressed to the 946 mobile home owner and tenant or occupant, as appropriate, at her 947 or his last known address. Delivery of the mailed notice is 948shall bedeemed given 5 days after the date of postmark. 949 (5) If the park owner accepts payment of any portion of the 950 lot rental amount with actual knowledge of noncompliance after 951 notice and termination of the rental agreement due to a 952 violation under paragraph (1)(b), paragraph (1)(c), or paragraph 953 (1)(e), the park owner does not waive the right to terminate the 954 rental agreement or the right to bring a civil action for the 955 noncompliance, but not for any subsequent or continuing 956 noncompliance. Any rent so received must be accounted for at the 957 final hearing. 958 (6) A tenant who intends to defend against an action by the 959 landlord for possession for noncompliance under paragraph 960 (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) 961 must comply with s. 723.063(2). 962 Section 19. Section 723.063, Florida Statutes, is amended 963 to read: 964 723.063 Defenses to action for rent or possession; 965 procedure.— 966 (1)(a) In any action based upon nonpayment of rent or 967 seeking to recover unpaid rent, or a portion thereof, the mobile 968 home owner may defend upon the ground of a material 969 noncompliance with any portion of this chapter or may raise any 970 other defense, whether legal or equitable, which he or she may 971 have. 972 (b) The defense of material noncompliance may be raised by 973 the mobile home owner only if 7 days have elapsed after he or 974 she has notified the park owner in writing of his or her 975 intention not to pay rent, or a portion thereof, based upon the 976 park owner’s noncompliance with portions of this chapter, 977 specifying in reasonable detail the provisions in default. A 978 material noncompliance with this chapter by the park owner is a 979 complete defense to an action for possession based upon 980 nonpayment of rent, or a portion thereof, and, upon hearing, the 981 court or the jury, as the case may be, shall determine the 982 amount, if any, by which the rent is to be reduced to reflect 983 the diminution in value of the lot during the period of 984 noncompliance with any portion of this chapter. After 985 consideration of all other relevant issues, the court shall 986 enter appropriate judgment. 987 (2) In any action by the park owner or a mobile home owner 988 brought under subsection (1), the mobile home owner shall pay 989 into the registry of the court that portion of the accrued rent, 990 if any, relating to the claim of material noncompliance as 991 alleged in the complaint, or as determined by the court. The 992 court shall notify the mobile home owner of such requirement. 993 The failure of the mobile home owner to pay the rent, or portion994thereof,into the registry of the court or to file a motion to 995 determine the amount of rent to be paid into the registry within 996 5 days, excluding Saturdays, Sundays, and legal holidays, after 997 the date of service of process constitutes an absolute waiver of 998 the mobile home owner’s defenses other than payment, and the 999 park owner is entitled to an immediate default judgment for 1000 removal of the mobile home owner with a writ of possession to be 1001 issued without further notice or hearing thereon. If a motion to 1002 determine rent is filed, the movant must provide sworn 1003 documentation in support of his or her allegation that the rent 1004 alleged in the complaint is erroneousas required herein1005constitutes an absolute waiver of the mobile home owner’s1006defenses other than payment, and the park owner is entitled to1007an immediate default. 1008 (3) When the mobile home owner has deposited funds into the 1009 registry of the court in accordance withthe provisions ofthis 1010 sectionand the park owner is in actual danger of loss of the1011premises or other personal hardship resulting from the loss of1012rental income from the premises, the park owner may apply to the 1013 court for disbursement of all or part of the funds or for prompt 1014 final hearing, whereupon the court shall advance the cause on 1015 the calendar. The court, after preliminary hearing, may award 1016 all or any portion of the funds on deposit to the park owner or 1017 may proceed immediately to a final resolution of the cause. 1018 Section 20. For the purpose of incorporating the amendment 1019 made by this act to section 420.5087, Florida Statutes, in a 1020 reference thereto, paragraph (i) of subsection (22) of section 1021 420.507, Florida Statutes, is reenacted to read: 1022 420.507 Powers of the corporation.—The corporation shall 1023 have all the powers necessary or convenient to carry out and 1024 effectuate the purposes and provisions of this part, including 1025 the following powers which are in addition to all other powers 1026 granted by other provisions of this part: 1027 (22) To develop and administer the State Apartment 1028 Incentive Loan Program. In developing and administering that 1029 program, the corporation may: 1030 (i) Establish, by rule, the procedure for competitively 1031 evaluating and selecting all applications for funding based on 1032 the criteria set forth in s. 420.5087(6)(c), determining actual 1033 loan amounts, making and servicing loans, and exercising the 1034 powers authorized in this subsection. 1035 Section 21. For the purpose of incorporating the amendment 1036 made by this act to section 420.5095, Florida Statutes, in a 1037 reference thereto, subsection (2) of section 193.018, Florida 1038 Statutes, is reenacted to read: 1039 193.018 Land owned by a community land trust used to 1040 provide affordable housing; assessment; structural improvements, 1041 condominium parcels, and cooperative parcels.— 1042 (2) A community land trust may convey structural 1043 improvements, condominium parcels, or cooperative parcels, that 1044 are located on specific parcels of land that are identified by a 1045 legal description contained in and subject to a ground lease 1046 having a term of at least 99 years, for the purpose of providing 1047 affordable housing to natural persons or families who meet the 1048 extremely-low-income, very-low-income, low-income, or moderate 1049 income limits specified in s. 420.0004, or the income limits for 1050 workforce housing, as defined in s. 420.5095(3). A community 1051 land trust shall retain a preemptive option to purchase any 1052 structural improvements, condominium parcels, or cooperative 1053 parcels on the land at a price determined by a formula specified 1054 in the ground lease which is designed to ensure that the 1055 structural improvements, condominium parcels, or cooperative 1056 parcels remain affordable. 1057 Section 22. This act shall take effect July 1, 2020.