Bill Text: FL S1328 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Affordable Housing
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S1328 Detail]
Download: Florida-2018-S1328-Introduced.html
Bill Title: Affordable Housing
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-03-10 - Died on Calendar [S1328 Detail]
Download: Florida-2018-S1328-Introduced.html
Florida Senate - 2018 SB 1328
By Senator Perry
8-01486-18 20181328__
1 A bill to be entitled
2 An act relating to affordable housing; amending ss.
3 125.379 and 166.0451, F.S.; revising the criteria that
4 counties and municipalities must use when evaluating
5 real property as part of their inventory for disposal
6 of lands; amending s. 163.3180, F.S.; prohibiting
7 local governments from charging certain mobility fees
8 for a specified period; preempting to the state the
9 right to impose such fees; amending s. 163.31801,
10 F.S.; prohibiting local governments from charging
11 certain impact fees for a specified period; preempting
12 to the state the right to impose such fees; specifying
13 additional information that must be submitted by
14 specified entities when submitting their annual
15 financial reports; creating s. 420.0007, F.S.;
16 providing a local permit approval process for
17 affordable housing; amending s. 420.5087, F.S.;
18 revising the criteria used by a review committee when
19 evaluating and selecting specified applications for
20 state apartment incentive loans; creating s. 420.54,
21 F.S.; creating the Hurricane Housing Recovery Program
22 to provide funds for specified purposes related to
23 affordable housing; requiring that the Florida Housing
24 Finance Corporation administer the program according
25 to specified procedures; specifying how program funds
26 are to be used; creating the Recovery Rental Loan
27 Program to provide funds for specified purposes
28 related to rental housing; providing legislative
29 intent; requiring an annual report regarding the
30 housing recovery program; authorizing the corporation
31 to adopt emergency rules to implement the programs;
32 providing legislative findings regarding such
33 emergency rulemaking; exempting the emergency rules
34 from specified requirements; providing appropriations;
35 creating s. 420.56, F.S.; providing a process for
36 certain entities to dispose of surplus lands for use
37 for the construction of affordable housing; amending
38 s. 420.9071, F.S.; revising the definition of “local
39 housing incentive strategies”; amending ss. 253.0341,
40 337.25, and 373.089, F.S.; revising the procedures
41 under which the board of trustees, the Department of
42 Transportation, and the water management districts
43 must dispose of nonconservation surplus lands;
44 providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Subsection (1) of section 125.379, Florida
49 Statutes, is amended to read:
50 125.379 Disposition of county property for affordable
51 housing.—
52 (1) Beginning July 1, 2018 By July 1, 2007, and every 3
53 years thereafter, each county shall prepare an inventory list of
54 all real property within its jurisdiction to which the county
55 holds fee simple title which that is appropriate for use as
56 affordable housing. The real property must be evaluated on
57 criteria including environmental suitability for construction,
58 site characteristics, current land use designation, current or
59 anticipated zoning, whether the property is included in at least
60 one special district, existing infrastructure, proximity to
61 employment opportunities, proximity to public transportation,
62 and proximity to existing services. The inventory list must
63 include the address and legal description of each such real
64 property and specify whether the property is vacant or improved.
65 The governing body of the county must review the inventory list
66 at a public hearing and may revise it at the conclusion of the
67 public hearing. The governing body of the county shall adopt a
68 resolution that includes an inventory list of such property
69 following the public hearing.
70 Section 2. Paragraph (i) of subsection (5) of section
71 163.3180, Florida Statutes, is amended to read:
72 163.3180 Concurrency.—
73 (5)
74 (i)1. If a local government elects to repeal transportation
75 concurrency, it is encouraged to adopt an alternative mobility
76 funding system that uses one or more of the tools and techniques
77 identified in paragraph (f). Any alternative mobility funding
78 system adopted may not be used to deny, time, or phase an
79 application for site plan approval, plat approval, final
80 subdivision approval, building permits, or the functional
81 equivalent of such approvals provided that the developer agrees
82 to pay for the development’s identified transportation impacts
83 via the funding mechanism implemented by the local government.
84 The revenue from the funding mechanism used in the alternative
85 system must be used to implement the needs of the local
86 government’s plan which serves as the basis for the fee imposed.
87 A mobility fee-based funding system must comply with the dual
88 rational nexus test applicable to impact fees. An alternative
89 system that is not mobility fee-based shall not be applied in a
90 manner that imposes upon new development any responsibility for
91 funding an existing transportation deficiency as defined in
92 paragraph (h).
93 2. Beginning July 1, 2018, and ending June 20, 2023, a
94 local government may not charge a mobility fee for the
95 development or construction of housing that is affordable, as
96 defined in s. 420.9071.
97 Section 3. Subsection (6) is added to section 163.31801,
98 Florida Statutes, to read:
99 163.31801 Impact fees; short title; intent; definitions;
100 ordinances levying impact fees.—
101 (6)(a) Beginning July 1, 2018, and ending June 20, 2023, a
102 local government may not charge an impact fee for the
103 development or construction of housing that is affordable, as
104 defined in s. 420.9071.
105 (b) In addition to the items that must be reported in the
106 annual financial reports required under s. 218.32, counties and
107 municipalities shall report the following data on all impact
108 fees charged:
109 1. The specific purpose of the impact fee, including the
110 specific infrastructure need to be met, such as transportation,
111 parks, water, sewer, and schools;
112 2. The impact fee schedule policy, describing the method of
113 calculating impact fees, such as a flat fee, a tiered scale
114 based on number of bedrooms, and a tiered scale based on square
115 footage;
116 3. The amount assessed for each purpose and type of
117 dwelling;
118 4. The total amount of impact fees charged by type of
119 dwelling; and
120 5. Each exception and waiver provided for affordable
121 housing developments.
122 Section 4. Subsection (1) of section 166.0451, Florida
123 Statutes, is amended to read:
124 166.0451 Disposition of municipal property for affordable
125 housing.—
126 (1) Beginning July 1, 2018 By July 1, 2007, and every 3
127 years thereafter, each municipality shall prepare an inventory
128 list of all real property within its jurisdiction to which the
129 municipality holds fee simple title which that is appropriate
130 for use as affordable housing. Such real property shall be
131 evaluated on criteria that include the environmental suitability
132 for construction, site characteristics, currently designated
133 land use, current or anticipated zoning, whether the property is
134 included in one or more special districts, existing
135 infrastructure, proximity to employment opportunities, proximity
136 to public transportation, and proximity to services. The
137 inventory list must include the address and legal description of
138 each such property and specify whether the property is vacant or
139 improved. The governing body of the municipality must review the
140 inventory list at a public hearing and may revise it at the
141 conclusion of the public hearing. Following the public hearing,
142 the governing body of the municipality shall adopt a resolution
143 that includes an inventory list of such property.
144 Section 5. Section 420.0007, Florida Statutes, is created
145 to read:
146 420.0007 Local permit approval process for affordable
147 housing.—
148 (1) A local government has 15 days from the date it
149 receives an application for a development permit, construction
150 permit, or certificate of occupancy for affordable housing to
151 examine the application, notify the applicant of any apparent
152 errors or omissions, and request any additional information the
153 local government is authorized by law to require.
154 (2) If a local government does not timely request
155 additional information, it may not deny a development permit,
156 construction permit, or certificate of occupancy for affordable
157 housing if the applicant fails to correct an error or omission
158 or to supply additional information.
159 (3) The local government may require any additional
160 requested information to be submitted no later than 10 days
161 after the date that it gives notice to the applicant, as
162 specified in subsection (1).
163 (4) For good cause shown, the local government must grant a
164 request for an extension of time for submitting the additional
165 information.
166 (5) An application is complete upon receipt of all
167 requested information and the correction of any error or
168 omission of which the applicant was timely notified or when the
169 time for notification has expired.
170 (6) The local government must approve or deny an
171 application for a development permit, construction permit, or
172 certificate of occupancy for affordable housing within 60 days
173 after receipt of a completed application, unless a shorter
174 period of time for local government action is provided by law.
175 (7) If the local government does not approve or deny within
176 the 60-day or shorter time period, as appropriate, an
177 application for a development permit, construction permit, or
178 certificate of occupancy for affordable housing, the permit is
179 considered approved and the local government must issue the
180 development permit, construction permit, or certificate of
181 occupancy, which may include such reasonable conditions as
182 authorized by law.
183 (8) An applicant for a development permit, construction
184 permit, or certificate of occupancy seeking to receive a permit
185 by default under this section shall notify the local government,
186 in writing, of its intent to rely upon the default approval
187 under this section but may not take any action based upon the
188 default development permit, construction permit, or certificate
189 of occupancy until the applicant receives notification or a
190 receipt acknowledging that the local government received the
191 notice. The applicant must retain the notification or receipt.
192 Section 6. Paragraph (c) of subsection (6) of section
193 420.5087, Florida Statutes, is amended to read:
194 420.5087 State Apartment Incentive Loan Program.—There is
195 hereby created the State Apartment Incentive Loan Program for
196 the purpose of providing first, second, or other subordinated
197 mortgage loans or loan guarantees to sponsors, including for
198 profit, nonprofit, and public entities, to provide housing
199 affordable to very-low-income persons.
200 (6) On all state apartment incentive loans, except loans
201 made to housing communities for the elderly to provide for
202 lifesafety, building preservation, health, sanitation, or
203 security-related repairs or improvements, the following
204 provisions shall apply:
205 (c) The corporation shall provide by rule for the
206 establishment of a review committee for the competitive
207 evaluation and selection of applications submitted in this
208 program, including, but not limited to, the following criteria:
209 1. Tenant income and demographic targeting objectives of
210 the corporation.
211 2. Targeting objectives of the corporation which will
212 ensure an equitable distribution of loans between rural and
213 urban areas.
214 3. Sponsor’s agreement to reserve the units for persons or
215 families who have incomes below 50 percent of the state or local
216 median income, whichever is higher, for a time period that
217 exceeds the minimum required by federal law or this part.
218 4. Sponsor’s agreement to reserve more than:
219 a. Twenty percent of the units in the project for persons
220 or families who have incomes that do not exceed 50 percent of
221 the state or local median income, whichever is higher; or
222 b. Forty percent of the units in the project for persons or
223 families who have incomes that do not exceed 60 percent of the
224 state or local median income, whichever is higher, without
225 requiring a greater amount of the loans as provided in this
226 section.
227 5. Provision for tenant counseling.
228 6. Sponsor’s agreement to accept rental assistance
229 certificates or vouchers as payment for rent.
230 7. Projects requiring the least amount of a state apartment
231 incentive loan compared to overall project cost, except that the
232 share of the loan attributable to units serving extremely-low
233 income persons must be excluded from this requirement.
234 8. Local government contributions and local government
235 comprehensive planning and activities that promote affordable
236 housing, and policies that promote access to public
237 transportation, reduce the need for onsite parking, and expedite
238 permits for affordable housing projects as provided in s.
239 420.0007.
240 9. Project feasibility.
241 10. Economic viability of the project.
242 11. Commitment of first mortgage financing.
243 12. Sponsor’s prior experience.
244 13. Sponsor’s ability to proceed with construction.
245 14. Projects that directly implement or assist welfare-to
246 work transitioning.
247 15. Projects that reserve units for extremely-low-income
248 persons.
249 16. Projects that include green building principles, storm
250 resistant construction, or other elements that reduce long-term
251 costs relating to maintenance, utilities, or insurance.
252 17. Job-creation rate of the developer and general
253 contractor, as provided in s. 420.507(47).
254 Section 7. Section 420.54, Florida Statutes, is created to
255 read:
256 420.54 Hurricane recovery programs.—
257 (1) The Hurricane Housing Recovery Program is created to
258 provide funding to local governments for recovery efforts
259 related to the impact of Hurricanes Irma and Maria during the
260 2017 Atlantic hurricane season on the affordable housing
261 inventory. The corporation shall administer the program,
262 allocating resources to local governments according to a need
263 based formula that reflects affordable housing damage estimates.
264 Eligible local governments must submit a strategy outlining
265 proposed recovery actions, income levels, number of units to be
266 served, and funding requests. Program funds must be used as
267 follows:
268 (a) To serve households with incomes of up to 120 percent
269 of area median income; however, at least 30 percent of program
270 funds must be reserved for households with incomes of up to 50
271 percent of area median income, and an additional 30 percent of
272 program funds must be reserved for households with incomes of up
273 to 80 percent of area median income.
274 (b) At least 65 percent of funds allocated must be used for
275 homeownership and distributed as provided in paragraph (a).
276 (c) Up to 15 percent of the allocation may be used for
277 administrative expenses to ensure expeditious use of funds.
278 (2) The Recovery Rental Loan Program is created to provide
279 funds to build additional rental housing in light of the impact
280 of Hurricanes Irma and Maria during the 2017 Atlantic hurricane
281 season on the rental housing inventory. The program is intended
282 to allow the state to leverage federal funds as it does in the
283 State Apartment Incentive Loan Program described in s. 420.5087.
284 (3) By September 15, 2019, and each year thereafter, each
285 participating local entity shall submit a report of its housing
286 recovery program and accomplishments through June 30 of that
287 year, as specified by the corporation.
288 (4) The corporation may adopt emergency rules pursuant to
289 s. 120.54 to implement this section. The Legislature finds that
290 emergency rules adopted pursuant to this section meet the
291 immediate danger to the public health, safety, and welfare
292 standard established in s. 120.54(4). The Legislature finds that
293 such emergency rulemaking is necessary to preserve the rights
294 and welfare of the people and to provide additional funds to
295 assist those areas of the state which sustained impacts to
296 available affordable housing inventory due to Hurricanes Irma
297 and Maria. Therefore, in adopting such emergency rules, the
298 corporation need not establish that the standard established in
299 s. 120.54(4)(a) has been met. Emergency rules adopted under this
300 section are exempt from s. 120.54(4)(c).
301 Section 8. For the 2018-2019 fiscal year, 20 percent of the
302 most recent revenue estimate from the Revenue Estimating
303 Conference for the 2018-2019 fiscal year for both the Local
304 Government Housing Trust Fund and the State Housing Trust Fund
305 is appropriated to the Florida Housing Finance Corporation for
306 the purpose of affordable housing hurricane recovery efforts.
307 Funds from the Local Government Housing Trust Fund must be used
308 for the Hurricane Housing Recovery Program created in s. 420.54,
309 Florida Statutes, and must be allocated based on the review of
310 Federal Emergency Management Agency damage assessment data by
311 the Florida Housing Finance Corporation. Funds from the State
312 Housing Trust Fund must be used for the Recovery Rental Loan
313 Program created in s. 420.54, Florida Statutes, to assist with
314 building and rehabilitating affordable rental housing to help
315 communities respond to hurricane recovery needs. The Florida
316 Housing Finance Corporation shall use $100,000 from the funds
317 appropriated from the State Housing Trust Fund to provide
318 technical and training assistance.
319 Section 9. Section 420.56, Florida Statutes, is created to
320 read:
321 420.56 Disposal of surplus lands for use as affordable
322 housing.—
323 (1) It is the intent of the Legislature to make all surplus
324 lands designated as nonconservation available for affordable
325 housing before making the parcels available for purchase by
326 other governmental entities or the public.
327 (2) The Department of Environmental Protection, acting on
328 the behalf of the Board of Trustees of the Internal Improvement
329 Trust Fund; the Department of Transportation; and each water
330 management district shall notify the corporation when
331 nonconservation land becomes available for surplus as part of
332 the entity’s regular review of lands under s. 253.0341, s.
333 337.25, or s. 373.089 before making the parcel available for any
334 other use, including for purchase by other governmental entities
335 or the public. Water management districts must identify only
336 nonconservation surplus lands originally acquired using state
337 funds.
338 (3) In consultation with the Department of Environmental
339 Protection, the Department of Transportation, and the water
340 management districts, the corporation must evaluate whether
341 these surplus lands are suitable for the construction of
342 affordable housing based on the property’s environmental
343 suitability for such construction; current and anticipated land
344 use and zoning; inclusion in one or more special districts
345 intended to revitalize the community; existing infrastructure on
346 the land such as roads, water, sewer, and electricity; access to
347 grocery stores within walking distance or by public
348 transportation; access to employment opportunities within
349 walking distance or by public transportation; access to public
350 transportation within one-half mile; and access to community
351 services such as public libraries, food kitchens, and employment
352 centers.
353 (4) If the corporation determines that the nonconservation
354 surplus land is suitable for the construction of affordable
355 housing, the entity seeking to dispose of the parcel must first
356 offer the land to the county and any municipality in which the
357 land is located to be used for the construction of affordable
358 housing before the entity offers the land to other governmental
359 entities or the public. If the county and any municipality where
360 the parcel is located do not wish to use the parcel for
361 affordable housing, the entity may dispose of the parcel as
362 otherwise provided by law or this section.
363 (5) The Board of Trustees of the Internal Improvement Trust
364 Fund, the Department of Transportation, and the water management
365 districts may sell the parcels identified by the corporation as
366 suitable for affordable housing for less than the appraised
367 value to any party so long as the agency places an encumbrance
368 on the parcels to ensure that the purchaser uses the land for
369 the construction and maintenance of affordable housing for a
370 period of at least 99 years.
371 (6)(a) The Board of Trustees of the Internal Improvement
372 Trust Fund, the Department of Transportation, and the water
373 management districts are exempt from the disposal procedures
374 provided in ss. 253.0341(8) and (9), 337.25(4) and (7), and
375 373.089(1), (2), (3), and (8) when disposing of nonconservation
376 surplus lands under this section.
377 (b) The sale price of land parcels disposed of pursuant to
378 this section shall be determined by the entity disposing of the
379 parcel. The Department of Transportation, the Board of Trustees
380 of the Internal Improvement Trust Fund, and the water management
381 districts must consider at least one appraisal of the property
382 or, if the estimated value of the land is $500,000 or less, a
383 comparable sales analysis or a broker’s opinion of value.
384 Section 10. Subsection (16) of section 420.9071, Florida
385 Statutes, is amended to read:
386 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
387 term:
388 (16) “Local housing incentive strategies” means local
389 regulatory reform or incentive programs to encourage or
390 facilitate affordable housing production, which include at a
391 minimum, expediting permits for affordable housing projects as
392 provided in s. 420.0007 assurance that permits for affordable
393 housing projects are expedited to a greater degree than other
394 projects, as provided in s. 163.3177(6)(f)3.; an ongoing process
395 for review of local policies, ordinances, regulations, and plan
396 provisions that increase the cost of housing prior to their
397 adoption; and a schedule for implementing the incentive
398 strategies. Local housing incentive strategies may also include
399 other regulatory reforms, such as those enumerated in s.
400 420.9076 or those recommended by the affordable housing advisory
401 committee in its triennial evaluation of the implementation of
402 affordable housing incentives, and adopted by the local
403 governing body.
404 Section 11. Subsections (4) and (7) of section 253.0341,
405 Florida Statutes, are amended to read:
406 253.0341 Surplus of state-owned lands.—
407 (4) Beginning July 1, 2018, and continuing every 3 years
408 thereafter, At least every 10 years, as a component of each land
409 management plan or land use plan and in a form and manner
410 adopted by rule of the board of trustees, each manager shall
411 evaluate and indicate to the board of trustees those lands that
412 are not being used for the purpose for which they were
413 originally leased. For conservation lands, the Acquisition and
414 Restoration Council shall review and recommend to the board of
415 trustees whether such lands should be retained in public
416 ownership or disposed of by the board of trustees. For
417 nonconservation lands, the Division of State Lands shall review
418 and recommend to the board of trustees whether such lands should
419 be retained in public ownership or disposed of by the board of
420 trustees.
421 (7)(a) The board of trustees must first offer
422 nonconservation surplus lands to the county and any municipality
423 in which the land is located for use for the construction of
424 affordable housing as identified by the Florida Housing Finance
425 Corporation pursuant to s. 420.56. All surplus buildings or land
426 not needed for affordable housing Before a building or parcel of
427 land is offered for lease or sale to a local or federal unit of
428 government or a private party, it shall first be offered for
429 lease to state agencies, state universities, and Florida College
430 System institutions, with priority consideration given to state
431 universities and Florida College System institutions. If the
432 surplus building or land is not used for the construction of
433 affordable housing or leased by a state agency, state
434 university, or Florida College System institution, the board of
435 trustees shall offer the building or parcel for lease or sale to
436 a local or federal unit of government or a private party.
437 (b) Within 60 days after the offer for lease of a surplus
438 building or parcel, a state university or Florida College System
439 institution that requests the lease must submit a plan for
440 review and approval by the Board of Trustees of the Internal
441 Improvement Trust Fund regarding the intended use, including
442 future use, of the building or parcel of land before approval of
443 a lease. Within 60 days after the offer for lease of a surplus
444 building or parcel, a state agency that requests the lease of
445 such facility or parcel must submit a plan for review and
446 approval by the board of trustees regarding the intended use.
447 The state agency plan must, at a minimum, include the proposed
448 use of the facility or parcel, the estimated cost of renovation,
449 a capital improvement plan for the building, evidence that the
450 building or parcel meets an existing need that cannot otherwise
451 be met, and other criteria developed by rule by the board of
452 trustees. The board or its designee shall compare the estimated
453 value of the building or parcel to any submitted business plan
454 to determine if the lease or sale is in the best interest of the
455 state. The board of trustees shall adopt rules pursuant to
456 chapter 120 for the implementation of this section.
457 Section 12. Subsection (3) is amended and subsection (12)
458 is added to section 337.25, Florida Statutes, to read:
459 337.25 Acquisition, lease, and disposal of real and
460 personal property.—
461 (3) Beginning July 1, 2018, the department shall evaluate
462 all of its land not within a transportation corridor or within
463 the right-of-way of a transportation facility at least every 10
464 years on a rotating basis to determine whether the property
465 should be retained. The inventory of real property that was
466 acquired by the state after December 31, 1988, that has been
467 owned by the state for 10 or more years, and that is not within
468 a transportation corridor or within the right-of-way of a
469 transportation facility shall be evaluated to determine the
470 necessity for retaining the property. If the property is not
471 needed for the construction, operation, and maintenance of a
472 transportation facility or is not located within a
473 transportation corridor, the department may dispose of the
474 property pursuant to subsection (4).
475 (12) Except in a conveyance transacted under paragraphs
476 (4)(a), (c), and (e), the department must first offer
477 nonconservation surplus lands to the county and any municipality
478 in which the lands are located for use as affordable housing as
479 identified by the Florida Housing Finance Corporation pursuant
480 to s. 420.56.
481 Section 13. Subsection (1) is amended and subsection (9) is
482 added to section 373.089, Florida Statutes, to read:
483 373.089 Sale or exchange of lands, or interests or rights
484 in lands.—The governing board of the district may sell lands, or
485 interests or rights in lands, to which the district has acquired
486 title or to which it may hereafter acquire title in the
487 following manner:
488 (1) Beginning on July 1, 2018, the district shall review
489 all lands and interests or rights in lands every 10 years on a
490 rotating basis to determine whether the lands are still needed
491 for the purpose for which they were acquired. Any lands, or
492 interests or rights in lands, determined by the governing board
493 to be surplus may be sold by the district, at any time, for the
494 highest price obtainable; however, in no case shall the selling
495 price be less than the appraised value of the lands, or
496 interests or rights in lands, as determined by a certified
497 appraisal obtained within 360 days before the effective date of
498 a contract for sale.
499 (9) The governing board must first offer nonconservation
500 surplus lands to the county and any municipality in which the
501 land is located for use for the construction of affordable
502 housing as identified by the Florida Housing Finance Corporation
503 pursuant to s. 420.56. Districts must only offer nonconservation
504 surplus lands originally acquired using state funds.
505
506 If the Board of Trustees of the Internal Improvement Trust Fund
507 declines to accept title to the lands offered under this
508 section, the land may be disposed of by the district under the
509 provisions of this section.
510 Section 14. This act shall take effect July 1, 2018.
