Florida Senate - 2019                              CS for SB 350
       
       
        
       By the Committee on Community Affairs; and Senators Hutson and
       Mayfield
       
       
       
       
       578-02717-19                                           2019350c1
    1                        A bill to be entitled                      
    2         An act relating to affordable housing; amending s.
    3         163.31801, F.S.; authorizing local governments to
    4         provide exceptions or waivers for impact fees for
    5         affordable housing developments; requiring that
    6         certain data relating to impact fees be included in
    7         the annual financial reports for specified entities;
    8         creating s. 420.0007, F.S.; providing a local permit
    9         approval process; amending s. 420.5087, F.S.; revising
   10         the criteria used by a review committee when
   11         evaluating and selecting specified applications for
   12         state apartment incentive loans; amending s. 420.5095,
   13         F.S.; creating the Community Workforce Housing Loan
   14         Program in the place of the Community Workforce
   15         Housing Innovation Pilot Program to provide workforce
   16         housing for essential services personnel affected by
   17         the high cost of housing; redefining the term
   18         “workforce housing”; deleting definitions; authorizing
   19         the Florida Housing Finance Corporation to provide
   20         loans under the program to applicants for construction
   21         of workforce housing; requiring the corporation to
   22         establish a certain loan application process;
   23         requiring projects to receive priority consideration
   24         under certain circumstances; requiring that the
   25         corporation award loans at a specified interest rate
   26         and for a limited term; amending s. 420.9071, F.S.;
   27         revising the definition of the term “local housing
   28         incentive strategies”; reenacting s. 193.018(2), F.S.,
   29         relating to land owned by a community land trust used
   30         to provide affordable housing, to incorporate the
   31         amendment made to s. 420.5095, F.S., in a reference
   32         thereto; providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsections (6) and (7) are added to section
   37  163.31801, Florida Statutes, to read:
   38         163.31801 Impact fees; short title; intent; definitions;
   39  ordinances levying impact fees.—
   40         (6) A county, municipality, or special district may provide
   41  an exception or waiver for an impact fee for the development or
   42  construction of housing that is affordable, as defined in s.
   43  420.9071. If a county, municipality, or special district
   44  provides such an exception or waiver, it is not required to use
   45  any revenues to offset the impact.
   46         (7)In addition to the items that must be reported in the
   47  annual financial reports under s. 218.32, counties,
   48  municipalities, and special districts must report all of the
   49  following data on all impact fees charged:
   50         (a)The specific purpose of the impact fee, including the
   51  specific infrastructure needs to be met, such as transportation,
   52  parks, water, sewer, and schools.
   53         (b)The impact fee schedule policy describing the method of
   54  calculating impact fees, such as flat fees, tiered scales based
   55  on number of bedrooms, or tiered scales based on square footage.
   56         (c)The amount assessed for each purpose and for each type
   57  of dwelling.
   58         (d)The total amount of impact fees charged by type of
   59  dwelling.
   60         (e)Each exception and each waiver provided for affordable
   61  housing developments.
   62         Section 2. Section 420.0007, Florida Statutes, is created
   63  to read:
   64         420.0007Local permit approval process for affordable
   65  housing.—
   66         (1)A local government has 15 days after the date it
   67  receives an application for a development permit, a construction
   68  permit, or a certificate of occupancy for affordable housing to
   69  examine the application and notify the applicant of any apparent
   70  errors or omissions and to request any additional information
   71  that the local government is authorized by law to require.
   72         (2)If a local government does not request additional
   73  information within the timeframe specified in subsection (1),
   74  the local government may not deny a development permit,
   75  construction permit, or certificate of occupancy for affordable
   76  housing if the applicant has failed to correct the error or the
   77  omission or to supply additional information.
   78         (3)The local government may require any additional
   79  requested information to be submitted not later than 10 days
   80  after the date of the notice specified in subsection (1).
   81         (4)For good cause shown, the local government shall grant
   82  a request for an extension of time for submitting the additional
   83  information.
   84         (5)An application is complete upon receipt of all
   85  requested information and upon the correction of any error or
   86  omission for which the applicant was timely notified or when the
   87  time for notification has expired.
   88         (6)The local government shall approve or deny an
   89  application for a development permit, a construction permit, or
   90  a certificate of occupancy for affordable housing within 60 days
   91  after receipt of a completed application unless a shorter period
   92  of time for action by local government is provided by law.
   93         (7)If the local government does not approve or deny an
   94  application for a development permit, a construction permit, or
   95  a certificate of occupancy for affordable housing within the 60
   96  day, or a shorter, time period, the permit is considered
   97  approved and the local government shall issue the development
   98  permit, the construction permit, or the certificate of
   99  occupancy, which may include reasonable conditions as authorized
  100  by law.
  101         (8)An applicant for a development permit, a construction
  102  permit, or a certificate of occupancy seeking to receive a
  103  permit by default under this section must notify the local
  104  government in writing of the intent to rely upon the default
  105  approval provision of this section but may not take any action
  106  based upon the default development permit, construction permit,
  107  or certificate of occupancy until the applicant receives
  108  notification or a receipt that the local government received the
  109  notice. The applicant must retain the notification or the
  110  receipt.
  111         Section 3. Paragraph (c) of subsection (6) of section
  112  420.5087, Florida Statutes, is amended to read:
  113         420.5087 State Apartment Incentive Loan Program.—There is
  114  hereby created the State Apartment Incentive Loan Program for
  115  the purpose of providing first, second, or other subordinated
  116  mortgage loans or loan guarantees to sponsors, including for
  117  profit, nonprofit, and public entities, to provide housing
  118  affordable to very-low-income persons.
  119         (6) On all state apartment incentive loans, except loans
  120  made to housing communities for the elderly to provide for
  121  lifesafety, building preservation, health, sanitation, or
  122  security-related repairs or improvements, the following
  123  provisions shall apply:
  124         (c) The corporation shall provide by rule for the
  125  establishment of a review committee for the competitive
  126  evaluation and selection of applications submitted in this
  127  program, including, but not limited to, the following criteria:
  128         1. Tenant income and demographic targeting objectives of
  129  the corporation.
  130         2. Targeting objectives of the corporation which will
  131  ensure an equitable distribution of loans between rural and
  132  urban areas.
  133         3. Sponsor’s agreement to reserve the units for persons or
  134  families who have incomes below 50 percent of the state or local
  135  median income, whichever is higher, for a time period that
  136  exceeds the minimum required by federal law or this part.
  137         4. Sponsor’s agreement to reserve more than:
  138         a. Twenty percent of the units in the project for persons
  139  or families who have incomes that do not exceed 50 percent of
  140  the state or local median income, whichever is higher; or
  141         b. Forty percent of the units in the project for persons or
  142  families who have incomes that do not exceed 60 percent of the
  143  state or local median income, whichever is higher, without
  144  requiring a greater amount of the loans as provided in this
  145  section.
  146         5. Provision for tenant counseling.
  147         6. Sponsor’s agreement to accept rental assistance
  148  certificates or vouchers as payment for rent.
  149         7. Projects requiring the least amount of a state apartment
  150  incentive loan compared to overall project cost, except that the
  151  share of the loan attributable to units serving extremely-low
  152  income persons must be excluded from this requirement.
  153         8. Local government contributions and local government
  154  comprehensive planning and activities that promote affordable
  155  housing and policies that promote access to public
  156  transportation, reduce the need for onsite parking, and expedite
  157  permits for affordable housing projects as provided in s.
  158  420.0007.
  159         9. Project feasibility.
  160         10. Economic viability of the project.
  161         11. Commitment of first mortgage financing.
  162         12. Sponsor’s prior experience.
  163         13. Sponsor’s ability to proceed with construction.
  164         14. Projects that directly implement or assist welfare-to
  165  work transitioning.
  166         15. Projects that reserve units for extremely-low-income
  167  persons.
  168         16. Projects that include green building principles, storm
  169  resistant construction, or other elements that reduce long-term
  170  costs relating to maintenance, utilities, or insurance.
  171         17. Job-creation rate of the developer and general
  172  contractor, as provided in s. 420.507(47).
  173         Section 4. Section 420.5095, Florida Statutes, is amended
  174  to read:
  175         420.5095 Community Workforce Housing Loan Innovation Pilot
  176  Program.—
  177         (1) The Legislature finds and declares that recent rapid
  178  increases in the median purchase price of a home and the cost of
  179  rental housing have far outstripped the increases in median
  180  income in the state, preventing essential services personnel
  181  from living in the communities where they serve and thereby
  182  creating the need for innovative solutions for the provision of
  183  housing opportunities for essential services personnel.
  184         (2) The Community Workforce Housing Loan Innovation Pilot
  185  Program is created to provide affordable rental and home
  186  ownership community workforce housing for essential services
  187  personnel affected by the high cost of housing, using regulatory
  188  incentives and state and local funds to promote local public
  189  private partnerships and leverage government and private
  190  resources.
  191         (3) For purposes of this section, the term:
  192         (a) “workforce housing” means housing affordable to natural
  193  persons or families whose total annual household income does not
  194  exceed 80 140 percent of the area median income, adjusted for
  195  household size, or 120 150 percent of area median income,
  196  adjusted for household size, in areas of critical state concern
  197  designated under s. 380.05, for which the Legislature has
  198  declared its intent to provide affordable housing, and areas
  199  that were designated as areas of critical state concern for at
  200  least 20 consecutive years prior to removal of the designation.
  201         (b) “Essential services personnel” means persons in need of
  202  affordable housing who are employed in occupations or
  203  professions in which they are considered essential services
  204  personnel, as defined by each county and eligible municipality
  205  within its respective local housing assistance plan pursuant to
  206  s. 420.9075(3)(a).
  207         (c) “Public-private partnership” means any form of business
  208  entity that includes substantial involvement of at least one
  209  county, one municipality, or one public sector entity, such as a
  210  school district or other unit of local government in which the
  211  project is to be located, and at least one private sector for
  212  profit or not-for-profit business or charitable entity, and may
  213  be any form of business entity, including a joint venture or
  214  contractual agreement.
  215         (4) The Florida Housing Finance Corporation is authorized
  216  to provide loans under the Community Workforce Housing
  217  Innovation Pilot program loans to applicants an applicant for
  218  construction or rehabilitation of workforce housing in eligible
  219  areas. This funding is intended to be used with other public and
  220  private sector resources.
  221         (5) The corporation shall establish a loan application
  222  process under s. 420.5087 by rule which includes selection
  223  criteria, an application review process, and a funding process.
  224  The corporation shall also establish an application review
  225  committee that may include up to three private citizens
  226  representing the areas of housing or real estate development,
  227  banking, community planning, or other areas related to the
  228  development or financing of workforce and affordable housing.
  229         (a) The selection criteria and application review process
  230  must include a procedure for curing errors in the loan
  231  applications which do not make a substantial change to the
  232  proposed project.
  233         (b) To achieve the goals of the pilot program, the
  234  application review committee may approve or reject loan
  235  applications or responses to questions raised during the review
  236  of an application due to the insufficiency of information
  237  provided.
  238         (c) The application review committee shall make
  239  recommendations concerning program participation and funding to
  240  the corporation’s board of directors.
  241         (d) The board of directors shall approve or reject loan
  242  applications, determine the tentative loan amount available to
  243  each applicant, and rank all approved applications.
  244         (e) The board of directors shall decide which approved
  245  applicants will become program participants and determine the
  246  maximum loan amount for each program participant.
  247         (6) The corporation shall provide incentives for local
  248  governments in eligible areas to use local affordable housing
  249  funds, such as those from the State Housing Initiatives
  250  Partnership Program, to assist in meeting the affordable housing
  251  needs of persons eligible under this program. Local governments
  252  are authorized to use State Housing Initiative Partnership
  253  Program funds for persons or families whose total annual
  254  household income does not exceed:
  255         (a) One hundred and forty percent of the area median
  256  income, adjusted for household size; or
  257         (b) One hundred and fifty percent of the area median
  258  income, adjusted for household size, in areas that were
  259  designated as areas of critical state concern for at least 20
  260  consecutive years prior to the removal of the designation and in
  261  areas of critical state concern, designated under s. 380.05, for
  262  which the Legislature has declared its intent to provide
  263  affordable housing.
  264         (7) Funding shall be targeted to innovative projects in
  265  areas where the disparity between the area median income and the
  266  median sales price for a single-family home is greatest, and
  267  where population growth as a percentage rate of increase is
  268  greatest. The corporation may also fund projects in areas where
  269  innovative regulatory and financial incentives are made
  270  available. The corporation shall fund at least one eligible
  271  project in as many counties and regions of the state as is
  272  practicable, consistent with program goals.
  273         (6)(8) Projects must be given shall receive priority
  274  consideration for funding if where:
  275         (a) The local jurisdiction has adopted, or is committed to
  276  adopting, appropriate regulatory incentives, or the local
  277  jurisdiction or public-private partnership has adopted or is
  278  committed to adopting local contributions or financial
  279  strategies, or other funding sources to promote the development
  280  and ongoing financial viability of such projects. Local
  281  incentives include such actions as expediting review of
  282  development orders and permits, supporting development near
  283  transportation hubs and major employment centers, and adopting
  284  land development regulations designed to allow flexibility in
  285  densities, use of accessory units, mixed-use developments, and
  286  flexible lot configurations. Financial strategies include such
  287  actions as promoting employer-assisted housing programs,
  288  providing tax increment financing, and providing land.
  289         (b) Projects are innovative and include new construction or
  290  rehabilitation; mixed-income housing; commercial and housing
  291  mixed-use elements; innovative design; green building
  292  principles; storm-resistant construction; or other elements that
  293  reduce long-term costs relating to maintenance, utilities, or
  294  insurance and promote homeownership. The program funding may not
  295  exceed the costs attributable to the portion of the project that
  296  is set aside to provide housing for the targeted population.
  297         (b)(c)The projects that set aside not more than 50 at
  298  least 80 percent of units for workforce housing and at least 50
  299  percent for essential services personnel and for projects that
  300  require the least amount of program funding compared to the
  301  overall housing costs for the project.
  302         (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
  303  government comprehensive plan amendment to implement a Community
  304  Workforce Housing Innovation Pilot Program project found
  305  consistent with this section shall be expedited as provided in
  306  this subsection. At least 30 days prior to adopting a plan
  307  amendment under this subsection, the local government shall
  308  notify the state land planning agency of its intent to adopt
  309  such an amendment, and the notice shall include its evaluation
  310  related to site suitability and availability of facilities and
  311  services. The public notice of the hearing required by s.
  312  163.3184(11)(b)2. shall include a statement that the local
  313  government intends to use the expedited adoption process
  314  authorized by this subsection. Such amendments shall require
  315  only a single public hearing before the governing board, which
  316  shall be an adoption hearing as described in s. 163.3184(4)(e).
  317  Any further proceedings shall be governed by s. 163.3184(5)
  318  (13).
  319         (10) The processing of approvals of development orders or
  320  development permits, as defined in s. 163.3164, for innovative
  321  community workforce housing projects shall be expedited.
  322         (7)(11) The corporation shall award loans with a interest
  323  rates set at 1 to 3 percent interest rate for a term that does
  324  not exceed 15 years, which may be made forgivable when long-term
  325  affordability is provided and when at least 80 percent of the
  326  units are set aside for workforce housing and at least 50
  327  percent of the units are set aside for essential services
  328  personnel.
  329         (12) All eligible applications shall:
  330         (a) For home ownership, limit the sales price of a detached
  331  unit, townhome, or condominium unit to not more than 90 percent
  332  of the median sales price for that type of unit in that county,
  333  or the statewide median sales price for that type of unit,
  334  whichever is higher, and require that all eligible purchasers of
  335  home ownership units occupy the homes as their primary
  336  residence.
  337         (b) For rental units, restrict rents for all workforce
  338  housing serving those with incomes at or below 120 percent of
  339  area median income at the appropriate income level using the
  340  restricted rents for the federal low-income housing tax credit
  341  program and, for workforce housing units serving those with
  342  incomes above 120 percent of area median income, restrict rents
  343  to those established by the corporation, not to exceed 30
  344  percent of the maximum household income adjusted to unit size.
  345         (c) Demonstrate that the applicant is a public-private
  346  partnership in an agreement, contract, partnership agreement,
  347  memorandum of understanding, or other written instrument signed
  348  by all the project partners.
  349         (d) Have grants, donations of land, or contributions from
  350  the public-private partnership or other sources collectively
  351  totaling at least 10 percent of the total development cost or $2
  352  million, whichever is less. Such grants, donations of land, or
  353  contributions must be evidenced by a letter of commitment,
  354  agreement, contract, deed, memorandum of understanding, or other
  355  written instrument at the time of application. Grants, donations
  356  of land, or contributions in excess of 10 percent of the
  357  development cost shall increase the application score.
  358         (e) Demonstrate how the applicant will use the regulatory
  359  incentives and financial strategies outlined in subsection (8)
  360  from the local jurisdiction in which the proposed project is to
  361  be located. The corporation may consult with the Department of
  362  Economic Opportunity in evaluating the use of regulatory
  363  incentives by applicants.
  364         (f) Demonstrate that the applicant possesses title to or
  365  site control of land and evidences availability of required
  366  infrastructure.
  367         (g) Demonstrate the applicant’s affordable housing
  368  development and management experience.
  369         (h) Provide any research or facts available supporting the
  370  demand and need for rental or home ownership workforce housing
  371  for eligible persons in the market in which the project is
  372  proposed.
  373         (13) Projects may include manufactured housing constructed
  374  after June 1994 and installed in accordance with mobile home
  375  installation standards of the Department of Highway Safety and
  376  Motor Vehicles.
  377         (8)(14) The corporation may adopt rules pursuant to ss.
  378  120.536(1) and 120.54 to implement this section.
  379         (15) The corporation may use a maximum of 2 percent of the
  380  annual program appropriation for administration and compliance
  381  monitoring.
  382         (16) The corporation shall review the success of the
  383  Community Workforce Housing Innovation Pilot Program to
  384  ascertain whether the projects financed by the program are
  385  useful in meeting the housing needs of eligible areas and shall
  386  include its findings in the annual report required under s.
  387  420.511(3).
  388         Section 5. Subsection (16) of section 420.9071, Florida
  389  Statutes, is amended to read:
  390         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  391  term:
  392         (16) “Local housing incentive strategies” means local
  393  regulatory reform or incentive programs to encourage or
  394  facilitate affordable housing production, which include at a
  395  minimum, expediting development permits, as defined in s.
  396  163.3164, for affordable housing projects as provided in s.
  397  420.0007 assurance that permits for affordable housing projects
  398  are expedited to a greater degree than other projects, as
  399  provided in s. 163.3177(6)(f)3.; an ongoing process for review
  400  of local policies, ordinances, regulations, and plan provisions
  401  that increase the cost of housing prior to their adoption; and a
  402  schedule for implementing the incentive strategies. Local
  403  housing incentive strategies may also include other regulatory
  404  reforms, such as those enumerated in s. 420.9076 or those
  405  recommended by the affordable housing advisory committee in its
  406  triennial evaluation of the implementation of affordable housing
  407  incentives, and adopted by the local governing body.
  408         Section 6. For the purpose of incorporating the amendment
  409  made by this act to section 420.5095, Florida Statutes, in a
  410  reference thereto, subsection (2) of section 193.018, Florida
  411  Statutes, is reenacted to read:
  412         193.018 Land owned by a community land trust used to
  413  provide affordable housing; assessment; structural improvements,
  414  condominium parcels, and cooperative parcels.—
  415         (2) A community land trust may convey structural
  416  improvements, condominium parcels, or cooperative parcels, that
  417  are located on specific parcels of land that are identified by a
  418  legal description contained in and subject to a ground lease
  419  having a term of at least 99 years, for the purpose of providing
  420  affordable housing to natural persons or families who meet the
  421  extremely-low-income, very-low-income, low-income, or moderate
  422  income limits specified in s. 420.0004, or the income limits for
  423  workforce housing, as defined in s. 420.5095(3). A community
  424  land trust shall retain a preemptive option to purchase any
  425  structural improvements, condominium parcels, or cooperative
  426  parcels on the land at a price determined by a formula specified
  427  in the ground lease which is designed to ensure that the
  428  structural improvements, condominium parcels, or cooperative
  429  parcels remain affordable.
  430         Section 7. This act shall take effect July 1, 2019.