Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1339, 2nd Eng.
       
       
       
       
       
       
                             Ì573190"Î573190                       
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AE/2R         .            Floor: C            
             03/10/2020 07:49 PM       .      03/13/2020 11:12 AM       
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       Senator Hutson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 125.01055, Florida Statutes, is amended
    6  to read:
    7         125.01055 Affordable housing.—
    8         (1) Notwithstanding any other provision of law, a county
    9  may adopt and maintain in effect any law, ordinance, rule, or
   10  other measure that is adopted for the purpose of increasing the
   11  supply of affordable housing using land use mechanisms such as
   12  inclusionary housing or linkage fee ordinances.
   13         (2) An inclusionary housing ordinance may require a
   14  developer to provide a specified number or percentage of
   15  affordable housing units to be included in a development or
   16  allow a developer to contribute to a housing fund or other
   17  alternatives in lieu of building the affordable housing units.
   18         (3) An affordable housing linkage fee ordinance may require
   19  the payment of a flat or percentage-based fee, whether
   20  calculated on the basis of the number of approved dwelling
   21  units, the amount of approved square footage, or otherwise.
   22         (4)However, In exchange for a developer fulfilling the
   23  requirements of subsection (2) or, for residential or mixed-use
   24  residential development, the requirements of subsection (3), a
   25  county must provide incentives to fully offset all costs to the
   26  developer of its affordable housing contribution or linkage fee.
   27  Such incentives may include, but are not limited to:
   28         (a) Allowing the developer density or intensity bonus
   29  incentives or more floor space than allowed under the current or
   30  proposed future land use designation or zoning;
   31         (b) Reducing or waiving fees, such as impact fees or water
   32  and sewer charges; or
   33         (c) Granting other incentives.
   34         (5)(3) Subsection (2) does not apply in an area of critical
   35  state concern, as designated in s. 380.0552.
   36         (6) Notwithstanding any other law or local ordinance or
   37  regulation to the contrary, the board of county commissioners
   38  may approve the development of housing that is affordable, as
   39  defined in s. 420.0004, on any parcel zoned for residential,
   40  commercial, or industrial use.
   41         Section 2. Paragraph (d) of subsection (3) of section
   42  129.03, Florida Statutes, is amended to read:
   43         129.03 Preparation and adoption of budget.—
   44         (3) The county budget officer, after tentatively
   45  ascertaining the proposed fiscal policies of the board for the
   46  next fiscal year, shall prepare and present to the board a
   47  tentative budget for the next fiscal year for each of the funds
   48  provided in this chapter, including all estimated receipts,
   49  taxes to be levied, and balances expected to be brought forward
   50  and all estimated expenditures, reserves, and balances to be
   51  carried over at the end of the year.
   52         (d) By October 15, 2019, and each October 15 annually
   53  thereafter, the county budget officer shall electronically
   54  submit the following information regarding the final budget and
   55  the county’s economic status to the Office of Economic and
   56  Demographic Research in the format specified by the office:
   57         1. Government spending per resident, including, at a
   58  minimum, the spending per resident for the previous 5 fiscal
   59  years.
   60         2. Government debt per resident, including, at a minimum,
   61  the debt per resident for the previous 5 fiscal years.
   62         3. Median income within the county.
   63         4. The average county employee salary.
   64         5. Percent of budget spent on salaries and benefits for
   65  county employees.
   66         6. Number of special taxing districts, wholly or partially,
   67  within the county.
   68         7. Annual county expenditures providing for the financing,
   69  acquisition, construction, reconstruction, or rehabilitation of
   70  housing that is affordable, as that term is defined in s.
   71  420.0004. The reported expenditures must indicate the source of
   72  such funds as “federal,” “state,” “local,” or “other,” as
   73  applicable. The information required by this subparagraph must
   74  be included in the submission due by October 15, 2020, and each
   75  annual submission thereafter.
   76         Section 3. Paragraph (d) of subsection (7) of section
   77  163.01, Florida Statutes, is amended to read:
   78         163.01 Florida Interlocal Cooperation Act of 1969.—
   79         (7)
   80         (d) Notwithstanding the provisions of paragraph (c), any
   81  separate legal entity created pursuant to this section and
   82  controlled by the municipalities or counties of this state or by
   83  one or more municipality and one or more county of this state,
   84  the membership of which consists or is to consist of
   85  municipalities only, counties only, or one or more municipality
   86  and one or more county, may, for the purpose of financing or
   87  refinancing any capital projects, exercise all powers in
   88  connection with the authorization, issuance, and sale of bonds.
   89  Notwithstanding any limitations provided in this section, all of
   90  the privileges, benefits, powers, and terms of part I of chapter
   91  125, part II of chapter 166, and part I of chapter 159 are shall
   92  be fully applicable to such entity. Bonds issued by such entity
   93  are shall be deemed issued on behalf of the counties, or
   94  municipalities, or private entities which enter into loan
   95  agreements with such entity as provided in this paragraph. Any
   96  loan agreement executed pursuant to a program of such entity is
   97  shall be governed by the provisions of part I of chapter 159 or,
   98  in the case of counties, part I of chapter 125, or in the case
   99  of municipalities and charter counties, part II of chapter 166.
  100  Proceeds of bonds issued by such entity may be loaned to
  101  counties or municipalities of this state or a combination of
  102  municipalities and counties, whether or not such counties or
  103  municipalities are also members of the entity issuing the bonds,
  104  or to private entities for projects that are “self-liquidating,”
  105  as provided in s. 159.02, whether or not such private entities
  106  are located within the jurisdictional boundaries of a county or
  107  municipality that is a member of the entity issuing the bonds.
  108  The issuance of bonds by such entity to fund a loan program to
  109  make loans to municipalities, or counties, or private entities
  110  or a combination of municipalities, and counties, and private
  111  entities with one another for capital projects to be identified
  112  subsequent to the issuance of the bonds to fund such loan
  113  programs is deemed to be a paramount public purpose. Any entity
  114  so created may also issue bond anticipation notes, as provided
  115  by s. 215.431, in connection with the authorization, issuance,
  116  and sale of such bonds. In addition, the governing body of such
  117  legal entity may also authorize bonds to be issued and sold from
  118  time to time and may delegate, to such officer, official, or
  119  agent of such legal entity as the governing body of such legal
  120  entity may select, the power to determine the time; manner of
  121  sale, public or private; maturities; rate or rates of interest,
  122  which may be fixed or may vary at such time or times and in
  123  accordance with a specified formula or method of determination;
  124  and other terms and conditions as may be deemed appropriate by
  125  the officer, official, or agent so designated by the governing
  126  body of such legal entity. However, the amounts and maturities
  127  of such bonds and the interest rate or rates of such bonds shall
  128  be within the limits prescribed by the governing body of such
  129  legal entity and its resolution delegating to such officer,
  130  official, or agent the power to authorize the issuance and sale
  131  of such bonds. A local government self-insurance fund
  132  established under this section may financially guarantee bonds
  133  or bond anticipation notes issued or loans made under this
  134  subsection. Bonds issued pursuant to this paragraph may be
  135  validated as provided in chapter 75. The complaint in any action
  136  to validate such bonds shall be filed only in the Circuit Court
  137  for Leon County. The notice required to be published by s. 75.06
  138  shall be published only in Leon County, and the complaint and
  139  order of the circuit court shall be served only on the State
  140  Attorney of the Second Judicial Circuit and on the state
  141  attorney of each circuit in each county where the public
  142  agencies which were initially a party to the agreement are
  143  located. Notice of such proceedings shall be published in the
  144  manner and the time required by s. 75.06 in Leon County and in
  145  each county where the public agencies which were initially a
  146  party to the agreement are located. Obligations of any county or
  147  municipality pursuant to a loan agreement as described in this
  148  paragraph may be validated as provided in chapter 75.
  149         Section 4. Subsections (3) and (4) of section 163.31771,
  150  Florida Statutes, are amended to read:
  151         163.31771 Accessory dwelling units.—
  152         (3) A Upon a finding by a local government that there is a
  153  shortage of affordable rentals within its jurisdiction, the
  154  local government may adopt an ordinance to allow accessory
  155  dwelling units in any area zoned for single-family residential
  156  use.
  157         (4) If the local government adopts an ordinance under this
  158  section, An application for a building permit to construct an
  159  accessory dwelling unit must include an affidavit from the
  160  applicant which attests that the unit will be rented at an
  161  affordable rate to an extremely-low-income, very-low-income,
  162  low-income, or moderate-income person or persons.
  163         Section 5. Subsection (10) is added to section 163.31801,
  164  Florida Statutes, to read:
  165         163.31801 Impact fees; short title; intent; minimum
  166  requirements; audits; challenges.—
  167         (10) In addition to the items that must be reported in the
  168  annual financial reports under s. 218.32, a county,
  169  municipality, or special district must report all of the
  170  following data on all impact fees charged:
  171         (a) The specific purpose of the impact fee, including the
  172  specific infrastructure needs to be met, including, but not
  173  limited to, transportation, parks, water, sewer, and schools.
  174         (b) The impact fee schedule policy describing the method of
  175  calculating impact fees, such as flat fees, tiered scales based
  176  on number of bedrooms, or tiered scales based on square footage.
  177         (c) The amount assessed for each purpose and for each type
  178  of dwelling.
  179         (d) The total amount of impact fees charged by type of
  180  dwelling.
  181         (e) Each exception and waiver provided for construction or
  182  development of housing that is affordable.
  183         Section 6. Section 166.04151, Florida Statutes, is amended
  184  to read:
  185         166.04151 Affordable housing.—
  186         (1) Notwithstanding any other provision of law, a
  187  municipality may adopt and maintain in effect any law,
  188  ordinance, rule, or other measure that is adopted for the
  189  purpose of increasing the supply of affordable housing using
  190  land use mechanisms such as inclusionary housing or linkage fee
  191  ordinances.
  192         (2) An inclusionary housing ordinance may require a
  193  developer to provide a specified number or percentage of
  194  affordable housing units to be included in a development or
  195  allow a developer to contribute to a housing fund or other
  196  alternatives in lieu of building the affordable housing units.
  197         (3) An affordable housing linkage fee ordinance may require
  198  the payment of a flat or percentage-based fee, whether
  199  calculated on the basis of the number of approved dwelling
  200  units, the amount of approved square footage, or otherwise.
  201         (4)However, In exchange for a developer fulfilling the
  202  requirements of subsection (2) or, for residential or mixed-use
  203  residential development, the requirements of subsection (3), a
  204  municipality must provide incentives to fully offset all costs
  205  to the developer of its affordable housing contribution or
  206  linkage fee. Such incentives may include, but are not limited
  207  to:
  208         (a) Allowing the developer density or intensity bonus
  209  incentives or more floor space than allowed under the current or
  210  proposed future land use designation or zoning;
  211         (b) Reducing or waiving fees, such as impact fees or water
  212  and sewer charges; or
  213         (c) Granting other incentives.
  214         (5)(3) Subsection (2) does not apply in an area of critical
  215  state concern, as designated by s. 380.0552 or chapter 28-36,
  216  Florida Administrative Code.
  217         (6) Notwithstanding any other law or local ordinance or
  218  regulation to the contrary, the governing body of a municipality
  219  may approve the development of housing that is affordable, as
  220  defined in s. 420.0004, on any parcel zoned for residential,
  221  commercial, or industrial use.
  222         Section 7. Subsection (4) of section 166.241, Florida
  223  Statutes, is amended to read:
  224         166.241 Fiscal years, budgets, and budget amendments.—
  225         (4) By Beginning October 15, 2019, and each October 15
  226  thereafter, the municipal budget officer shall electronically
  227  submit the following information regarding the final budget and
  228  the municipality’s economic status to the Office of Economic and
  229  Demographic Research in the format specified by the office:
  230         (a) Government spending per resident, including, at a
  231  minimum, the spending per resident for the previous 5 fiscal
  232  years.
  233         (b) Government debt per resident, including, at a minimum,
  234  the debt per resident for the previous 5 fiscal years.
  235         (c) Average municipal employee salary.
  236         (d) Median income within the municipality.
  237         (e) Number of special taxing districts wholly or partially
  238  within the municipality.
  239         (f) Percent of budget spent on salaries and benefits for
  240  municipal employees.
  241         (g) Annual municipal expenditures providing for the
  242  financing, acquisition, construction, reconstruction, or
  243  rehabilitation of housing that is affordable, as that term is
  244  defined in s. 420.0004. The reported expenditures must indicate
  245  the source of such funds as “federal,” “state,” “local,” or
  246  “other,” as applicable. This information must be included in the
  247  submission due by October 15, 2020, and each annual submission
  248  thereafter.
  249         Section 8. Paragraph (h) of subsection (3) of section
  250  320.77, Florida Statutes, is amended to read:
  251         320.77 License required of mobile home dealers.—
  252         (3) APPLICATION.—The application for such license shall be
  253  in the form prescribed by the department and subject to such
  254  rules as may be prescribed by it. The application shall be
  255  verified by oath or affirmation and shall contain:
  256         (h) Certification by the applicant:
  257         1. That the location is a permanent one, not a tent or a
  258  temporary stand or other temporary quarters.; and,
  259         2. Except in the case of a mobile home broker, that the
  260  location affords sufficient unoccupied space to display store
  261  all mobile homes offered and displayed for sale. A space to
  262  display a manufactured home as a model home is sufficient to
  263  satisfy this requirement.; and that The location must be is a
  264  suitable place in which the applicant can in good faith carry on
  265  business and keep and maintain books, records, and files
  266  necessary to conduct such business, which must will be available
  267  at all reasonable hours to inspection by the department or any
  268  of its inspectors or other employees.
  269  
  270  This paragraph does subsection shall not preclude a licensed
  271  mobile home dealer from displaying and offering for sale mobile
  272  homes in a mobile home park.
  273  
  274  The department shall, if it deems necessary, cause an
  275  investigation to be made to ascertain if the facts set forth in
  276  the application are true and shall not issue a license to the
  277  applicant until it is satisfied that the facts set forth in the
  278  application are true.
  279         Section 9. Paragraph (j) of subsection (3) of section
  280  320.771, Florida Statutes, is amended to read:
  281         320.771 License required of recreational vehicle dealers.—
  282         (3) APPLICATION.—The application for such license shall be
  283  in the form prescribed by the department and subject to such
  284  rules as may be prescribed by it. The application shall be
  285  verified by oath or affirmation and shall contain:
  286         (j) A statement that the applicant is insured under a
  287  garage liability insurance policy, which shall include, at a
  288  minimum, $25,000 combined single-limit liability coverage,
  289  including bodily injury and property damage protection, and
  290  $10,000 personal injury protection, if the applicant is to be
  291  licensed as a dealer in, or intends to sell, recreational
  292  vehicles. However, a garage liability policy is not required for
  293  the licensure of a mobile home dealer who sells only park
  294  trailers.
  295  
  296  The department shall, if it deems necessary, cause an
  297  investigation to be made to ascertain if the facts set forth in
  298  the application are true and shall not issue a license to the
  299  applicant until it is satisfied that the facts set forth in the
  300  application are true.
  301         Section 10. Subsection (2) of section 320.822, Florida
  302  Statutes, is amended to read:
  303         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
  304  320.822-320.862, unless the context otherwise requires, the
  305  following words or phrases have the following meanings:
  306         (2) “Code” means the appropriate standards found in:
  307         (a) The Federal Manufactured Housing Construction and
  308  Safety Standards for single-family mobile homes, promulgated by
  309  the Department of Housing and Urban Development;
  310         (b) The Uniform Standards Code approved by the American
  311  National Standards Institute, ANSI A-119.2 for recreational
  312  vehicles and ANSI A-119.5 for park trailers or the United States
  313  Department of Housing and Urban Development standard for park
  314  trailers certified as meeting that standard; or
  315         (c) The Mobile and Manufactured Home Repair and Remodeling
  316  Code and the Used Recreational Vehicle Code.
  317         Section 11. Subsection (2) of section 320.8232, Florida
  318  Statutes, is amended to read:
  319         320.8232 Establishment of uniform standards for used
  320  recreational vehicles and repair and remodeling code for mobile
  321  homes.—
  322         (2) The Mobile and Manufactured Home provisions of the
  323  Repair and Remodeling Code must be a uniform code, must shall
  324  ensure safe and livable housing, and may shall not be more
  325  stringent than those standards required to be met in the
  326  manufacture of mobile homes. Such code must provisions shall
  327  include, but not be limited to, standards for structural
  328  adequacy, plumbing, heating, electrical systems, and fire and
  329  life safety. All repairs and remodeling of mobile and
  330  manufactured homes must be performed in accordance with
  331  department rules.
  332         Section 12. Subsection (9) of section 367.022, Florida
  333  Statutes, is amended, and subsection (14) is added to that
  334  section, to read:
  335         367.022 Exemptions.—The following are not subject to
  336  regulation by the commission as a utility nor are they subject
  337  to the provisions of this chapter, except as expressly provided:
  338         (9) Any person who resells water service to his or her
  339  tenants or to individually metered residents for a fee that does
  340  not exceed the actual purchase price of the water and wastewater
  341  service plus the actual cost of meter reading and billing, not
  342  to exceed 9 percent of the actual cost of service.
  343         (14) The owner of a mobile home park operating both as a
  344  mobile home park and a mobile home subdivision, as those terms
  345  are defined in s. 723.003, who provides service within the park
  346  and subdivision to a combination of both tenants and lot owners,
  347  provided that the service to tenants is without specific
  348  compensation.
  349         Section 13. Section 420.518, Florida Statutes, is created
  350  to read:
  351         420.518 Fraudulent or material misrepresentation.—
  352         (1) An applicant or affiliate of an applicant may be
  353  precluded from participation in any corporation program if the
  354  applicant or affiliate of the applicant has:
  355         (a) Made a material misrepresentation or engaged in
  356  fraudulent actions in connection with any corporation program.
  357         (b) Been convicted or found guilty of, or entered a plea of
  358  guilty or nolo contendere to, regardless of adjudication, a
  359  crime in any jurisdiction which directly relates to the
  360  financing, construction, or management of affordable housing or
  361  the fraudulent procurement of state or federal funds. The record
  362  of a conviction certified or authenticated in such form as to be
  363  admissible in evidence under the laws of the state shall be
  364  admissible as prima facie evidence of such guilt.
  365         (c) Been excluded from any federal funding program related
  366  to the provision of housing.
  367         (d) Been excluded from any Florida procurement programs.
  368         (e) Offered or given consideration, other than the
  369  consideration to provide affordable housing, with respect to a
  370  local contribution.
  371         (f) Demonstrated a pattern of noncompliance and a failure
  372  to correct any such noncompliance after notice from the
  373  corporation in the construction, operation, or management of one
  374  or more developments funded through a corporation program.
  375         (2) Upon a determination by the board of directors of the
  376  corporation that an applicant or affiliate of the applicant be
  377  precluded from participation in any corporation program, the
  378  board may issue an order taking any or all of the following
  379  actions:
  380         (a) Preclude such applicant or affiliate from applying for
  381  funding from any corporation program for a specified period. The
  382  period may be a specified period of time or permanent in nature.
  383  With regard to establishing the duration, the board shall
  384  consider the facts and circumstances, inclusive of the
  385  compliance history of the applicant or affiliate of the
  386  applicant, the type of action under subsection (1), and the
  387  degree of harm to the corporation’s programs that has been or
  388  may be done.
  389         (b) Revoke any funding previously awarded by the
  390  corporation for any development for which construction or
  391  rehabilitation has not commenced.
  392         (3) Before any order issued under this section can be
  393  final, an administrative complaint must be served on the
  394  applicant, affiliate of the applicant, or its registered agent
  395  that provides notification of findings of the board, the
  396  intended action, and the opportunity to request a proceeding
  397  pursuant to ss. 120.569 and 120.57.
  398         (4) Any funding, allocation of federal housing credits,
  399  credit underwriting procedures, or application review for any
  400  development for which construction or rehabilitation has not
  401  commenced may be suspended by the corporation upon the service
  402  of an administrative complaint on the applicant, affiliate of
  403  the applicant, or its registered agent. The suspension shall be
  404  effective from the date the administrative complaint is served
  405  until an order issued by the corporation in regard to that
  406  complaint becomes final.
  407         Section 14. Paragraph (c) of subsection (6) of section
  408  420.5087, Florida Statutes, is amended, and subsection (10) is
  409  added to that section, to read:
  410         420.5087 State Apartment Incentive Loan Program.—There is
  411  hereby created the State Apartment Incentive Loan Program for
  412  the purpose of providing first, second, or other subordinated
  413  mortgage loans or loan guarantees to sponsors, including for
  414  profit, nonprofit, and public entities, to provide housing
  415  affordable to very-low-income persons.
  416         (6) On all state apartment incentive loans, except loans
  417  made to housing communities for the elderly to provide for
  418  lifesafety, building preservation, health, sanitation, or
  419  security-related repairs or improvements, the following
  420  provisions shall apply:
  421         (c) The corporation shall provide by rule for the
  422  establishment of a review committee for the competitive
  423  evaluation and selection of applications submitted in this
  424  program, including, but not limited to, the following criteria:
  425         1. Tenant income and demographic targeting objectives of
  426  the corporation.
  427         2. Targeting objectives of the corporation which will
  428  ensure an equitable distribution of loans between rural and
  429  urban areas.
  430         3. Sponsor’s agreement to reserve the units for persons or
  431  families who have incomes below 50 percent of the state or local
  432  median income, whichever is higher, for a time period that
  433  exceeds the minimum required by federal law or this part.
  434         4. Sponsor’s agreement to reserve more than:
  435         a. Twenty percent of the units in the project for persons
  436  or families who have incomes that do not exceed 50 percent of
  437  the state or local median income, whichever is higher; or
  438         b. Forty percent of the units in the project for persons or
  439  families who have incomes that do not exceed 60 percent of the
  440  state or local median income, whichever is higher, without
  441  requiring a greater amount of the loans as provided in this
  442  section.
  443         5. Provision for tenant counseling.
  444         6. Sponsor’s agreement to accept rental assistance
  445  certificates or vouchers as payment for rent.
  446         7. Projects requiring the least amount of a state apartment
  447  incentive loan compared to overall project cost, except that the
  448  share of the loan attributable to units serving extremely-low
  449  income persons must be excluded from this requirement.
  450         8. Local government contributions and local government
  451  comprehensive planning and activities that promote affordable
  452  housing and policies that promote access to public
  453  transportation, reduce the need for onsite parking, and expedite
  454  permits for affordable housing projects.
  455         9. Project feasibility.
  456         10. Economic viability of the project.
  457         11. Commitment of first mortgage financing.
  458         12. Sponsor’s prior experience. This criterion may not
  459  require a sponsor to have prior experience with the corporation
  460  to qualify for financing under the program.
  461         13. Sponsor’s ability to proceed with construction.
  462         14. Projects that directly implement or assist welfare-to
  463  work transitioning.
  464         15. Projects that reserve units for extremely-low-income
  465  persons.
  466         16. Projects that include green building principles, storm
  467  resistant construction, or other elements that reduce long-term
  468  costs relating to maintenance, utilities, or insurance.
  469         17. Job-creation rate of the developer and general
  470  contractor, as provided in s. 420.507(47).
  471         (10) The corporation may prioritize a portion of the
  472  program funds set aside under paragraph (3)(d) for persons with
  473  special needs as defined in s. 420.0004(13) to provide funding
  474  for the development of newly constructed permanent rental
  475  housing on a campus that provides housing for persons in foster
  476  care or persons aging out of foster care pursuant to s.
  477  409.1451. Such housing shall promote and facilitate access to
  478  community-based supportive, educational, and employment services
  479  and resources that assist persons aging out of foster care to
  480  successfully transition to independent living and adulthood. The
  481  corporation must consult with the Department of Children and
  482  Families to create minimum criteria for such housing.
  483         Section 15. Section 420.5095, Florida Statutes, is amended
  484  to read:
  485         420.5095 Community Workforce Housing Loan Innovation Pilot
  486  Program.—
  487         (1) The Legislature finds and declares that recent rapid
  488  increases in the median purchase price of a home and the cost of
  489  rental housing have far outstripped the increases in median
  490  income in the state, preventing essential services personnel
  491  from living in the communities where they serve and thereby
  492  creating the need for innovative solutions for the provision of
  493  housing opportunities for essential services personnel.
  494         (2) The Community Workforce Housing Loan Innovation Pilot
  495  Program is created to provide affordable rental and home
  496  ownership community workforce housing for persons essential
  497  services personnel affected by the high cost of housing, using
  498  regulatory incentives and state and local funds to promote local
  499  public-private partnerships and leverage government and private
  500  resources.
  501         (3) For purposes of this section, the term:
  502         (a) “workforce housing” means housing affordable to natural
  503  persons or families whose total annual household income does not
  504  exceed 80 140 percent of the area median income, adjusted for
  505  household size, or 120 150 percent of area median income,
  506  adjusted for household size, in areas of critical state concern
  507  designated under s. 380.05, for which the Legislature has
  508  declared its intent to provide affordable housing, and areas
  509  that were designated as areas of critical state concern for at
  510  least 20 consecutive years before prior to removal of the
  511  designation.
  512         (b) “Public-private partnership” means any form of business
  513  entity that includes substantial involvement of at least one
  514  county, one municipality, or one public sector entity, such as a
  515  school district or other unit of local government in which the
  516  project is to be located, and at least one private sector for
  517  profit or not-for-profit business or charitable entity, and may
  518  be any form of business entity, including a joint venture or
  519  contractual agreement.
  520         (4) The Florida Housing Finance Corporation is authorized
  521  to provide loans under the Community Workforce Housing
  522  Innovation Pilot program loans to applicants an applicant for
  523  construction or rehabilitation of workforce housing in eligible
  524  areas. This funding is intended to be used with other public and
  525  private sector resources.
  526         (5) The corporation shall establish a loan application
  527  process under s. 420.5087 by rule which includes selection
  528  criteria, an application review process, and a funding process.
  529  The corporation shall also establish an application review
  530  committee that may include up to three private citizens
  531  representing the areas of housing or real estate development,
  532  banking, community planning, or other areas related to the
  533  development or financing of workforce and affordable housing.
  534         (a) The selection criteria and application review process
  535  must include a procedure for curing errors in the loan
  536  applications which do not make a substantial change to the
  537  proposed project.
  538         (b) To achieve the goals of the pilot program, the
  539  application review committee may approve or reject loan
  540  applications or responses to questions raised during the review
  541  of an application due to the insufficiency of information
  542  provided.
  543         (c) The application review committee shall make
  544  recommendations concerning program participation and funding to
  545  the corporation’s board of directors.
  546         (d) The board of directors shall approve or reject loan
  547  applications, determine the tentative loan amount available to
  548  each applicant, and rank all approved applications.
  549         (e) The board of directors shall decide which approved
  550  applicants will become program participants and determine the
  551  maximum loan amount for each program participant.
  552         (6) The corporation shall provide incentives for local
  553  governments in eligible areas to use local affordable housing
  554  funds, such as those from the State Housing Initiatives
  555  Partnership Program, to assist in meeting the affordable housing
  556  needs of persons eligible under this program. Local governments
  557  are authorized to use State Housing Initiative Partnership
  558  Program funds for persons or families whose total annual
  559  household income does not exceed:
  560         (a) One hundred and forty percent of the area median
  561  income, adjusted for household size; or
  562         (b) One hundred and fifty percent of the area median
  563  income, adjusted for household size, in areas that were
  564  designated as areas of critical state concern for at least 20
  565  consecutive years prior to the removal of the designation and in
  566  areas of critical state concern, designated under s. 380.05, for
  567  which the Legislature has declared its intent to provide
  568  affordable housing.
  569         (7) Funding shall be targeted to innovative projects in
  570  areas where the disparity between the area median income and the
  571  median sales price for a single-family home is greatest, and
  572  where population growth as a percentage rate of increase is
  573  greatest. The corporation may also fund projects in areas where
  574  innovative regulatory and financial incentives are made
  575  available. The corporation shall fund at least one eligible
  576  project in as many counties and regions of the state as is
  577  practicable, consistent with program goals.
  578         (6)(8) Projects must be given shall receive priority
  579  consideration for funding if where:
  580         (a) the local jurisdiction has adopted, or is committed to
  581  adopting, appropriate regulatory incentives, or the local
  582  jurisdiction or public-private partnership has adopted or is
  583  committed to adopting local contributions or financial
  584  strategies, or other funding sources to promote the development
  585  and ongoing financial viability of such projects. Local
  586  incentives include such actions as expediting review of
  587  development orders and permits, supporting development near
  588  transportation hubs and major employment centers, and adopting
  589  land development regulations designed to allow flexibility in
  590  densities, use of accessory units, mixed-use developments, and
  591  flexible lot configurations. Financial strategies include such
  592  actions as promoting employer-assisted housing programs,
  593  providing tax increment financing, and providing land.
  594         (b) Projects are innovative and include new construction or
  595  rehabilitation; mixed-income housing; commercial and housing
  596  mixed-use elements; innovative design; green building
  597  principles; storm-resistant construction; or other elements that
  598  reduce long-term costs relating to maintenance, utilities, or
  599  insurance and promote homeownership. The program funding may not
  600  exceed the costs attributable to the portion of the project that
  601  is set aside to provide housing for the targeted population.
  602         (c)Projects that set aside at least 80 percent of units
  603  for workforce housing and at least 50 percent for essential
  604  services personnel and for projects that require the least
  605  amount of program funding compared to the overall housing costs
  606  for the project.
  607         (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
  608  government comprehensive plan amendment to implement a Community
  609  Workforce Housing Innovation Pilot Program project found
  610  consistent with this section shall be expedited as provided in
  611  this subsection. At least 30 days prior to adopting a plan
  612  amendment under this subsection, the local government shall
  613  notify the state land planning agency of its intent to adopt
  614  such an amendment, and the notice shall include its evaluation
  615  related to site suitability and availability of facilities and
  616  services. The public notice of the hearing required by s.
  617  163.3184(11)(b)2. shall include a statement that the local
  618  government intends to use the expedited adoption process
  619  authorized by this subsection. Such amendments shall require
  620  only a single public hearing before the governing board, which
  621  shall be an adoption hearing as described in s. 163.3184(4)(e).
  622  Any further proceedings shall be governed by s. 163.3184(5)
  623  (13).
  624         (10) The processing of approvals of development orders or
  625  development permits, as defined in s. 163.3164, for innovative
  626  community workforce housing projects shall be expedited.
  627         (7)(11) The corporation shall award loans with a 1 interest
  628  rates set at 1 to 3 percent interest rate for a term that does
  629  not exceed 15 years, which may be made forgivable when long-term
  630  affordability is provided and when at least 80 percent of the
  631  units are set aside for workforce housing and at least 50
  632  percent of the units are set aside for essential services
  633  personnel.
  634         (12) All eligible applications shall:
  635         (a) For home ownership, limit the sales price of a detached
  636  unit, townhome, or condominium unit to not more than 90 percent
  637  of the median sales price for that type of unit in that county,
  638  or the statewide median sales price for that type of unit,
  639  whichever is higher, and require that all eligible purchasers of
  640  home ownership units occupy the homes as their primary
  641  residence.
  642         (b) For rental units, restrict rents for all workforce
  643  housing serving those with incomes at or below 120 percent of
  644  area median income at the appropriate income level using the
  645  restricted rents for the federal low-income housing tax credit
  646  program and, for workforce housing units serving those with
  647  incomes above 120 percent of area median income, restrict rents
  648  to those established by the corporation, not to exceed 30
  649  percent of the maximum household income adjusted to unit size.
  650         (c) Demonstrate that the applicant is a public-private
  651  partnership in an agreement, contract, partnership agreement,
  652  memorandum of understanding, or other written instrument signed
  653  by all the project partners.
  654         (d) Have grants, donations of land, or contributions from
  655  the public-private partnership or other sources collectively
  656  totaling at least 10 percent of the total development cost or $2
  657  million, whichever is less. Such grants, donations of land, or
  658  contributions must be evidenced by a letter of commitment,
  659  agreement, contract, deed, memorandum of understanding, or other
  660  written instrument at the time of application. Grants, donations
  661  of land, or contributions in excess of 10 percent of the
  662  development cost shall increase the application score.
  663         (e) Demonstrate how the applicant will use the regulatory
  664  incentives and financial strategies outlined in subsection (8)
  665  from the local jurisdiction in which the proposed project is to
  666  be located. The corporation may consult with the Department of
  667  Economic Opportunity in evaluating the use of regulatory
  668  incentives by applicants.
  669         (f) Demonstrate that the applicant possesses title to or
  670  site control of land and evidences availability of required
  671  infrastructure.
  672         (g) Demonstrate the applicant’s affordable housing
  673  development and management experience.
  674         (h) Provide any research or facts available supporting the
  675  demand and need for rental or home ownership workforce housing
  676  for eligible persons in the market in which the project is
  677  proposed.
  678         (13) Projects may include manufactured housing constructed
  679  after June 1994 and installed in accordance with mobile home
  680  installation standards of the Department of Highway Safety and
  681  Motor Vehicles.
  682         (8)(14) The corporation may adopt rules pursuant to ss.
  683  120.536(1) and 120.54 to implement this section.
  684         (15) The corporation may use a maximum of 2 percent of the
  685  annual program appropriation for administration and compliance
  686  monitoring.
  687         (16) The corporation shall review the success of the
  688  Community Workforce Housing Innovation Pilot Program to
  689  ascertain whether the projects financed by the program are
  690  useful in meeting the housing needs of eligible areas and shall
  691  include its findings in the annual report required under s.
  692  420.511(3).
  693         Section 16. Section 420.531, Florida Statutes, is amended
  694  to read:
  695         420.531 Affordable Housing Catalyst Program.—
  696         (1) The corporation shall operate the Affordable Housing
  697  Catalyst Program for the purpose of securing the expertise
  698  necessary to provide specialized technical support to local
  699  governments and community-based organizations to implement the
  700  HOME Investment Partnership Program, State Apartment Incentive
  701  Loan Program, State Housing Initiatives Partnership Program, and
  702  other affordable housing programs. To the maximum extent
  703  feasible, the entity to provide the necessary expertise must be
  704  recognized by the Internal Revenue Service as a nonprofit tax
  705  exempt organization. It must have as its primary mission the
  706  provision of affordable housing training and technical
  707  assistance, an ability to provide training and technical
  708  assistance statewide, and a proven track record of successfully
  709  providing training and technical assistance under the Affordable
  710  Housing Catalyst Program. The technical support shall, at a
  711  minimum, include training relating to the following key elements
  712  of the partnership programs:
  713         (a)(1) Formation of local and regional housing partnerships
  714  as a means of bringing together resources to provide affordable
  715  housing.
  716         (b)(2) Implementation of regulatory reforms to reduce the
  717  risk and cost of developing affordable housing.
  718         (c)(3) Implementation of affordable housing programs
  719  included in local government comprehensive plans.
  720         (d)(4) Compliance with requirements of federally funded
  721  housing programs.
  722         (2) In consultation with the corporation, the entity
  723  providing statewide training and technical assistance shall
  724  convene and administer biannual regional workshops for the
  725  locally elected officials serving on affordable housing advisory
  726  committees as provided in s. 420.9076. The regional workshops
  727  may be conducted through teleconferencing or other technological
  728  means and must include processes and programming that facilitate
  729  peer-to-peer identification and sharing of best affordable
  730  housing practices among the locally elected officials. Annually,
  731  calendar year reports summarizing the deliberations, actions,
  732  and recommendations of each region, as well as the attendance
  733  records of locally elected officials, must be compiled by the
  734  entity providing statewide training and technical assistance for
  735  the Affordable Housing Catalyst Program and must be submitted to
  736  the President of the Senate, the Speaker of the House of
  737  Representatives, and the corporation by March 31 of the
  738  following year.
  739         Section 17. Subsection (2) of section 420.9071, Florida
  740  Statutes, is amended to read:
  741         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  742  term:
  743         (2) “Affordable” means that monthly rents or monthly
  744  mortgage payments including taxes and insurance do not exceed 30
  745  percent of that amount which represents the percentage of the
  746  median annual gross income for the households as indicated in
  747  subsection (19), subsection (20), or subsection (28). However,
  748  it is not the intent to limit an individual household’s ability
  749  to devote more than 30 percent of its income for housing, and
  750  housing for which a household devotes more than 30 percent of
  751  its income shall be deemed affordable if the first institutional
  752  mortgage lender is satisfied that the household can afford
  753  mortgage payments in excess of the 30 percent benchmark. The
  754  term also includes housing provided by a not-for-profit
  755  corporation that derives at least 75 percent of its annual
  756  revenues from contracts or services provided to a state or
  757  federal agency for low-income persons and low-income households;
  758  that provides supportive housing for persons who suffer from
  759  mental health issues, substance abuse, or domestic violence; and
  760  that provides on-premises social and community support services
  761  relating to job training, life skills training, alcohol and
  762  substance abuse disorder, child care, and client case
  763  management.
  764         Section 18. Paragraph (j) is added to subsection (10) of
  765  section 420.9075, Florida Statutes, to read:
  766         420.9075 Local housing assistance plans; partnerships.—
  767         (10) Each county or eligible municipality shall submit to
  768  the corporation by September 15 of each year a report of its
  769  affordable housing programs and accomplishments through June 30
  770  immediately preceding submittal of the report. The report shall
  771  be certified as accurate and complete by the local government’s
  772  chief elected official or his or her designee. Transmittal of
  773  the annual report by a county’s or eligible municipality’s chief
  774  elected official, or his or her designee, certifies that the
  775  local housing incentive strategies, or, if applicable, the local
  776  housing incentive plan, have been implemented or are in the
  777  process of being implemented pursuant to the adopted schedule
  778  for implementation. The report must include, but is not limited
  779  to:
  780         (j) The number of affordable housing applications
  781  submitted, the number approved, and the number denied.
  782         Section 19. Subsections (2) and (4) of section 420.9076,
  783  Florida Statutes, are amended, and subsection (10) is added to
  784  that section, to read:
  785         420.9076 Adoption of affordable housing incentive
  786  strategies; committees.—
  787         (2) The governing board of a county or municipality shall
  788  appoint the members of the affordable housing advisory
  789  committee. Pursuant to the terms of any interlocal agreement, a
  790  county and municipality may create and jointly appoint an
  791  advisory committee. The local action adopted pursuant to s.
  792  420.9072 which creates the advisory committee and appoints the
  793  advisory committee members must name at least 8 but not more
  794  than 11 committee members and specify their terms. Effective
  795  October 1, 2020, the committee must consist of one locally
  796  elected official from each county or municipality participating
  797  in the State Housing Initiatives Partnership Program and one
  798  representative from at least six of the categories below:
  799         (a) A citizen who is actively engaged in the residential
  800  home building industry in connection with affordable housing.
  801         (b) A citizen who is actively engaged in the banking or
  802  mortgage banking industry in connection with affordable housing.
  803         (c) A citizen who is a representative of those areas of
  804  labor actively engaged in home building in connection with
  805  affordable housing.
  806         (d) A citizen who is actively engaged as an advocate for
  807  low-income persons in connection with affordable housing.
  808         (e) A citizen who is actively engaged as a for-profit
  809  provider of affordable housing.
  810         (f) A citizen who is actively engaged as a not-for-profit
  811  provider of affordable housing.
  812         (g) A citizen who is actively engaged as a real estate
  813  professional in connection with affordable housing.
  814         (h) A citizen who actively serves on the local planning
  815  agency pursuant to s. 163.3174. If the local planning agency is
  816  comprised of the governing board of the county or municipality,
  817  the governing board may appoint a designee who is knowledgeable
  818  in the local planning process.
  819         (i) A citizen who resides within the jurisdiction of the
  820  local governing body making the appointments.
  821         (j) A citizen who represents employers within the
  822  jurisdiction.
  823         (k) A citizen who represents essential services personnel,
  824  as defined in the local housing assistance plan.
  825         (4) Annually Triennially, the advisory committee shall
  826  review the established policies and procedures, ordinances, land
  827  development regulations, and adopted local government
  828  comprehensive plan of the appointing local government and shall
  829  recommend specific actions or initiatives to encourage or
  830  facilitate affordable housing while protecting the ability of
  831  the property to appreciate in value. The recommendations may
  832  include the modification or repeal of existing policies,
  833  procedures, ordinances, regulations, or plan provisions; the
  834  creation of exceptions applicable to affordable housing; or the
  835  adoption of new policies, procedures, regulations, ordinances,
  836  or plan provisions, including recommendations to amend the local
  837  government comprehensive plan and corresponding regulations,
  838  ordinances, and other policies. At a minimum, each advisory
  839  committee shall submit an annual a report to the local governing
  840  body and to the entity providing statewide training and
  841  technical assistance for the Affordable Housing Catalyst Program
  842  which that includes recommendations on, and triennially
  843  thereafter evaluates the implementation of, affordable housing
  844  incentives in the following areas:
  845         (a) The processing of approvals of development orders or
  846  permits for affordable housing projects is expedited to a
  847  greater degree than other projects, as provided in s.
  848  163.3177(6)(f)3.
  849         (b) All allowable fee waivers provided The modification of
  850  impact-fee requirements, including reduction or waiver of fees
  851  and alternative methods of fee payment for the development or
  852  construction of affordable housing.
  853         (c) The allowance of flexibility in densities for
  854  affordable housing.
  855         (d) The reservation of infrastructure capacity for housing
  856  for very-low-income persons, low-income persons, and moderate
  857  income persons.
  858         (e) The allowance of Affordable accessory residential units
  859  in residential zoning districts.
  860         (f) The reduction of parking and setback requirements for
  861  affordable housing.
  862         (g) The allowance of flexible lot configurations, including
  863  zero-lot-line configurations for affordable housing.
  864         (h) The modification of street requirements for affordable
  865  housing.
  866         (i) The establishment of a process by which a local
  867  government considers, before adoption, policies, procedures,
  868  ordinances, regulations, or plan provisions that increase the
  869  cost of housing.
  870         (j) The preparation of a printed inventory of locally owned
  871  public lands suitable for affordable housing.
  872         (k) The support of development near transportation hubs and
  873  major employment centers and mixed-use developments.
  874  
  875  The advisory committee recommendations may also include other
  876  affordable housing incentives identified by the advisory
  877  committee. Local governments that receive the minimum allocation
  878  under the State Housing Initiatives Partnership Program shall
  879  perform an the initial review but may elect to not perform the
  880  annual triennial review.
  881         (10) The locally elected official serving on an advisory
  882  committee, or a locally elected designee, must attend biannual
  883  regional workshops convened and administered under the
  884  Affordable Housing Catalyst Program as provided in s.
  885  420.531(2). If the locally elected official or a locally elected
  886  designee fails to attend three consecutive regional workshops,
  887  the corporation may withhold funds pending the person’s
  888  attendance at the next regularly scheduled biannual meeting.
  889         Section 20. Subsection (18) of section 553.791, Florida
  890  Statutes, is amended to read:
  891         553.791 Alternative plans review and inspection.—
  892         (18) Each local building code enforcement agency may audit
  893  the performance of building code inspection services by private
  894  providers operating within the local jurisdiction. However, the
  895  same private provider may not be audited more than four times in
  896  a month calendar year unless the local building official
  897  determines a condition of a building constitutes an immediate
  898  threat to public safety and welfare. Work on a building or
  899  structure may proceed after inspection and approval by a private
  900  provider if the provider has given notice of the inspection
  901  pursuant to subsection (9) and, subsequent to such inspection
  902  and approval, the work shall not be delayed for completion of an
  903  inspection audit by the local building code enforcement agency.
  904         Section 21. Subsection (4) of section 723.011, Florida
  905  Statutes, is amended to read:
  906         723.011 Disclosure prior to rental of a mobile home lot;
  907  prospectus, filing, approval.—
  908         (4) With regard to a tenancy in existence on the effective
  909  date of this chapter, the prospectus or offering circular
  910  offered by the mobile home park owner must shall contain the
  911  same terms and conditions as rental agreements offered to all
  912  other mobile home owners residing in the park on the effective
  913  date of this act, excepting only rent variations based upon lot
  914  location and size, and may shall not require any mobile home
  915  owner to install any permanent improvements, except that the
  916  mobile home owner may be required to install permanent
  917  improvements to the mobile home as disclosed in the prospectus.
  918         Section 22. Subsection (5) of section 723.012, Florida
  919  Statutes, is amended to read:
  920         723.012 Prospectus or offering circular.—The prospectus or
  921  offering circular, which is required to be provided by s.
  922  723.011, must contain the following information:
  923         (5) A description of the recreational and other common
  924  facilities, if any, that will be used by the mobile home owners,
  925  including, but not limited to:
  926         (a) The number of buildings and each room thereof and its
  927  intended purposes, location, approximate floor area, and
  928  capacity in numbers of people.
  929         (b) Each swimming pool, as to its general location,
  930  approximate size and depths, and approximate deck size and
  931  capacity and whether heated.
  932         (c) All other facilities and permanent improvements that
  933  which will serve the mobile home owners.
  934         (d) A general description of the items of personal property
  935  available for use by the mobile home owners.
  936         (e) A general description of the days and hours that
  937  facilities will be available for use.
  938         (f) A statement as to whether all improvements are complete
  939  and, if not, their estimated completion dates.
  940  
  941  If a mobile home park owner intends to include additional
  942  property and mobile home lots and to increase the number of lots
  943  that will use the shared facilities of the park, the mobile home
  944  park owner must amend the prospectus to disclose such additions.
  945  If the number of mobile home lots in the park increases by more
  946  than 15 percent of the total number of lots in the original
  947  prospectus, the mobile home park owner must reasonably offset
  948  the impact of the additional lots by increasing the shared
  949  facilities. The amendment to the prospectus must include a
  950  reasonable timeframe for providing the required additional
  951  shared facilities. The costs and expenses necessary to increase
  952  the shared facilities may not be passed on or passed through to
  953  the existing mobile home owners.
  954         Section 23. Section 723.023, Florida Statutes, is amended
  955  to read:
  956         723.023 Mobile home owner’s general obligations.—A mobile
  957  home owner shall at all times:
  958         (1) At all times comply with all obligations imposed on
  959  mobile home owners by applicable provisions of building,
  960  housing, and health codes, including compliance with all
  961  building permits and construction requirements for construction
  962  on the mobile home and lot. The home owner is responsible for
  963  all fines imposed by the local government for noncompliance with
  964  any local codes.
  965         (2) At all times keep the mobile home lot that which he or
  966  she occupies clean, neat, and sanitary, and maintained in
  967  compliance with all local codes.
  968         (3) At all times comply with properly promulgated park
  969  rules and regulations and require other persons on the premises
  970  with his or her consent to comply with such rules and to conduct
  971  themselves, and other persons on the premises with his or her
  972  consent, in a manner that does not unreasonably disturb other
  973  residents of the park or constitute a breach of the peace.
  974         (4)Receive written approval from the mobile home park
  975  owner before making any exterior modification or addition to the
  976  home.
  977         (5)When vacating the premises, remove any debris and other
  978  property of any kind which is left on the mobile home lot.
  979         Section 24. Subsection (5) of section 723.031, Florida
  980  Statutes, is amended to read:
  981         723.031 Mobile home lot rental agreements.—
  982         (5) The rental agreement must shall contain the lot rental
  983  amount and services included. An increase in lot rental amount
  984  upon expiration of the term of the lot rental agreement must
  985  shall be in accordance with ss. 723.033 and 723.037 or s.
  986  723.059(4), whichever is applicable;, provided that, pursuant to
  987  s. 723.059(4), the amount of the lot rental increase is
  988  disclosed and agreed to by the purchaser, in writing. An
  989  increase in lot rental amount shall not be arbitrary or
  990  discriminatory between similarly situated tenants in the park. A
  991  lot rental amount may not be increased during the term of the
  992  lot rental agreement, except:
  993         (a) When the manner of the increase is disclosed in a lot
  994  rental agreement with a term exceeding 12 months and which
  995  provides for such increases not more frequently than annually.
  996         (b) For pass-through charges as defined in s. 723.003.
  997         (c) That a charge may not be collected which results in
  998  payment of money for sums previously collected as part of the
  999  lot rental amount. The provisions hereof notwithstanding, the
 1000  mobile home park owner may pass on, at any time during the term
 1001  of the lot rental agreement, ad valorem property taxes, non-ad
 1002  valorem assessments, and utility charges, or increases of
 1003  either, provided that the ad valorem property taxes, non-ad
 1004  valorem assessments, and utility charges are not otherwise being
 1005  collected in the remainder of the lot rental amount and provided
 1006  further that the passing on of such ad valorem taxes, non-ad
 1007  valorem assessments, or utility charges, or increases of either,
 1008  was disclosed prior to tenancy, was being passed on as a matter
 1009  of custom between the mobile home park owner and the mobile home
 1010  owner, or such passing on was authorized by law. A park owner is
 1011  deemed to have disclosed the passing on of ad valorem property
 1012  taxes and non-ad valorem assessments if ad valorem property
 1013  taxes or non-ad valorem assessments were disclosed as a separate
 1014  charge or a factor for increasing the lot rental amount in the
 1015  prospectus or rental agreement. Such ad valorem taxes, non-ad
 1016  valorem assessments, and utility charges shall be a part of the
 1017  lot rental amount as defined by this chapter. The term “non-ad
 1018  valorem assessments” has the same meaning as provided in s.
 1019  197.3632(1)(d). Other provisions of this chapter
 1020  notwithstanding, pass-on charges may be passed on only within 1
 1021  year of the date a mobile home park owner remits payment of the
 1022  charge. A mobile home park owner is prohibited from passing on
 1023  any fine, interest, fee, or increase in a charge resulting from
 1024  a park owner’s payment of the charge after the date such charges
 1025  become delinquent. A mobile home park owner is prohibited from
 1026  charging or collecting from the mobile home owners any sum for
 1027  ad valorem taxes or non-ad valorem tax charges in an amount in
 1028  excess of the sums remitted by the park owner to the tax
 1029  collector. Nothing herein shall prohibit a park owner and a
 1030  homeowner from mutually agreeing to an alternative manner of
 1031  payment to the park owner of the charges.
 1032         (d) If a notice of increase in lot rental amount is not
 1033  given 90 days before the renewal date of the rental agreement,
 1034  the rental agreement must remain under the same terms until a
 1035  90-day notice of increase in lot rental amount is given. The
 1036  notice may provide for a rental term shorter than 1 year in
 1037  order to maintain the same renewal date.
 1038         Section 25. Subsection (1) and paragraph (a) of subsection
 1039  (4) of section 723.037, Florida Statutes, are amended to read:
 1040         723.037 Lot rental increases; reduction in services or
 1041  utilities; change in rules and regulations; mediation.—
 1042         (1) A park owner shall give written notice to each affected
 1043  mobile home owner and the board of directors of the homeowners’
 1044  association, if one has been formed, at least 90 days before any
 1045  increase in lot rental amount or reduction in services or
 1046  utilities provided by the park owner or change in rules and
 1047  regulations. The park owner may give notice of all increases in
 1048  lot rental amount for multiple anniversary dates in the same 90
 1049  day notice. The notice must shall identify all other affected
 1050  homeowners, which may be by lot number, name, group, or phase.
 1051  If the affected homeowners are not identified by name, the park
 1052  owner shall make the names and addresses available upon request.
 1053  However, this requirement does not authorize the release of the
 1054  names, addresses, or other private information about the
 1055  homeowners to the association or any other person for any other
 1056  purpose. The home owner’s right to the 90-day notice may not be
 1057  waived or precluded by a home owner, or the homeowners’
 1058  committee, in an agreement with the park owner. Rules adopted as
 1059  a result of restrictions imposed by governmental entities and
 1060  required to protect the public health, safety, and welfare may
 1061  be enforced prior to the expiration of the 90-day period but are
 1062  not otherwise exempt from the requirements of this chapter.
 1063  Pass-through charges must be separately listed as to the amount
 1064  of the charge, the name of the governmental entity mandating the
 1065  capital improvement, and the nature or type of the pass-through
 1066  charge being levied. Notices of increase in the lot rental
 1067  amount due to a pass-through charge must shall state the
 1068  additional payment and starting and ending dates of each pass
 1069  through charge. The homeowners’ association shall have no
 1070  standing to challenge the increase in lot rental amount,
 1071  reduction in services or utilities, or change of rules and
 1072  regulations unless a majority of the affected homeowners agree,
 1073  in writing, to such representation.
 1074         (4)(a) A committee, not to exceed five in number,
 1075  designated by a majority of the affected mobile home owners or
 1076  by the board of directors of the homeowners’ association, if
 1077  applicable, and the park owner shall meet, at a mutually
 1078  convenient time and place no later than 60 days before the
 1079  effective date of the change to discuss the reasons for the
 1080  increase in lot rental amount, reduction in services or
 1081  utilities, or change in rules and regulations. The negotiating
 1082  committee shall make a written request for a meeting with the
 1083  park owner or subdivision developer to discuss those matters
 1084  addressed in the 90-day notice, and may include in the request a
 1085  listing of any other issue, with supporting documentation, that
 1086  the committee intends to raise and discuss at the meeting. The
 1087  committee shall address all lot rental amount increases that are
 1088  specified in the notice of lot rental amount increase,
 1089  regardless of the effective date of the increase.
 1090  
 1091  This subsection is not intended to be enforced by civil or
 1092  administrative action. Rather, the meetings and discussions are
 1093  intended to be in the nature of settlement discussions prior to
 1094  the parties proceeding to mediation of any dispute.
 1095         Section 26. Subsections (5) and (6) are added to section
 1096  723.041, Florida Statutes, to read:
 1097         723.041 Entrance fees; refunds; exit fees prohibited;
 1098  replacement homes.—
 1099         (5) A mobile home park that is damaged or destroyed due to
 1100  wind, water, or other natural force may be rebuilt on the same
 1101  site with the same density as was approved, permitted, and built
 1102  before the park was damaged or destroyed.
 1103         (6) This section does not limit the regulation of the
 1104  uniform firesafety standards established under s. 633.206, but
 1105  supersedes any other density, separation, setback, or lot size
 1106  regulation adopted after initial permitting and construction of
 1107  the mobile home park.
 1108         Section 27. Section 723.042, Florida Statutes, is amended
 1109  to read:
 1110         723.042 Provision of improvements.—A No person may not
 1111  shall be required by a mobile home park owner or developer, as a
 1112  condition of residence in the mobile home park, to provide any
 1113  improvement unless the requirement is disclosed pursuant to s.
 1114  723.012(7) s. 723.011 prior to occupancy in the mobile home
 1115  park.
 1116         Section 28. Section 723.059, Florida Statutes, is amended
 1117  to read:
 1118         723.059 Rights of Purchaser of a mobile home within a
 1119  mobile home park.—
 1120         (1) The purchaser of a mobile home within a mobile home
 1121  park may become a tenant of the park if such purchaser would
 1122  otherwise qualify with the requirements of entry into the park
 1123  under the park rules and regulations, subject to the approval of
 1124  the park owner, but such approval may not be unreasonably
 1125  withheld. The purchaser of the mobile home may cancel or rescind
 1126  the contract for purchase of the mobile home if the purchaser’s
 1127  tenancy has not been approved by the park owner 5 days before
 1128  the closing of the purchase.
 1129         (2) Properly promulgated rules may provide for the
 1130  screening of any prospective purchaser to determine whether or
 1131  not such purchaser is qualified to become a tenant of the park.
 1132         (3) The purchaser of a mobile home who intends to become
 1133  becomes a resident of the mobile home park in accordance with
 1134  this section has the right to assume the remainder of the term
 1135  of any rental agreement then in effect between the mobile home
 1136  park owner and the seller and may assume the seller’s
 1137  prospectus. However, nothing herein shall prohibit a mobile home
 1138  park owner from offering the purchaser of a mobile home any
 1139  approved prospectus shall be entitled to rely on the terms and
 1140  conditions of the prospectus or offering circular as delivered
 1141  to the initial recipient.
 1142         (4) However, nothing herein shall be construed to prohibit
 1143  a mobile home park owner from increasing the rental amount to be
 1144  paid by the purchaser upon the expiration of the assumed rental
 1145  agreement in an amount deemed appropriate by the mobile home
 1146  park owner, so long as such increase is disclosed to the
 1147  purchaser prior to his or her occupancy and is imposed in a
 1148  manner consistent with the purchaser’s initial offering circular
 1149  or prospectus and this act.
 1150         (5) Lifetime leases and the renewal provisions in
 1151  automatically renewable leases, both those existing and those
 1152  entered into after July 1, 1986, are not assumable unless
 1153  otherwise provided in the mobile home lot rental agreement or
 1154  unless the transferee is the home owner’s spouse. The right to
 1155  an assumption of the lease by a spouse may be exercised only one
 1156  time during the term of that lease.
 1157         Section 29. Paragraph (d) of subsection (1) of section
 1158  723.061, Florida Statutes, is amended, and subsection (5) is
 1159  added to that section, to read:
 1160         723.061 Eviction; grounds, proceedings.—
 1161         (1) A mobile home park owner may evict a mobile home owner,
 1162  a mobile home tenant, a mobile home occupant, or a mobile home
 1163  only on one or more of the following grounds:
 1164         (d) Change in use of the land comprising the mobile home
 1165  park, or the portion thereof from which mobile homes are to be
 1166  evicted, from mobile home lot rentals to some other use, if:
 1167         1. The park owner gives written notice to the homeowners’
 1168  association formed and operating under ss. 723.075-723.079 of
 1169  its right to purchase the mobile home park, if the land
 1170  comprising the mobile home park is changing use from mobile home
 1171  lot rentals to a different use, at the price and under the terms
 1172  and conditions set forth in the written notice.
 1173         a. The notice shall be delivered to the officers of the
 1174  homeowners’ association by United States mail. Within 45 days
 1175  after the date of mailing of the notice, the homeowners’
 1176  association may execute and deliver a contract to the park owner
 1177  to purchase the mobile home park at the price and under the
 1178  terms and conditions set forth in the notice. If the contract
 1179  between the park owner and the homeowners’ association is not
 1180  executed and delivered to the park owner within the 45-day
 1181  period, the park owner is under no further obligation to the
 1182  homeowners’ association except as provided in sub-subparagraph
 1183  b.
 1184         b. If the park owner elects to offer or sell the mobile
 1185  home park at a price lower than the price specified in her or
 1186  his initial notice to the officers of the homeowners’
 1187  association, the homeowners’ association has an additional 10
 1188  days to meet the revised price, terms, and conditions of the
 1189  park owner by executing and delivering a revised contract to the
 1190  park owner.
 1191         c. The park owner is not obligated under this subparagraph
 1192  or s. 723.071 to give any other notice to, or to further
 1193  negotiate with, the homeowners’ association for the sale of the
 1194  mobile home park to the homeowners’ association after 6 months
 1195  after the date of the mailing of the initial notice under sub
 1196  subparagraph a.
 1197         2. The park owner gives the affected mobile home owners and
 1198  tenants at least 6 months’ notice of the eviction due to the
 1199  projected change in use and of their need to secure other
 1200  accommodations. Within 20 days after giving an eviction notice
 1201  to a mobile home owner, the park owner must provide the division
 1202  with a copy of the notice. The division must provide the
 1203  executive director of the Florida Mobile Home Relocation
 1204  Corporation with a copy of the notice.
 1205         a. The notice of eviction due to a change in use of the
 1206  land must include in a font no smaller than the body of the
 1207  notice the following statement:
 1208  
 1209  YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME
 1210  RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME
 1211  RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
 1212  AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND
 1213  PROFESSIONAL REGULATION.
 1214  
 1215         b. The park owner may not give a notice of increase in lot
 1216  rental amount within 90 days before giving notice of a change in
 1217  use.
 1218         (5)A park owner who accepts payment of any portion of the
 1219  lot rental amount with actual knowledge of noncompliance after
 1220  notice and termination of the rental agreement due to a
 1221  violation under paragraph (1)(b), paragraph (1)(c), or paragraph
 1222  (1)(e) does not waive the right to terminate the rental
 1223  agreement or the right to bring a civil action for the
 1224  noncompliance, but not for any subsequent or continuing
 1225  noncompliance. Any rent so received must be accounted for at the
 1226  final hearing.
 1227         Section 30. Subsection (1) of section 723.076, Florida
 1228  Statutes, is amended to read:
 1229         723.076 Incorporation; notification of park owner.—
 1230         (1) Upon receipt of its certificate of incorporation, the
 1231  homeowners’ association shall notify the park owner in writing
 1232  of such incorporation and shall advise the park owner of the
 1233  names and addresses of the officers of the homeowners’
 1234  association by personal delivery upon the park owner’s
 1235  representative as designated in the prospectus or by certified
 1236  mail, return receipt requested. Thereafter, the homeowners’
 1237  association shall notify the park owner in writing by certified
 1238  mail, return receipt requested, of any change of names and
 1239  addresses of its president or registered agent. Upon election or
 1240  appointment of new officers or board members, the homeowners’
 1241  association shall notify the park owner in writing by certified
 1242  mail, return receipt requested, of the names and addresses of
 1243  the new officers or board members.
 1244         Section 31. Paragraphs (b) through (e) of subsection (2) of
 1245  section 723.078, Florida Statutes, are amended, and paragraph
 1246  (i) of that subsection is reenacted, to read:
 1247         723.078 Bylaws of homeowners’ associations.—
 1248         (2) The bylaws shall provide and, if they do not, shall be
 1249  deemed to include, the following provisions:
 1250         (b) Quorum; voting requirements; proxies.—
 1251         1. Unless otherwise provided in the bylaws, 30 percent of
 1252  the total membership is required to constitute a quorum.
 1253  Decisions shall be made by a majority of members represented at
 1254  a meeting at which a quorum is present.
 1255         2.a. A member may not vote by general proxy but may vote by
 1256  limited proxies substantially conforming to a limited proxy form
 1257  adopted by the division. Limited proxies and general proxies may
 1258  be used to establish a quorum. Limited proxies may be used for
 1259  votes taken to amend the articles of incorporation or bylaws
 1260  pursuant to this section, and any other matters for which this
 1261  chapter requires or permits a vote of members. A, except that no
 1262  proxy, limited or general, may not be used in the election of
 1263  board members in general elections or elections to fill
 1264  vacancies caused by recall, resignation, or otherwise. Board
 1265  members must be elected by written ballot or by voting in
 1266  person. If a mobile home or subdivision lot is owned jointly,
 1267  the owners of the mobile home or subdivision lot must be counted
 1268  as one for the purpose of determining the number of votes
 1269  required for a majority. Only one vote per mobile home or
 1270  subdivision lot shall be counted. Any number greater than 50
 1271  percent of the total number of votes constitutes a majority.
 1272  Notwithstanding this section, members may vote in person at
 1273  member meetings or by secret ballot, including absentee ballots,
 1274  as defined by the division.
 1275         b.Elections shall be decided by a plurality of the ballots
 1276  cast. There is no quorum requirement; however, at least 20
 1277  percent of the eligible voters must cast a ballot in order to
 1278  have a valid election. A member may not allow any other person
 1279  to cast his or her ballot, and any ballots improperly cast are
 1280  invalid. An election is not required unless there are more
 1281  candidates nominated than vacancies that exist on the board.
 1282         c.Each member or other eligible person who desires to be a
 1283  candidate for the board of directors shall appear on the ballot
 1284  in alphabetical order by surname. A ballot may not indicate if
 1285  any of the candidates are incumbent on the board. All ballots
 1286  must be uniform in appearance. Write-in candidates and more than
 1287  one vote per candidate per ballot are not allowed. A ballot may
 1288  not provide a space for the signature of, or any other means of
 1289  identifying, a voter. If a ballot contains more votes than
 1290  vacancies or fewer votes than vacancies, the ballot is invalid
 1291  unless otherwise stated in the bylaws.
 1292         d.An impartial committee shall be responsible for
 1293  overseeing the election process and complying with all ballot
 1294  requirements. For purposes of this section, the term “impartial
 1295  committee” means a committee whose members do not include any of
 1296  the following people or their spouses:
 1297         (I)Current board members.
 1298         (II)Current association officers.
 1299         (III)Candidates for the association or board.
 1300         e.The association bylaws shall provide a method for
 1301  determining the winner of an election in which two or more
 1302  candidates for the same position receive the same number of
 1303  votes.
 1304         f.The division shall adopt procedural rules to govern
 1305  elections, including, but not limited to, rules for providing
 1306  notice by electronic transmission and rules for maintaining the
 1307  secrecy of ballots.
 1308         3. A proxy is effective only for the specific meeting for
 1309  which originally given and any lawfully adjourned meetings
 1310  thereof. In no event shall any proxy be valid for a period
 1311  longer than 90 days after the date of the first meeting for
 1312  which it was given. Every proxy shall be revocable at any time
 1313  at the pleasure of the member executing it.
 1314         4. A member of the board of directors or a committee may
 1315  submit in writing his or her agreement or disagreement with any
 1316  action taken at a meeting that the member did not attend. This
 1317  agreement or disagreement may not be used as a vote for or
 1318  against the action taken and may not be used for the purposes of
 1319  creating a quorum.
 1320         (c) Board of directors’ and committee meetings.—
 1321         1. Meetings of the board of directors and meetings of its
 1322  committees at which a quorum is present shall be open to all
 1323  members. Notwithstanding any other provision of law, the
 1324  requirement that board meetings and committee meetings be open
 1325  to the members does not apply to meetings between the park owner
 1326  and the board of directors or any of the board’s committees,
 1327  board or committee meetings held for the purpose of discussing
 1328  personnel matters, or meetings between the board or a committee
 1329  and the association’s attorney, with respect to potential or
 1330  pending litigation, when where the meeting is held for the
 1331  purpose of seeking or rendering legal advice, and when where the
 1332  contents of the discussion would otherwise be governed by the
 1333  attorney-client privilege. Notice of all meetings open to
 1334  members shall be posted in a conspicuous place upon the park
 1335  property at least 48 hours in advance, except in an emergency.
 1336  Notice of any meeting in which dues assessments against members
 1337  are to be considered for any reason shall specifically contain a
 1338  statement that dues assessments will be considered and the
 1339  nature of such dues assessments.
 1340         2. A board or committee member’s participation in a meeting
 1341  via telephone, real-time videoconferencing, or similar real-time
 1342  telephonic, electronic, or video communication counts toward a
 1343  quorum, and such member may vote as if physically present. A
 1344  speaker shall be used so that the conversation of those board or
 1345  committee members attending by telephone may be heard by the
 1346  board or committee members attending in person, as well as by
 1347  members present at a meeting.
 1348         3. Members of the board of directors may use e-mail as a
 1349  means of communication but may not cast a vote on an association
 1350  matter via e-mail.
 1351         4. The right to attend meetings of the board of directors
 1352  and its committees includes the right to speak at such meetings
 1353  with reference to all designated agenda items. The association
 1354  may adopt reasonable written rules governing the frequency,
 1355  duration, and manner of members’ statements. Any item not
 1356  included on the notice may be taken up on an emergency basis by
 1357  at least a majority plus one of the members of the board. Such
 1358  emergency action shall be noticed and ratified at the next
 1359  regular meeting of the board. Any member may tape record or
 1360  videotape meetings of the board of directors and its committees,
 1361  except meetings between the board of directors or its appointed
 1362  homeowners’ committee and the park owner. The division shall
 1363  adopt reasonable rules governing the tape recording and
 1364  videotaping of the meeting.
 1365         5. Except as provided in paragraph (i), a vacancy occurring
 1366  on the board of directors may be filled by the affirmative vote
 1367  of the majority of the remaining directors, even though the
 1368  remaining directors constitute less than a quorum; by the sole
 1369  remaining director; if the vacancy is not so filled or if no
 1370  director remains, by the members; or, on the application of any
 1371  person, by the circuit court of the county in which the
 1372  registered office of the corporation is located.
 1373         6. The term of a director elected or appointed to fill a
 1374  vacancy expires at the next annual meeting at which directors
 1375  are elected. A directorship to be filled by reason of an
 1376  increase in the number of directors may be filled by the board
 1377  of directors, but only for the term of office continuing until
 1378  the next election of directors by the members.
 1379         7. A vacancy that will occur at a specific later date, by
 1380  reason of a resignation effective at a later date, may be filled
 1381  before the vacancy occurs. However, the new director may not
 1382  take office until the vacancy occurs.
 1383         8.a. The officers and directors of the association have a
 1384  fiduciary relationship to the members.
 1385         b. A director and committee member shall discharge his or
 1386  her duties in good faith, with the care an ordinarily prudent
 1387  person in a like position would exercise under similar
 1388  circumstances, and in a manner he or she reasonably believes to
 1389  be in the best interests of the corporation.
 1390         9. In discharging his or her duties, a director may rely on
 1391  information, opinions, reports, or statements, including
 1392  financial statements and other financial data, if prepared or
 1393  presented by:
 1394         a. One or more officers or employees of the corporation who
 1395  the director reasonably believes to be reliable and competent in
 1396  the matters presented;
 1397         b. Legal counsel, public accountants, or other persons as
 1398  to matters the director reasonably believes are within the
 1399  persons’ professional or expert competence; or
 1400         c. A committee of the board of directors of which he or she
 1401  is not a member if the director reasonably believes the
 1402  committee merits confidence.
 1403         10. A director is not acting in good faith if he or she has
 1404  knowledge concerning the matter in question that makes reliance
 1405  otherwise permitted by subparagraph 9. unwarranted.
 1406         11. A director is not liable for any action taken as a
 1407  director, or any failure to take any action, if he or she
 1408  performed the duties of his or her office in compliance with
 1409  this section.
 1410         (d) Member meetings.—Members shall meet at least once each
 1411  calendar year, and the meeting shall be the annual meeting. All
 1412  members of the board of directors shall be elected at the annual
 1413  meeting unless the bylaws provide for staggered election terms
 1414  or for their election at another meeting. The bylaws shall not
 1415  restrict any member desiring to be a candidate for board
 1416  membership from being nominated from the floor. All nominations
 1417  from the floor must be made at a duly noticed meeting of the
 1418  members held at least 27 30 days before the annual meeting. The
 1419  bylaws shall provide the method for calling the meetings of the
 1420  members, including annual meetings. The method shall provide at
 1421  least 14 days’ written notice to each member in advance of the
 1422  meeting and require the posting in a conspicuous place on the
 1423  park property of a notice of the meeting at least 14 days prior
 1424  to the meeting. The right to receive written notice of
 1425  membership meetings may be waived in writing by a member. Unless
 1426  waived, the notice of the annual meeting shall be mailed, hand
 1427  delivered, or electronically transmitted to each member, and
 1428  shall constitute notice. Unless otherwise stated in the bylaws,
 1429  an officer of the association shall provide an affidavit
 1430  affirming that the notices were mailed, or hand delivered, or
 1431  provided by electronic transmission in accordance with the
 1432  provisions of this section to each member at the address last
 1433  furnished to the corporation. These meeting requirements do not
 1434  prevent members from waiving notice of meetings or from acting
 1435  by written agreement without meetings, if allowed by the bylaws.
 1436         (e) Minutes of meetings.—
 1437         1. Notwithstanding any other provision of law, the minutes
 1438  of board or committee meetings that are closed to members are
 1439  privileged and confidential and are not available for inspection
 1440  or photocopying.
 1441         2. Minutes of all meetings of members of an association and
 1442  meetings open to members of, the board of directors, and a
 1443  committee of the board must be maintained in written form and
 1444  approved by the members, board, or committee, as applicable. A
 1445  vote or abstention from voting on each matter voted upon for
 1446  each director present at a board meeting must be recorded in the
 1447  minutes.
 1448         3.2. All approved minutes of open meetings of members,
 1449  committees, and the board of directors shall be kept in a
 1450  businesslike manner and shall be available for inspection by
 1451  members, or their authorized representatives, and board members
 1452  at reasonable times. The association shall retain these minutes
 1453  within this state for a period of at least 5 7 years.
 1454         (i) Recall of board members.—Any member of the board of
 1455  directors may be recalled and removed from office with or
 1456  without cause by the vote of or agreement in writing by a
 1457  majority of all members. A special meeting of the members to
 1458  recall a member or members of the board of directors may be
 1459  called by 10 percent of the members giving notice of the meeting
 1460  as required for a meeting of members, and the notice shall state
 1461  the purpose of the meeting. Electronic transmission may not be
 1462  used as a method of giving notice of a meeting called in whole
 1463  or in part for this purpose.
 1464         1. If the recall is approved by a majority of all members
 1465  by a vote at a meeting, the recall is effective as provided in
 1466  this paragraph. The board shall duly notice and hold a board
 1467  meeting within 5 full business days after the adjournment of the
 1468  member meeting to recall one or more board members. At the
 1469  meeting, the board shall either certify the recall, in which
 1470  case such member or members shall be recalled effective
 1471  immediately and shall turn over to the board within 5 full
 1472  business days any and all records and property of the
 1473  association in their possession, or shall proceed under
 1474  subparagraph 3.
 1475         2. If the proposed recall is by an agreement in writing by
 1476  a majority of all members, the agreement in writing or a copy
 1477  thereof shall be served on the association by certified mail or
 1478  by personal service in the manner authorized by chapter 48 and
 1479  the Florida Rules of Civil Procedure. The board of directors
 1480  shall duly notice and hold a meeting of the board within 5 full
 1481  business days after receipt of the agreement in writing. At the
 1482  meeting, the board shall either certify the written agreement to
 1483  recall members of the board, in which case such members shall be
 1484  recalled effective immediately and shall turn over to the board,
 1485  within 5 full business days, any and all records and property of
 1486  the association in their possession, or shall proceed as
 1487  described in subparagraph 3.
 1488         3. If the board determines not to certify the written
 1489  agreement to recall members of the board, or does not certify
 1490  the recall by a vote at a meeting, the board shall, within 5
 1491  full business days after the board meeting, file with the
 1492  division a petition for binding arbitration pursuant to the
 1493  procedures of s. 723.1255. For purposes of this paragraph, the
 1494  members who voted at the meeting or who executed the agreement
 1495  in writing shall constitute one party under the petition for
 1496  arbitration. If the arbitrator certifies the recall of a member
 1497  of the board, the recall shall be effective upon mailing of the
 1498  final order of arbitration to the association. If the
 1499  association fails to comply with the order of the arbitrator,
 1500  the division may take action under s. 723.006. A member so
 1501  recalled shall deliver to the board any and all records and
 1502  property of the association in the member’s possession within 5
 1503  full business days after the effective date of the recall.
 1504         4. If the board fails to duly notice and hold a board
 1505  meeting within 5 full business days after service of an
 1506  agreement in writing or within 5 full business days after the
 1507  adjournment of the members’ recall meeting, the recall shall be
 1508  deemed effective and the board members so recalled shall
 1509  immediately turn over to the board all records and property of
 1510  the association.
 1511         5. If the board fails to duly notice and hold the required
 1512  meeting or fails to file the required petition, the member’s
 1513  representative may file a petition pursuant to s. 723.1255
 1514  challenging the board’s failure to act. The petition must be
 1515  filed within 60 days after expiration of the applicable 5-full
 1516  business-day period. The review of a petition under this
 1517  subparagraph is limited to the sufficiency of service on the
 1518  board and the facial validity of the written agreement or
 1519  ballots filed.
 1520         6. If a vacancy occurs on the board as a result of a recall
 1521  and less than a majority of the board members are removed, the
 1522  vacancy may be filled by the affirmative vote of a majority of
 1523  the remaining directors, notwithstanding any other provision of
 1524  this chapter. If vacancies occur on the board as a result of a
 1525  recall and a majority or more of the board members are removed,
 1526  the vacancies shall be filled in accordance with procedural
 1527  rules to be adopted by the division, which rules need not be
 1528  consistent with this chapter. The rules must provide procedures
 1529  governing the conduct of the recall election as well as the
 1530  operation of the association during the period after a recall
 1531  but before the recall election.
 1532         7. A board member who has been recalled may file a petition
 1533  pursuant to s. 723.1255 challenging the validity of the recall.
 1534  The petition must be filed within 60 days after the recall is
 1535  deemed certified. The association and the member’s
 1536  representative shall be named as the respondents.
 1537         8. The division may not accept for filing a recall
 1538  petition, whether or not filed pursuant to this subsection, and
 1539  regardless of whether the recall was certified, when there are
 1540  60 or fewer days until the scheduled reelection of the board
 1541  member sought to be recalled or when 60 or fewer days have not
 1542  elapsed since the election of the board member sought to be
 1543  recalled.
 1544         Section 32. Paragraphs (d) and (f) through (i) of
 1545  subsection (4) and subsection (5) of section 723.079, Florida
 1546  Statutes, are amended to read:
 1547         723.079 Powers and duties of homeowners’ association.—
 1548         (4) The association shall maintain the following items,
 1549  when applicable, which constitute the official records of the
 1550  association:
 1551         (d) The approved minutes of all meetings of the members of
 1552  an association and meetings open for members of, the board of
 1553  directors, and committees of the board, which minutes must be
 1554  retained within this the state for at least 5 7 years.
 1555         (f) All of the association’s insurance policies or copies
 1556  thereof, which must be retained within this state for at least 5
 1557  7 years after the expiration date of the policy.
 1558         (g) A copy of all contracts or agreements to which the
 1559  association is a party, including, without limitation, any
 1560  written agreements with the park owner, lease, or other
 1561  agreements or contracts under which the association or its
 1562  members has any obligation or responsibility, which must be
 1563  retained within this state for at least 5 7 years after the
 1564  expiration date of the contract or agreement.
 1565         (h) The financial and accounting records of the
 1566  association, kept according to good accounting practices. All
 1567  financial and accounting records must be maintained within this
 1568  state for a period of at least 5 7 years. The financial and
 1569  accounting records must include:
 1570         1. Accurate, itemized, and detailed records of all receipts
 1571  and expenditures.
 1572         2. A current account and a periodic statement of the
 1573  account for each member, designating the name and current
 1574  address of each member who is obligated to pay dues or
 1575  assessments, the due date and amount of each assessment or other
 1576  charge against the member, the date and amount of each payment
 1577  on the account, and the balance due.
 1578         3. All tax returns, financial statements, and financial
 1579  reports of the association.
 1580         4. Any other records that identify, measure, record, or
 1581  communicate financial information.
 1582         (i) All other written records of the association not
 1583  specifically included in the foregoing which are related to the
 1584  operation of the association must be retained within this state
 1585  for at least 5 years or at least 5 years after the expiration
 1586  date, as applicable.
 1587         (5) The official records shall be maintained within the
 1588  state for at least 7 years and shall be made available to a
 1589  member for inspection or photocopying within 20 10 business days
 1590  after receipt by the board or its designee of a written request
 1591  submitted by certified mail, return receipt requested. The
 1592  requirements of this subsection are satisfied by having a copy
 1593  of the official records available for inspection or copying in
 1594  the park or, at the option of the association, by making the
 1595  records available to a member electronically via the Internet or
 1596  by allowing the records to be viewed in electronic format on a
 1597  computer screen and printed upon request. If the association has
 1598  a photocopy machine available where the records are maintained,
 1599  it must provide a member with copies on request during the
 1600  inspection if the entire request is no more than 25 pages. An
 1601  association shall allow a member or his or her authorized
 1602  representative to use a portable device, including a smartphone,
 1603  tablet, portable scanner, or any other technology capable of
 1604  scanning or taking photographs, to make an electronic copy of
 1605  the official records in lieu of the association’s providing the
 1606  member or his or her authorized representative with a copy of
 1607  such records. The association may not charge a fee to a member
 1608  or his or her authorized representative for the use of a
 1609  portable device.
 1610         (a) The failure of an association to provide access to the
 1611  records within 20 10 business days after receipt of a written
 1612  request submitted by certified mail, return receipt requested,
 1613  creates a rebuttable presumption that the association willfully
 1614  failed to comply with this subsection.
 1615         (b) A member who is denied access to official records is
 1616  entitled to the actual damages or minimum damages for the
 1617  association’s willful failure to comply with this subsection in
 1618  the amount of. The minimum damages are to be $10 per calendar
 1619  day up to 10 days, not to exceed $100. The calculation for
 1620  damages begins to begin on the 21st 11th business day after
 1621  receipt of the written request, submitted by certified mail,
 1622  return receipt requested.
 1623         (c) A dispute between a member and an association regarding
 1624  inspecting or photocopying official records must be submitted to
 1625  mandatory binding arbitration with the division, and the
 1626  arbitration must be conducted pursuant to s. 723.1255 and
 1627  procedural rules adopted by the division.
 1628         (d) The association may adopt reasonable written rules
 1629  governing the frequency, time, location, notice, records to be
 1630  inspected, and manner of inspections, but may not require a
 1631  member to demonstrate a proper purpose for the inspection, state
 1632  a reason for the inspection, or limit a member’s right to
 1633  inspect records to less than 1 business day per month. The
 1634  association may impose fees to cover the costs of providing
 1635  copies of the official records, including the costs of copying
 1636  and for personnel to retrieve and copy the records if the time
 1637  spent retrieving and copying the records exceeds 30 minutes and
 1638  if the personnel costs do not exceed $20 per hour. Personnel
 1639  costs may not be charged for records requests that result in the
 1640  copying of 25 or fewer pages. The association may charge up to
 1641  25 cents per page for copies made on the association’s
 1642  photocopier. If the association does not have a photocopy
 1643  machine available where the records are kept, or if the records
 1644  requested to be copied exceed 25 pages in length, the
 1645  association may have copies made by an outside duplicating
 1646  service and may charge the actual cost of copying, as supported
 1647  by the vendor invoice. The association shall maintain an
 1648  adequate number of copies of the recorded governing documents,
 1649  to ensure their availability to members and prospective members.
 1650  Notwithstanding this paragraph, the following records are not
 1651  accessible to members or home owners:
 1652         1. A record protected by the lawyer-client privilege as
 1653  described in s. 90.502 and a record protected by the work
 1654  product privilege, including, but not limited to, a record
 1655  prepared by an association attorney or prepared at the
 1656  attorney’s express direction which reflects a mental impression,
 1657  conclusion, litigation strategy, or legal theory of the attorney
 1658  or the association and which was prepared exclusively for civil
 1659  or criminal litigation, for adversarial administrative
 1660  proceedings, or in anticipation of such litigation or
 1661  proceedings until the conclusion of the litigation or
 1662  proceedings.
 1663         2. E-mail addresses, telephone numbers, facsimile numbers,
 1664  emergency contact information, any addresses for a home owner
 1665  other than as provided for association notice requirements, and
 1666  other personal identifying information of any person, excluding
 1667  the person’s name, lot designation, mailing address, and
 1668  property address. Notwithstanding the restrictions in this
 1669  subparagraph, an association may print and distribute to home
 1670  owners a directory containing the name, park address, and
 1671  telephone number of each home owner. However, a home owner may
 1672  exclude his or her telephone number from the directory by so
 1673  requesting in writing to the association. The association is not
 1674  liable for the disclosure of information that is protected under
 1675  this subparagraph if the information is included in an official
 1676  record of the association and is voluntarily provided by a home
 1677  owner and not requested by the association.
 1678         3. An electronic security measure that is used by the
 1679  association to safeguard data, including passwords.
 1680         4. The software and operating system used by the
 1681  association which allows the manipulation of data, even if the
 1682  home owner owns a copy of the same software used by the
 1683  association. The data is part of the official records of the
 1684  association.
 1685         Section 33. Section 723.1255, Florida Statutes, is amended
 1686  to read:
 1687         723.1255 Alternative resolution of recall, election, and
 1688  inspection and photocopying of official records disputes.—
 1689         (1)A dispute between a mobile home owner and a homeowners’
 1690  association regarding the election and recall of officers or
 1691  directors under s. 723.078(2)(b) or regarding the inspection and
 1692  photocopying of official records under s. 723.079(5) must be
 1693  submitted to mandatory binding arbitration with the division.
 1694  The arbitration shall be conducted in accordance with this
 1695  section and the procedural rules adopted by the division.
 1696         (2)Each party shall be responsible for paying its own
 1697  attorney fees, expert and investigator fees, and associated
 1698  costs. The cost of the arbitrators shall be divided equally
 1699  between the parties regardless of the outcome.
 1700         (3)The division shall adopt procedural rules to govern
 1701  mandatory binding arbitration proceedings The Division of
 1702  Florida Condominiums, Timeshares, and Mobile Homes of the
 1703  Department of Business and Professional Regulation shall adopt
 1704  rules of procedure to govern binding recall arbitration
 1705  proceedings.
 1706         Section 34. For the purpose of incorporating the amendment
 1707  made by this act to section 420.5087, Florida Statutes, in a
 1708  reference thereto, paragraph (i) of subsection (22) of section
 1709  420.507, Florida Statutes, is reenacted to read:
 1710         420.507 Powers of the corporation.—The corporation shall
 1711  have all the powers necessary or convenient to carry out and
 1712  effectuate the purposes and provisions of this part, including
 1713  the following powers which are in addition to all other powers
 1714  granted by other provisions of this part:
 1715         (22) To develop and administer the State Apartment
 1716  Incentive Loan Program. In developing and administering that
 1717  program, the corporation may:
 1718         (i) Establish, by rule, the procedure for competitively
 1719  evaluating and selecting all applications for funding based on
 1720  the criteria set forth in s. 420.5087(6)(c), determining actual
 1721  loan amounts, making and servicing loans, and exercising the
 1722  powers authorized in this subsection.
 1723         Section 35. For the purpose of incorporating the amendment
 1724  made by this act to section 420.5095, Florida Statutes, in a
 1725  reference thereto, subsection (2) of section 193.018, Florida
 1726  Statutes, is reenacted to read:
 1727         193.018 Land owned by a community land trust used to
 1728  provide affordable housing; assessment; structural improvements,
 1729  condominium parcels, and cooperative parcels.—
 1730         (2) A community land trust may convey structural
 1731  improvements, condominium parcels, or cooperative parcels, that
 1732  are located on specific parcels of land that are identified by a
 1733  legal description contained in and subject to a ground lease
 1734  having a term of at least 99 years, for the purpose of providing
 1735  affordable housing to natural persons or families who meet the
 1736  extremely-low-income, very-low-income, low-income, or moderate
 1737  income limits specified in s. 420.0004, or the income limits for
 1738  workforce housing, as defined in s. 420.5095(3). A community
 1739  land trust shall retain a preemptive option to purchase any
 1740  structural improvements, condominium parcels, or cooperative
 1741  parcels on the land at a price determined by a formula specified
 1742  in the ground lease which is designed to ensure that the
 1743  structural improvements, condominium parcels, or cooperative
 1744  parcels remain affordable.
 1745         Section 36. This act shall take effect July 1, 2020.
 1746  
 1747  ================= T I T L E  A M E N D M E N T ================
 1748  And the title is amended as follows:
 1749         Delete everything before the enacting clause
 1750  and insert:
 1751                        A bill to be entitled                      
 1752         An act relating to community affairs; amending s.
 1753         125.01055, F.S.; adding linkage fee ordinances as land
 1754         use mechanisms that counties are authorized to adopt
 1755         and maintain; providing that affordable housing
 1756         linkage fee ordinances may require the payment of
 1757         certain fees; authorizing a board of county
 1758         commissioners to approve development of affordable
 1759         housing on any parcel zoned for residential,
 1760         commercial, or industrial use; amending s. 129.03,
 1761         F.S.; revising the information required to be annually
 1762         submitted by county budget officers to the Office of
 1763         Economic and Demographic Research; requiring certain
 1764         information to be included beginning in a specified
 1765         submission; amending s. 163.01, F.S.; amending the
 1766         Florida Interlocal Cooperation Act of 1969 to
 1767         authorize private entities to enter into specified
 1768         loan agreements; authorizing certain bond proceeds to
 1769         be loaned to private entities for specified types of
 1770         projects; providing that such loans are deemed a
 1771         paramount public purpose; amending s. 163.31771, F.S.;
 1772         revising conditions under which local governments are
 1773         authorized to adopt ordinances that allow accessory
 1774         dwelling units in any area zoned for single-family
 1775         residential use; amending s. 163.31801, F.S.;
 1776         requiring counties, municipalities, and special
 1777         districts to include certain data relating to impact
 1778         fees in their annual financial reports; amending s.
 1779         166.04151, F.S.; adding linkage fee ordinances as land
 1780         use mechanisms that municipalities are authorized to
 1781         adopt and maintain; providing that affordable housing
 1782         linkage fee ordinances may require the payment of
 1783         certain fees; authorizing governing bodies of
 1784         municipalities to approve the development of
 1785         affordable housing on any parcel zoned for
 1786         residential, commercial, or industrial use; amending
 1787         s. 166.241, F.S.; revising the information required to
 1788         be annually submitted by municipal budget officers to
 1789         the Office of Economic and Demographic Research;
 1790         requiring certain information to be included beginning
 1791         in a specified submission; amending s. 320.77, F.S.;
 1792         revising a certification requirement for mobile home
 1793         dealer applicants relating to the applicant’s business
 1794         location; amending s. 320.771, F.S.; exempting certain
 1795         recreational vehicle dealer applicants from a garage
 1796         liability insurance requirement; amending s. 320.822,
 1797         F.S.; revising the definition of the term “code”;
 1798         amending s. 320.8232, F.S.; revising applicable
 1799         standards for the repair and remodeling of mobile and
 1800         manufactured homes; amending s. 367.022, F.S.;
 1801         revising an exemption from regulation for certain
 1802         water service resellers; exempting certain mobile home
 1803         park and mobile home subdivision owners from
 1804         regulation by the Florida Public Service Commission
 1805         relating to water and wastewater systems; creating s.
 1806         420.518, F.S.; authorizing the preclusion of an
 1807         applicant or affiliate of an applicant from
 1808         participation in Florida Housing Finance Corporation
 1809         programs under certain conditions; authorizing the
 1810         board of directors of the corporation to preclude the
 1811         applicant for a period of time or revoke the
 1812         applicant’s funding; requiring that an administrative
 1813         complaint be served before an order is issued;
 1814         authorizing the corporation to suspend certain
 1815         funding, allocations of federal housing credits,
 1816         credit underwriting procedures, or application
 1817         reviews; providing requirements for such suspensions;
 1818         amending s. 420.5087, F.S.; revising the criteria used
 1819         by a review committee when evaluating and selecting
 1820         specified applications for state apartment incentive
 1821         loans; authorizing the corporation to prioritize a
 1822         portion of the State Apartment Incentive Loan funding
 1823         set aside for certain purposes; requiring that such
 1824         funding be used for housing for certain persons in
 1825         foster care or persons aging out of foster care;
 1826         providing requirements for such housing; requiring the
 1827         corporation to consult with the Department of Children
 1828         and Families to create minimum criteria for such
 1829         housing; amending s. 420.5095, F.S.; revising
 1830         legislative findings; renaming the Community Workforce
 1831         Housing Innovation Pilot Program as the Community
 1832         Workforce Housing Loan Program to provide workforce
 1833         housing for persons affected by the high cost of
 1834         housing; revising the definition of the term
 1835         “workforce housing”; deleting the definition of the
 1836         term “public-private partnership”; authorizing the
 1837         corporation to provide loans under the program to
 1838         applicants for construction of workforce housing;
 1839         requiring the corporation to establish a certain loan
 1840         application process; deleting provisions requiring the
 1841         corporation to provide incentives for local
 1842         governments to use certain funds; requiring projects
 1843         to receive priority consideration for funding under
 1844         certain circumstances; deleting provisions providing
 1845         for the expedition of local government comprehensive
 1846         plan amendments to implement a program project;
 1847         requiring that the corporation award loans at a
 1848         specified interest rate and for a limited term;
 1849         conforming provisions to changes made by the act;
 1850         deleting a provision authorizing the corporation to
 1851         use a maximum percentage of a specified appropriation
 1852         for administration and compliance; amending s.
 1853         420.531, F.S.; specifying that technical support
 1854         provided to local governments and community-based
 1855         organizations includes implementation of the State
 1856         Apartment Incentive Loan Program; requiring the entity
 1857         providing training and technical assistance to convene
 1858         and administer biannual workshops; providing
 1859         requirements for such workshops; requiring such entity
 1860         to annually compile and submit certain information to
 1861         the Legislature and the corporation by a specified
 1862         date; amending s. 420.9071, F.S.; revising the
 1863         definition of the term “affordable”; amending s.
 1864         420.9075, F.S.; revising requirements for reports
 1865         submitted to the corporation by counties and certain
 1866         municipalities; amending s. 420.9076, F.S.; beginning
 1867         on a specified date, revising the membership of local
 1868         affordable housing advisory committees; requiring the
 1869         committees to perform specified duties annually
 1870         instead of triennially; revising duties of the
 1871         committees; requiring locally elected officials
 1872         serving on advisory committees, or their designees, to
 1873         attend biannual regional workshops; providing a
 1874         penalty; amending s. 553.791, F.S.; revising a
 1875         prohibition against auditing certain private providers
 1876         more than a specified number of times per month under
 1877         certain conditions; amending s. 723.011, F.S.;
 1878         providing that a mobile home owner may be required to
 1879         install permanent improvements as disclosed in the
 1880         mobile home park prospectus; amending s. 723.012,
 1881         F.S.; requiring a mobile home park owner to amend its
 1882         prospectus under certain circumstances; requiring a
 1883         mobile home park owner to increase shared facilities
 1884         under certain circumstances; providing a requirement
 1885         for the prospectus amendment; prohibiting certain
 1886         costs and expenses from being passed on or passed
 1887         through to existing mobile home owners; amending s.
 1888         723.023, F.S.; revising general obligations for mobile
 1889         home owners; amending s. 723.031, F.S.; revising
 1890         construction relating to a mobile home park owner’s
 1891         disclosure of certain taxes and assessments;
 1892         prohibiting a mobile home park owner from charging or
 1893         collecting certain taxes or charges in excess of a
 1894         certain amount; amending s. 723.037, F.S.; authorizing
 1895         mobile home park owners to give notice of lot rental
 1896         increases for multiple anniversary dates in one
 1897         notice; providing construction; revising a requirement
 1898         for a lot rental negotiation committee; amending s.
 1899         723.041, F.S.; providing that a mobile home park
 1900         damaged or destroyed due to natural force may be
 1901         rebuilt with the same density as previously approved,
 1902         permitted, and built; providing construction; amending
 1903         s. 723.042, F.S.; revising conditions under which a
 1904         person is required by a mobile home park owner or
 1905         developer to provide improvements as a condition of
 1906         residence in a mobile home park; amending s. 723.059,
 1907         F.S.; authorizing certain mobile home purchasers to
 1908         assume the seller’s prospectus; authorizing a mobile
 1909         home park owner to offer a purchaser any approved
 1910         prospectus; amending s. 723.061, F.S.; revising
 1911         requirements related to the provision of eviction
 1912         notices by mobile home park owners to specified
 1913         entities; specifying the waiver and nonwaiver of
 1914         certain rights of mobile home park owners under
 1915         certain circumstances; requiring the accounting at
 1916         final hearing of rents received; amending s. 723.076,
 1917         F.S.; providing a notice requirement for homeowners’
 1918         associations to mobile home park owners after the
 1919         election or appointment of new officers or board
 1920         members; amending s. 723.078, F.S.; revising
 1921         requirements for homeowners’ association board
 1922         elections and ballots; requiring an impartial
 1923         committee to be responsible for overseeing the
 1924         election process and complying with ballot
 1925         requirements; defining the term “impartial committee”;
 1926         requiring that association bylaws provide a method for
 1927         determining the winner of an election under certain
 1928         circumstances; requiring the division to adopt
 1929         procedural rules; revising the types of meetings that
 1930         are not required to be open to members; providing an
 1931         exception to a requirement for an officer of an
 1932         association to provide an affidavit affirming certain
 1933         information; authorizing meeting notices to be
 1934         provided by electronic means; providing that the
 1935         minutes of certain board and committee meetings are
 1936         privileged and confidential; conforming provisions to
 1937         changes made by the act; amending s. 723.079, F.S.;
 1938         revising homeowners’ association recordkeeping
 1939         requirements; revising the timeframes during which
 1940         certain records are required to be retained and be
 1941         made available for inspection or photocopying;
 1942         limiting the amount of damages for which an
 1943         association is liable when a member is denied access
 1944         to official records; requiring that certain disputes
 1945         be submitted to mandatory binding arbitration with the
 1946         division; providing requirements for such arbitration;
 1947         amending s. 723.1255, F.S.; requiring that certain
 1948         disputes be submitted to mandatory binding arbitration
 1949         with the division; providing requirements for such
 1950         arbitration and responsibility for fees and costs;
 1951         requiring the division to adopt procedural rules;
 1952         reenacting s. 420.507(22)(i), F.S., relating to powers
 1953         of the Florida Housing Finance Corporation, to
 1954         incorporate the amendment made to s. 420.5087, F.S.,
 1955         in a reference thereto; reenacting s. 193.018(2),
 1956         F.S., relating to land owned by a community land trust
 1957         used to provide affordable housing, to incorporate the
 1958         amendment made to s. 420.5095, F.S., in a reference
 1959         thereto; providing an effective date.