Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 998
       
       
       
       
       
       
                                Ì911204jÎ911204                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/19/2020           .                                
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       The Committee on Infrastructure and Security (Hutson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 122 - 1017
    4  and insert:
    5         Section 2. Subsections (3) and (4) of section 163.31771,
    6  Florida Statutes, are amended to read:
    7         163.31771 Accessory dwelling units.—
    8         (3) A Upon a finding by a local government that there is a
    9  shortage of affordable rentals within its jurisdiction, the
   10  local government may adopt an ordinance to allow accessory
   11  dwelling units in any area zoned for single-family residential
   12  use.
   13         (4) If the local government adopts an ordinance under this
   14  section, An application for a building permit to construct an
   15  accessory dwelling unit must include an affidavit from the
   16  applicant which attests that the unit will be rented at an
   17  affordable rate to an extremely-low-income, very-low-income,
   18  low-income, or moderate-income person or persons.
   19         Section 3. Subsection (10) is added to section 163.31801,
   20  Florida Statutes, to read:
   21         163.31801 Impact fees; short title; intent; minimum
   22  requirements; audits; challenges.—
   23         (10) In addition to the items that must be reported in the
   24  annual financial reports under s. 218.32, a county,
   25  municipality, or special district must report all of the
   26  following data on all impact fees charged:
   27         (a)The specific purpose of the impact fee, including the
   28  specific infrastructure needs to be met, including, but not
   29  limited to, transportation, parks, water, sewer, and schools.
   30         (b)The impact fee schedule policy describing the method of
   31  calculating impact fees, such as flat fees, tiered scales based
   32  on number of bedrooms, or tiered scales based on square footage.
   33         (c)The amount assessed for each purpose and for each type
   34  of dwelling.
   35         (d)The total amount of impact fees charged by type of
   36  dwelling.
   37         Section 4. Subsection (4) is added to section 166.04151,
   38  Florida Statutes, to read:
   39         166.04151 Affordable housing.—
   40         (4) Notwithstanding any other law or local ordinance or
   41  regulation to the contrary, the governing body of a municipality
   42  may approve the development of housing that is affordable, as
   43  defined in s. 420.0004, on any parcel zoned for residential,
   44  commercial, or industrial use.
   45         Section 5. Subsection (5) of section 196.196, Florida
   46  Statutes, is amended to read:
   47         196.196 Determining whether property is entitled to
   48  charitable, religious, scientific, or literary exemption.—
   49         (5)(a) Property owned by an exempt organization qualified
   50  as charitable under s. 501(c)(3) of the Internal Revenue Code,
   51  and property owned by a person granted an exemption under
   52  paragraph (b), is used for a charitable purpose if the
   53  organization or person has taken affirmative steps to prepare
   54  the property to provide affordable housing to persons or
   55  families that meet the extremely-low-income, very-low-income,
   56  low-income, or moderate-income limits, as specified in s.
   57  420.0004. The term “affirmative steps” means environmental or
   58  land use permitting activities, creation of architectural plans
   59  or schematic drawings, land clearing or site preparation,
   60  construction or renovation activities, or other similar
   61  activities that demonstrate a commitment of the property to
   62  providing affordable housing.
   63         (b)The board of county commissioners of any county, or the
   64  governing authority of any municipality, may adopt an ordinance
   65  to grant an ad valorem tax exemption under s. 3, Art. VII of the
   66  State Constitution, for property used for the charitable purpose
   67  of providing affordable housing, if the person owning such
   68  property has taken affirmative steps as defined in paragraph (a)
   69  to prepare the property to provide affordable housing to persons
   70  or families that meet the extremely-low-income, very-low-income,
   71  low-income, or moderate-income limits, as specified in s.
   72  420.0004.
   73         (c)(b)1. If property owned by an organization or person
   74  granted an exemption under this subsection is transferred for a
   75  purpose other than directly providing affordable homeownership
   76  or rental housing to persons or families who meet the extremely
   77  low-income, very-low-income, low-income, or moderate-income
   78  limits, as specified in s. 420.0004, or is not in actual use to
   79  provide such affordable housing within 5 years after the date
   80  the organization or person is granted the exemption, the
   81  property appraiser making such determination shall serve upon
   82  the organization or person that illegally or improperly received
   83  the exemption a notice of intent to record in the public records
   84  of the county a notice of tax lien against any property owned by
   85  that organization or person in the county, and such property
   86  must shall be identified in the notice of tax lien. The
   87  organization or person owning such property is subject to the
   88  taxes otherwise due and owing as a result of the failure to use
   89  the property to provide affordable housing plus 15 percent
   90  interest per annum and a penalty of 50 percent of the taxes
   91  owed.
   92         2. Such lien, when filed, attaches to any property
   93  identified in the notice of tax lien owned by the organization
   94  or person that illegally or improperly received the exemption.
   95  If such organization or person no longer owns property in the
   96  county but owns property in any other county in the state, the
   97  property appraiser shall record in each such other county a
   98  notice of tax lien identifying the property owned by such
   99  organization or person in such county which shall become a lien
  100  against the identified property. Before any such lien may be
  101  filed, the organization or person so notified must be given 30
  102  days to pay the taxes, penalties, and interest.
  103         3. If an exemption is improperly granted as a result of a
  104  clerical mistake or an omission by the property appraiser, the
  105  organization or person improperly receiving the exemption shall
  106  not be assessed a penalty or interest.
  107         4. The 5-year limitation specified in this subsection may
  108  be extended if the holder of the exemption continues to take
  109  affirmative steps to develop the property for the purposes
  110  specified in this subsection.
  111         Section 6. Subsection (1) of section 196.1978, Florida
  112  Statutes, is amended to read:
  113         196.1978 Affordable housing property exemption.—
  114         (1) Property used to provide affordable housing to eligible
  115  persons as defined by s. 159.603 and natural persons or families
  116  meeting the extremely-low-income, very-low-income, low-income,
  117  or moderate-income limits specified in s. 420.0004, which is
  118  owned entirely by a nonprofit entity that is a corporation not
  119  for profit, qualified as charitable under s. 501(c)(3) of the
  120  Internal Revenue Code and in compliance with Rev. Proc. 96-32,
  121  1996-1 C.B. 717, is considered property owned by an exempt
  122  entity and used for a charitable purpose, and those portions of
  123  the affordable housing property that provide housing to natural
  124  persons or families classified as extremely low income, very low
  125  income, low income, or moderate income under s. 420.0004 are
  126  exempt from ad valorem taxation to the extent authorized under
  127  s. 196.196. Units that are vacant or that are occupied by
  128  tenants who were natural persons or families meeting the
  129  extremely-low-income, very-low-income, low-income, or moderate
  130  income limits specified in s. 420.0004 at the time they
  131  initially became tenants, but who no longer meet those income
  132  limits, shall be treated as portions of the property exempt from
  133  ad valorem taxation under s. 196.196 provided that the property
  134  is subject to a recorded land use restriction agreement in favor
  135  of the Florida Housing Finance Agency or any other governmental
  136  or quasi-governmental jurisdiction. All property identified in
  137  this section must comply with the criteria provided under s.
  138  196.195 for determining exempt status and applied by property
  139  appraisers on an annual basis. The Legislature intends that any
  140  property owned by one or more limited liability companies or
  141  limited partnerships, each of which is a limited liability
  142  company which is disregarded as an entity for federal income tax
  143  purposes pursuant to Treasury Regulation 301.7701-3(b)(1)(ii)
  144  shall be treated as owned by the ultimate its sole member s.
  145  501(c)(3) nonprofit corporation.
  146         Section 7. Paragraph (h) of subsection (3) of section
  147  320.77, Florida Statutes, is amended to read:
  148         320.77 License required of mobile home dealers.—
  149         (3) APPLICATION.—The application for such license shall be
  150  in the form prescribed by the department and subject to such
  151  rules as may be prescribed by it. The application shall be
  152  verified by oath or affirmation and shall contain:
  153         (h) Certification by the applicant:
  154         1. That the location is a permanent one, not a tent or a
  155  temporary stand or other temporary quarters.; and,
  156         2. Except in the case of a mobile home broker, that the
  157  location affords sufficient unoccupied space to display store
  158  all mobile homes offered and displayed for sale. A space to
  159  display a manufactured home as a model home is sufficient to
  160  satisfy this requirement.; and that The location must be is a
  161  suitable place in which the applicant can in good faith carry on
  162  business and keep and maintain books, records, and files
  163  necessary to conduct such business, which must will be available
  164  at all reasonable hours to inspection by the department or any
  165  of its inspectors or other employees.
  166  
  167  This paragraph does subsection shall not preclude a licensed
  168  mobile home dealer from displaying and offering for sale mobile
  169  homes in a mobile home park.
  170  
  171  The department shall, if it deems necessary, cause an
  172  investigation to be made to ascertain if the facts set forth in
  173  the application are true and shall not issue a license to the
  174  applicant until it is satisfied that the facts set forth in the
  175  application are true.
  176         Section 8. Paragraph (j) of subsection (3) of section
  177  320.771, Florida Statutes, is amended to read:
  178         320.771 License required of recreational vehicle dealers.—
  179         (3) APPLICATION.—The application for such license shall be
  180  in the form prescribed by the department and subject to such
  181  rules as may be prescribed by it. The application shall be
  182  verified by oath or affirmation and shall contain:
  183         (j) A statement that the applicant is insured under a
  184  garage liability insurance policy, which shall include, at a
  185  minimum, $25,000 combined single-limit liability coverage,
  186  including bodily injury and property damage protection, and
  187  $10,000 personal injury protection, if the applicant is to be
  188  licensed as a dealer in, or intends to sell, recreational
  189  vehicles. However, a garage liability policy is not required for
  190  the licensure of a mobile home dealer who sells only park
  191  trailers.
  192  
  193  The department shall, if it deems necessary, cause an
  194  investigation to be made to ascertain if the facts set forth in
  195  the application are true and shall not issue a license to the
  196  applicant until it is satisfied that the facts set forth in the
  197  application are true.
  198         Section 9. Paragraph (c) of subsection (2) of section
  199  320.822, Florida Statutes, is amended to read:
  200         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
  201  320.822-320.862, unless the context otherwise requires, the
  202  following words or phrases have the following meanings:
  203         (2) “Code” means the appropriate standards found in:
  204         (c) The Mobile and Manufactured Home Repair and Remodeling
  205  Code and the Used Recreational Vehicle Code.
  206         Section 10. Subsection (2) of section 320.8232, Florida
  207  Statutes, is amended to read:
  208         320.8232 Establishment of uniform standards for used
  209  recreational vehicles and repair and remodeling code for mobile
  210  homes.—
  211         (2) The Mobile and Manufactured Home provisions of the
  212  Repair and Remodeling Code must be a uniform code, must shall
  213  ensure safe and livable housing, and may shall not be more
  214  stringent than those standards required to be met in the
  215  manufacture of mobile homes. Such code must provisions shall
  216  include, but not be limited to, standards for structural
  217  adequacy, plumbing, heating, electrical systems, and fire and
  218  life safety. All repairs and remodeling of mobile and
  219  manufactured homes must be performed in accordance with
  220  department rules.
  221         Section 11. Subsection (9) of section 367.022, Florida
  222  Statutes, is amended, and subsection (14) is added to that
  223  section, to read:
  224         367.022 Exemptions.—The following are not subject to
  225  regulation by the commission as a utility nor are they subject
  226  to the provisions of this chapter, except as expressly provided:
  227         (9) Any person who resells water service to his or her
  228  tenants or to individually metered residents for a fee that does
  229  not exceed the actual purchase price of the water and wastewater
  230  service plus the actual cost of meter reading and billing, not
  231  to exceed 9 percent of the actual cost of service.
  232         (14) The owner of a mobile home park operating both as a
  233  mobile home park and a mobile home subdivision, as those terms
  234  are defined in s. 723.003, who provides service within the park
  235  and subdivision to a combination of both tenants and lot owners,
  236  provided that the service to tenants is without specific
  237  compensation.
  238         Section 12. Paragraph (c) of subsection (6) of section
  239  420.5087, Florida Statutes, is amended to read:
  240         420.5087 State Apartment Incentive Loan Program.—There is
  241  hereby created the State Apartment Incentive Loan Program for
  242  the purpose of providing first, second, or other subordinated
  243  mortgage loans or loan guarantees to sponsors, including for
  244  profit, nonprofit, and public entities, to provide housing
  245  affordable to very-low-income persons.
  246         (6) On all state apartment incentive loans, except loans
  247  made to housing communities for the elderly to provide for
  248  lifesafety, building preservation, health, sanitation, or
  249  security-related repairs or improvements, the following
  250  provisions shall apply:
  251         (c) The corporation shall provide by rule for the
  252  establishment of a review committee for the competitive
  253  evaluation and selection of applications submitted in this
  254  program, including, but not limited to, the following criteria:
  255         1. Tenant income and demographic targeting objectives of
  256  the corporation.
  257         2. Targeting objectives of the corporation which will
  258  ensure an equitable distribution of loans between rural and
  259  urban areas.
  260         3. Sponsor’s agreement to reserve the units for persons or
  261  families who have incomes below 50 percent of the state or local
  262  median income, whichever is higher, for a time period that
  263  exceeds the minimum required by federal law or this part.
  264         4. Sponsor’s agreement to reserve more than:
  265         a. Twenty percent of the units in the project for persons
  266  or families who have incomes that do not exceed 50 percent of
  267  the state or local median income, whichever is higher; or
  268         b. Forty percent of the units in the project for persons or
  269  families who have incomes that do not exceed 60 percent of the
  270  state or local median income, whichever is higher, without
  271  requiring a greater amount of the loans as provided in this
  272  section.
  273         5. Provision for tenant counseling.
  274         6. Sponsor’s agreement to accept rental assistance
  275  certificates or vouchers as payment for rent.
  276         7. Projects requiring the least amount of a state apartment
  277  incentive loan compared to overall project cost, except that the
  278  share of the loan attributable to units serving extremely-low
  279  income persons must be excluded from this requirement.
  280         8. Local government contributions and local government
  281  comprehensive planning and activities that promote affordable
  282  housing and policies that promote access to public
  283  transportation, reduce the need for onsite parking, and expedite
  284  permits for affordable housing projects.
  285         9. Project feasibility.
  286         10. Economic viability of the project.
  287         11. Commitment of first mortgage financing.
  288         12. Sponsor’s prior experience.
  289         13. Sponsor’s ability to proceed with construction.
  290         14. Projects that directly implement or assist welfare-to
  291  work transitioning.
  292         15. Projects that reserve units for extremely-low-income
  293  persons.
  294         16. Projects that include green building principles, storm
  295  resistant construction, or other elements that reduce long-term
  296  costs relating to maintenance, utilities, or insurance.
  297         17. Job-creation rate of the developer and general
  298  contractor, as provided in s. 420.507(47).
  299         Section 13. Section 420.5095, Florida Statutes, is amended
  300  to read:
  301         420.5095 Community Workforce Housing Loan Innovation Pilot
  302  Program.—
  303         (1) The Legislature finds and declares that recent rapid
  304  increases in the median purchase price of a home and the cost of
  305  rental housing have far outstripped the increases in median
  306  income in the state, preventing essential services personnel
  307  from living in the communities where they serve and thereby
  308  creating the need for innovative solutions for the provision of
  309  housing opportunities for essential services personnel.
  310         (2) The Community Workforce Housing Loan Innovation Pilot
  311  Program is created to provide affordable rental and home
  312  ownership community workforce housing for persons essential
  313  services personnel affected by the high cost of housing, using
  314  regulatory incentives and state and local funds to promote local
  315  public-private partnerships and leverage government and private
  316  resources.
  317         (3) For purposes of this section, the term:
  318         (a) “workforce housing” means housing affordable to natural
  319  persons or families whose total annual household income does not
  320  exceed 80 140 percent of the area median income, adjusted for
  321  household size, or 120 150 percent of area median income,
  322  adjusted for household size, in areas of critical state concern
  323  designated under s. 380.05, for which the Legislature has
  324  declared its intent to provide affordable housing, and areas
  325  that were designated as areas of critical state concern for at
  326  least 20 consecutive years before prior to removal of the
  327  designation.
  328         (b) “Public-private partnership” means any form of business
  329  entity that includes substantial involvement of at least one
  330  county, one municipality, or one public sector entity, such as a
  331  school district or other unit of local government in which the
  332  project is to be located, and at least one private sector for
  333  profit or not-for-profit business or charitable entity, and may
  334  be any form of business entity, including a joint venture or
  335  contractual agreement.
  336         (4) The Florida Housing Finance Corporation is authorized
  337  to provide loans under the Community Workforce Housing
  338  Innovation Pilot program loans to applicants an applicant for
  339  construction or rehabilitation of workforce housing in eligible
  340  areas. This funding is intended to be used with other public and
  341  private sector resources.
  342         (5) The corporation shall establish a loan application
  343  process under s. 420.5087 by rule which includes selection
  344  criteria, an application review process, and a funding process.
  345  The corporation shall also establish an application review
  346  committee that may include up to three private citizens
  347  representing the areas of housing or real estate development,
  348  banking, community planning, or other areas related to the
  349  development or financing of workforce and affordable housing.
  350         (a) The selection criteria and application review process
  351  must include a procedure for curing errors in the loan
  352  applications which do not make a substantial change to the
  353  proposed project.
  354         (b) To achieve the goals of the pilot program, the
  355  application review committee may approve or reject loan
  356  applications or responses to questions raised during the review
  357  of an application due to the insufficiency of information
  358  provided.
  359         (c) The application review committee shall make
  360  recommendations concerning program participation and funding to
  361  the corporation’s board of directors.
  362         (d) The board of directors shall approve or reject loan
  363  applications, determine the tentative loan amount available to
  364  each applicant, and rank all approved applications.
  365         (e) The board of directors shall decide which approved
  366  applicants will become program participants and determine the
  367  maximum loan amount for each program participant.
  368         (6) The corporation shall provide incentives for local
  369  governments in eligible areas to use local affordable housing
  370  funds, such as those from the State Housing Initiatives
  371  Partnership Program, to assist in meeting the affordable housing
  372  needs of persons eligible under this program. Local governments
  373  are authorized to use State Housing Initiative Partnership
  374  Program funds for persons or families whose total annual
  375  household income does not exceed:
  376         (a) One hundred and forty percent of the area median
  377  income, adjusted for household size; or
  378         (b) One hundred and fifty percent of the area median
  379  income, adjusted for household size, in areas that were
  380  designated as areas of critical state concern for at least 20
  381  consecutive years prior to the removal of the designation and in
  382  areas of critical state concern, designated under s. 380.05, for
  383  which the Legislature has declared its intent to provide
  384  affordable housing.
  385         (7) Funding shall be targeted to innovative projects in
  386  areas where the disparity between the area median income and the
  387  median sales price for a single-family home is greatest, and
  388  where population growth as a percentage rate of increase is
  389  greatest. The corporation may also fund projects in areas where
  390  innovative regulatory and financial incentives are made
  391  available. The corporation shall fund at least one eligible
  392  project in as many counties and regions of the state as is
  393  practicable, consistent with program goals.
  394         (6)(8) Projects must be given shall receive priority
  395  consideration for funding if where:
  396         (a) the local jurisdiction has adopted, or is committed to
  397  adopting, appropriate regulatory incentives, or the local
  398  jurisdiction or public-private partnership has adopted or is
  399  committed to adopting local contributions or financial
  400  strategies, or other funding sources to promote the development
  401  and ongoing financial viability of such projects. Local
  402  incentives include such actions as expediting review of
  403  development orders and permits, supporting development near
  404  transportation hubs and major employment centers, and adopting
  405  land development regulations designed to allow flexibility in
  406  densities, use of accessory units, mixed-use developments, and
  407  flexible lot configurations. Financial strategies include such
  408  actions as promoting employer-assisted housing programs,
  409  providing tax increment financing, and providing land.
  410         (b) Projects are innovative and include new construction or
  411  rehabilitation; mixed-income housing; commercial and housing
  412  mixed-use elements; innovative design; green building
  413  principles; storm-resistant construction; or other elements that
  414  reduce long-term costs relating to maintenance, utilities, or
  415  insurance and promote homeownership. The program funding may not
  416  exceed the costs attributable to the portion of the project that
  417  is set aside to provide housing for the targeted population.
  418         (c)Projects that set aside at least 80 percent of units
  419  for workforce housing and at least 50 percent for essential
  420  services personnel and for projects that require the least
  421  amount of program funding compared to the overall housing costs
  422  for the project.
  423         (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
  424  government comprehensive plan amendment to implement a Community
  425  Workforce Housing Innovation Pilot Program project found
  426  consistent with this section shall be expedited as provided in
  427  this subsection. At least 30 days prior to adopting a plan
  428  amendment under this subsection, the local government shall
  429  notify the state land planning agency of its intent to adopt
  430  such an amendment, and the notice shall include its evaluation
  431  related to site suitability and availability of facilities and
  432  services. The public notice of the hearing required by s.
  433  163.3184(11)(b)2. shall include a statement that the local
  434  government intends to use the expedited adoption process
  435  authorized by this subsection. Such amendments shall require
  436  only a single public hearing before the governing board, which
  437  shall be an adoption hearing as described in s. 163.3184(4)(e).
  438  Any further proceedings shall be governed by s. 163.3184(5)
  439  (13).
  440         (10) The processing of approvals of development orders or
  441  development permits, as defined in s. 163.3164, for innovative
  442  community workforce housing projects shall be expedited.
  443         (7)(11) The corporation shall award loans with a 1 interest
  444  rates set at 1 to 3 percent interest rate for a term that does
  445  not exceed 15 years, which may be made forgivable when long-term
  446  affordability is provided and when at least 80 percent of the
  447  units are set aside for workforce housing and at least 50
  448  percent of the units are set aside for essential services
  449  personnel.
  450         (12) All eligible applications shall:
  451         (a) For home ownership, limit the sales price of a detached
  452  unit, townhome, or condominium unit to not more than 90 percent
  453  of the median sales price for that type of unit in that county,
  454  or the statewide median sales price for that type of unit,
  455  whichever is higher, and require that all eligible purchasers of
  456  home ownership units occupy the homes as their primary
  457  residence.
  458         (b) For rental units, restrict rents for all workforce
  459  housing serving those with incomes at or below 120 percent of
  460  area median income at the appropriate income level using the
  461  restricted rents for the federal low-income housing tax credit
  462  program and, for workforce housing units serving those with
  463  incomes above 120 percent of area median income, restrict rents
  464  to those established by the corporation, not to exceed 30
  465  percent of the maximum household income adjusted to unit size.
  466         (c) Demonstrate that the applicant is a public-private
  467  partnership in an agreement, contract, partnership agreement,
  468  memorandum of understanding, or other written instrument signed
  469  by all the project partners.
  470         (d) Have grants, donations of land, or contributions from
  471  the public-private partnership or other sources collectively
  472  totaling at least 10 percent of the total development cost or $2
  473  million, whichever is less. Such grants, donations of land, or
  474  contributions must be evidenced by a letter of commitment,
  475  agreement, contract, deed, memorandum of understanding, or other
  476  written instrument at the time of application. Grants, donations
  477  of land, or contributions in excess of 10 percent of the
  478  development cost shall increase the application score.
  479         (e) Demonstrate how the applicant will use the regulatory
  480  incentives and financial strategies outlined in subsection (8)
  481  from the local jurisdiction in which the proposed project is to
  482  be located. The corporation may consult with the Department of
  483  Economic Opportunity in evaluating the use of regulatory
  484  incentives by applicants.
  485         (f) Demonstrate that the applicant possesses title to or
  486  site control of land and evidences availability of required
  487  infrastructure.
  488         (g) Demonstrate the applicant’s affordable housing
  489  development and management experience.
  490         (h) Provide any research or facts available supporting the
  491  demand and need for rental or home ownership workforce housing
  492  for eligible persons in the market in which the project is
  493  proposed.
  494         (13) Projects may include manufactured housing constructed
  495  after June 1994 and installed in accordance with mobile home
  496  installation standards of the Department of Highway Safety and
  497  Motor Vehicles.
  498         (8)(14) The corporation may adopt rules pursuant to ss.
  499  120.536(1) and 120.54 to implement this section.
  500         (15) The corporation may use a maximum of 2 percent of the
  501  annual program appropriation for administration and compliance
  502  monitoring.
  503         (16) The corporation shall review the success of the
  504  Community Workforce Housing Innovation Pilot Program to
  505  ascertain whether the projects financed by the program are
  506  useful in meeting the housing needs of eligible areas and shall
  507  include its findings in the annual report required under s.
  508  420.511(3).
  509         Section 14. Section 420.531, Florida Statutes, is amended
  510  to read:
  511         420.531 Affordable Housing Catalyst Program.—
  512         (1) The corporation shall operate the Affordable Housing
  513  Catalyst Program for the purpose of securing the expertise
  514  necessary to provide specialized technical support to local
  515  governments and community-based organizations to implement the
  516  HOME Investment Partnership Program, State Apartment Incentive
  517  Loan Program, State Housing Initiatives Partnership Program, and
  518  other affordable housing programs. To the maximum extent
  519  feasible, the entity to provide the necessary expertise must be
  520  recognized by the Internal Revenue Service as a nonprofit tax
  521  exempt organization. It must have as its primary mission the
  522  provision of affordable housing training and technical
  523  assistance, an ability to provide training and technical
  524  assistance statewide, and a proven track record of successfully
  525  providing training and technical assistance under the Affordable
  526  Housing Catalyst Program. The technical support shall, at a
  527  minimum, include training relating to the following key elements
  528  of the partnership programs:
  529         (a)(1) Formation of local and regional housing partnerships
  530  as a means of bringing together resources to provide affordable
  531  housing.
  532         (b)(2) Implementation of regulatory reforms to reduce the
  533  risk and cost of developing affordable housing.
  534         (c)(3) Implementation of affordable housing programs
  535  included in local government comprehensive plans.
  536         (d)(4) Compliance with requirements of federally funded
  537  housing programs.
  538         (2) In consultation with the corporation, the entity
  539  providing statewide training and technical assistance shall
  540  convene and administer biannual, regional workshops for the
  541  locally elected officials serving on affordable housing advisory
  542  committees as provided in s. 420.9076. The regional workshops
  543  may be conducted through teleconferencing or other technological
  544  means and must include processes and programming that facilitate
  545  peer-to-peer identification and sharing of best affordable
  546  housing practices among the locally elected officials. Annually,
  547  calendar year reports summarizing the deliberations, actions,
  548  and recommendations of each region, as well as the attendance
  549  records of locally elected officials, must be compiled by the
  550  entity providing statewide training and technical assistance for
  551  the Affordable Housing Catalyst Program and must be submitted to
  552  the President of the Senate, the Speaker of the House of
  553  Representatives, and the corporation by March 31 of the
  554  following year.
  555         Section 15. Present subsection (7) of section 420.9073,
  556  Florida Statutes, is redesignated as subsection (8), and a new
  557  subsection (7) is added to that section, to read:
  558         420.9073 Local housing distributions.—
  559         (7) Notwithstanding subsections (1)-(4), the corporation
  560  may prioritize a portion of the State Apartment Incentive Loan
  561  Program funds set aside under s. 420.5087(3)(d) for persons with
  562  special needs as defined in s. 420.0004(13) to provide funding
  563  for the development of newly constructed permanent rental
  564  housing on a campus that provides housing for persons in foster
  565  care or persons aging out of foster care pursuant to s.
  566  409.1451. Such housing shall promote and facilitate access to
  567  community-based supportive, educational, and employment services
  568  and resources that assist persons aging out of foster care to
  569  successfully transition to independent living and adulthood. The
  570  corporation must consult with the Department of Children and
  571  Families to create minimum criteria for such housing.
  572         Section 16. Paragraph (j) is added to subsection (10) of
  573  section 420.9075, Florida Statutes, to read:
  574         420.9075 Local housing assistance plans; partnerships.—
  575         (10) Each county or eligible municipality shall submit to
  576  the corporation by September 15 of each year a report of its
  577  affordable housing programs and accomplishments through June 30
  578  immediately preceding submittal of the report. The report shall
  579  be certified as accurate and complete by the local government’s
  580  chief elected official or his or her designee. Transmittal of
  581  the annual report by a county’s or eligible municipality’s chief
  582  elected official, or his or her designee, certifies that the
  583  local housing incentive strategies, or, if applicable, the local
  584  housing incentive plan, have been implemented or are in the
  585  process of being implemented pursuant to the adopted schedule
  586  for implementation. The report must include, but is not limited
  587  to:
  588         (j) The number of affordable housing applications
  589  submitted, the number approved, and the number denied.
  590         Section 17. Subsections (2) and (4) of section 420.9076,
  591  Florida Statutes, are amended, and subsection (10) is added to
  592  that section, to read:
  593         420.9076 Adoption of affordable housing incentive
  594  strategies; committees.—
  595         (2) The governing board of a county or municipality shall
  596  appoint the members of the affordable housing advisory
  597  committee. Pursuant to the terms of any interlocal agreement, a
  598  county and municipality may create and jointly appoint an
  599  advisory committee. The local action adopted pursuant to s.
  600  420.9072 which creates the advisory committee and appoints the
  601  advisory committee members must name at least 8 but not more
  602  than 11 committee members and specify their terms. Effective
  603  October 1, 2020, the committee must consist of one locally
  604  elected official from each county or municipality participating
  605  in the State Housing Initiatives Partnership Program and one
  606  representative from at least six of the categories below:
  607         (a) A citizen who is actively engaged in the residential
  608  home building industry in connection with affordable housing.
  609         (b) A citizen who is actively engaged in the banking or
  610  mortgage banking industry in connection with affordable housing.
  611         (c) A citizen who is a representative of those areas of
  612  labor actively engaged in home building in connection with
  613  affordable housing.
  614         (d) A citizen who is actively engaged as an advocate for
  615  low-income persons in connection with affordable housing.
  616         (e) A citizen who is actively engaged as a for-profit
  617  provider of affordable housing.
  618         (f) A citizen who is actively engaged as a not-for-profit
  619  provider of affordable housing.
  620         (g) A citizen who is actively engaged as a real estate
  621  professional in connection with affordable housing.
  622         (h) A citizen who actively serves on the local planning
  623  agency pursuant to s. 163.3174. If the local planning agency is
  624  comprised of the governing board of the county or municipality,
  625  the governing board may appoint a designee who is knowledgeable
  626  in the local planning process.
  627         (i) A citizen who resides within the jurisdiction of the
  628  local governing body making the appointments.
  629         (j) A citizen who represents employers within the
  630  jurisdiction.
  631         (k) A citizen who represents essential services personnel,
  632  as defined in the local housing assistance plan.
  633         (4) Annually Triennially, the advisory committee shall
  634  review the established policies and procedures, ordinances, land
  635  development regulations, and adopted local government
  636  comprehensive plan of the appointing local government and shall
  637  recommend specific actions or initiatives to encourage or
  638  facilitate affordable housing while protecting the ability of
  639  the property to appreciate in value. The recommendations may
  640  include the modification or repeal of existing policies,
  641  procedures, ordinances, regulations, or plan provisions; the
  642  creation of exceptions applicable to affordable housing; or the
  643  adoption of new policies, procedures, regulations, ordinances,
  644  or plan provisions, including recommendations to amend the local
  645  government comprehensive plan and corresponding regulations,
  646  ordinances, and other policies. At a minimum, each advisory
  647  committee shall submit an annual a report to the local governing
  648  body and to the entity providing statewide training and
  649  technical assistance for the Affordable Housing Catalyst Program
  650  which that includes recommendations on, and triennially
  651  thereafter evaluates the implementation of, affordable housing
  652  incentives in the following areas:
  653         (a) The processing of approvals of development orders or
  654  permits for affordable housing projects is expedited to a
  655  greater degree than other projects, as provided in s.
  656  163.3177(6)(f)3.
  657         (b) All allowable fee waivers provided The modification of
  658  impact-fee requirements, including reduction or waiver of fees
  659  and alternative methods of fee payment for the development or
  660  construction of affordable housing.
  661         (c) The allowance of flexibility in densities for
  662  affordable housing.
  663         (d) The reservation of infrastructure capacity for housing
  664  for very-low-income persons, low-income persons, and moderate
  665  income persons.
  666         (e) The allowance of Affordable accessory residential units
  667  in residential zoning districts.
  668         (f) The reduction of parking and setback requirements for
  669  affordable housing.
  670         (g) The allowance of flexible lot configurations, including
  671  zero-lot-line configurations for affordable housing.
  672         (h) The modification of street requirements for affordable
  673  housing.
  674         (i) The establishment of a process by which a local
  675  government considers, before adoption, policies, procedures,
  676  ordinances, regulations, or plan provisions that increase the
  677  cost of housing.
  678         (j) The preparation of a printed inventory of locally owned
  679  public lands suitable for affordable housing.
  680         (k) The support of development near transportation hubs and
  681  major employment centers and mixed-use developments.
  682  
  683  The advisory committee recommendations may also include other
  684  affordable housing incentives identified by the advisory
  685  committee. Local governments that receive the minimum allocation
  686  under the State Housing Initiatives Partnership Program shall
  687  perform an the initial review but may elect to not perform the
  688  annual triennial review.
  689         (10) The locally elected official serving on an advisory
  690  committee, or a locally elected designee, must attend biannual
  691  regional workshops convened and administered under the
  692  Affordable Housing Catalyst Program as provided in s.
  693  420.531(2). If the locally elected official or a locally elected
  694  designee fails to attend three consecutive regional workshops,
  695  the corporation may withhold funds pending the person’s
  696  attendance at the next regularly scheduled biannual meeting.
  697         Section 18. Section 423.02, Florida Statutes, is amended to
  698  read:
  699         423.02 Housing projects exempted from taxes and
  700  assessments; payments in lieu thereof.—The housing projects,
  701  including all property of housing authorities used for or in
  702  connection therewith or appurtenant thereto, of housing
  703  authorities, or their nonprofit instrumentalities as authorized
  704  by s. 421.08(8), shall be exempt from all taxes and special
  705  assessments of the state or any city, town, county, or political
  706  subdivision of the state, provided, however, that in lieu of
  707  such taxes or special assessments, a housing authority or its
  708  nonprofit instrumentality may agree to make payments to any
  709  city, town, county, or political subdivision of the state for
  710  services, improvements, or facilities furnished by such city,
  711  town, county, or political subdivision for the benefit of a
  712  housing project owned by the housing authority or its nonprofit
  713  instrumentality, but in no event shall such payments exceed the
  714  estimated cost to such city, town, county, or political
  715  subdivision of the services, improvements, or facilities to be
  716  so furnished. A city, town, county, or political subdivision of
  717  the state may not rename, modify terminology, or otherwise
  718  change a tax or assessment with the intent to circumvent the
  719  exemption provided under this section, which must be interpreted
  720  broadly to protect housing authorities or their nonprofit
  721  instrumentalities from taxation or assessment.
  722         Section 19. Subsection (4) of section 723.011, Florida
  723  Statutes, is amended to read:
  724         723.011 Disclosure prior to rental of a mobile home lot;
  725  prospectus, filing, approval.—
  726         (4) With regard to a tenancy in existence on the effective
  727  date of this chapter, the prospectus or offering circular
  728  offered by the mobile home park owner must shall contain the
  729  same terms and conditions as rental agreements offered to all
  730  other mobile home owners residing in the park on the effective
  731  date of this act, excepting only rent variations based upon lot
  732  location and size, and may shall not require any mobile home
  733  owner to install any permanent improvements, except that the
  734  mobile home owner may be required to install permanent
  735  improvements to the mobile home as disclosed in the prospectus.
  736         Section 20. Subsection (5) of section 723.012, Florida
  737  Statutes, is amended to read:
  738         723.012 Prospectus or offering circular.—The prospectus or
  739  offering circular, which is required to be provided by s.
  740  723.011, must contain the following information:
  741         (5) A description of the recreational and other common
  742  facilities, if any, that will be used by the mobile home owners,
  743  including, but not limited to:
  744         (a) The number of buildings and each room thereof and its
  745  intended purposes, location, approximate floor area, and
  746  capacity in numbers of people.
  747         (b) Each swimming pool, as to its general location,
  748  approximate size and depths, and approximate deck size and
  749  capacity and whether heated.
  750         (c) All other facilities and permanent improvements that
  751  which will serve the mobile home owners.
  752         (d) A general description of the items of personal property
  753  available for use by the mobile home owners.
  754         (e) A general description of the days and hours that
  755  facilities will be available for use.
  756         (f) A statement as to whether all improvements are complete
  757  and, if not, their estimated completion dates.
  758  
  759  If a mobile home park owner intends to include additional
  760  property and mobile home lots and to increase the number of lots
  761  that will use the shared facilities of the park, the mobile home
  762  park owner must amend the prospectus to disclose such additions.
  763  If the number of mobile home lots in the park increases by more
  764  than 15 percent of the total number of lots in the original
  765  prospectus, the mobile home park owner must reasonably offset
  766  the impact of the additional lots by increasing the shared
  767  facilities. The amendment to the prospectus must include a
  768  reasonable timeframe for providing the required additional
  769  shared facilities. The costs and expenses necessary to increase
  770  the shared facilities may not be passed on or passed through to
  771  the existing mobile home owners.
  772         Section 21. Section 723.023, Florida Statutes, is amended
  773  to read:
  774         723.023 Mobile home owner’s general obligations.—A mobile
  775  home owner shall at all times:
  776         (1) At all times comply with all obligations imposed on
  777  mobile home owners by applicable provisions of building,
  778  housing, and health codes, including compliance with all
  779  building permits and construction requirements for construction
  780  on the mobile home and lot. The home owner is responsible for
  781  all fines imposed by the local government for noncompliance with
  782  any local codes.
  783         (2) At all times keep the mobile home lot that which he or
  784  she occupies clean, neat, and sanitary, and maintained in
  785  compliance with all local codes.
  786         (3) At all times comply with properly promulgated park
  787  rules and regulations and require other persons on the premises
  788  with his or her consent to comply with such rules and to conduct
  789  themselves, and other persons on the premises with his or her
  790  consent, in a manner that does not unreasonably disturb other
  791  residents of the park or constitute a breach of the peace.
  792         (4)Receive written approval from the mobile home park
  793  owner before making any exterior modification or addition to the
  794  home.
  795         (5)When vacating the premises, remove any debris and other
  796  property of any kind which is left on the mobile home lot.
  797         Section 22. Subsection (5) of section 723.031, Florida
  798  Statutes, is amended to read:
  799         723.031 Mobile home lot rental agreements.—
  800         (5) The rental agreement must shall contain the lot rental
  801  amount and services included. An increase in lot rental amount
  802  upon expiration of the term of the lot rental agreement must
  803  shall be in accordance with ss. 723.033 and 723.037 or s.
  804  723.059(4), whichever is applicable;, provided that, pursuant to
  805  s. 723.059(4), the amount of the lot rental increase is
  806  disclosed and agreed to by the purchaser, in writing. An
  807  increase in lot rental amount shall not be arbitrary or
  808  discriminatory between similarly situated tenants in the park. A
  809  lot rental amount may not be increased during the term of the
  810  lot rental agreement, except:
  811         (a) When the manner of the increase is disclosed in a lot
  812  rental agreement with a term exceeding 12 months and which
  813  provides for such increases not more frequently than annually.
  814         (b) For pass-through charges as defined in s. 723.003.
  815         (c) That a charge may not be collected which results in
  816  payment of money for sums previously collected as part of the
  817  lot rental amount. The provisions hereof notwithstanding, the
  818  mobile home park owner may pass on, at any time during the term
  819  of the lot rental agreement, ad valorem property taxes, non-ad
  820  valorem assessments, and utility charges, or increases of
  821  either, provided that the ad valorem property taxes, non-ad
  822  valorem assessments, and utility charges are not otherwise being
  823  collected in the remainder of the lot rental amount and provided
  824  further that the passing on of such ad valorem taxes, non-ad
  825  valorem assessments, or utility charges, or increases of either,
  826  was disclosed prior to tenancy, was being passed on as a matter
  827  of custom between the mobile home park owner and the mobile home
  828  owner, or such passing on was authorized by law. A park owner is
  829  deemed to have disclosed the passing on of ad valorem property
  830  taxes and non-ad valorem assessments if ad valorem property
  831  taxes or non-ad valorem assessments were disclosed as a separate
  832  charge or a factor for increasing the lot rental amount in the
  833  prospectus or rental agreement. Such ad valorem taxes, non-ad
  834  valorem assessments, and utility charges shall be a part of the
  835  lot rental amount as defined by this chapter. The term “non-ad
  836  valorem assessments” has the same meaning as provided in s.
  837  197.3632(1)(d). Other provisions of this chapter
  838  notwithstanding, pass-on charges may be passed on only within 1
  839  year of the date a mobile home park owner remits payment of the
  840  charge. A mobile home park owner is prohibited from passing on
  841  any fine, interest, fee, or increase in a charge resulting from
  842  a park owner’s payment of the charge after the date such charges
  843  become delinquent. A mobile home park owner is prohibited from
  844  charging or collecting from the mobile home owners any sum for
  845  ad valorem taxes or non-ad valorem tax charges in an amount in
  846  excess of the sums remitted by the park owner to the tax
  847  collector. Nothing herein shall prohibit a park owner and a
  848  homeowner from mutually agreeing to an alternative manner of
  849  payment to the park owner of the charges.
  850         (d) If a notice of increase in lot rental amount is not
  851  given 90 days before the renewal date of the rental agreement,
  852  the rental agreement must remain under the same terms until a
  853  90-day notice of increase in lot rental amount is given. The
  854  notice may provide for a rental term shorter than 1 year in
  855  order to maintain the same renewal date.
  856         Section 23. Subsection (1) and paragraph (a) of subsection
  857  (4) of section 723.037, Florida Statutes, are amended to read:
  858         723.037 Lot rental increases; reduction in services or
  859  utilities; change in rules and regulations; mediation.—
  860         (1) A park owner shall give written notice to each affected
  861  mobile home owner and the board of directors of the homeowners’
  862  association, if one has been formed, at least 90 days before any
  863  increase in lot rental amount or reduction in services or
  864  utilities provided by the park owner or change in rules and
  865  regulations. The park owner may give notice of all increases in
  866  lot rental amount for multiple anniversary dates in the same 90
  867  day notice. The notice must shall identify all other affected
  868  homeowners, which may be by lot number, name, group, or phase.
  869  If the affected homeowners are not identified by name, the park
  870  owner shall make the names and addresses available upon request.
  871  However, this requirement does not authorize the release of the
  872  names, addresses, or other private information about the
  873  homeowners to the association or any other person for any other
  874  purpose. The home owner’s right to the 90-day notice may not be
  875  waived or precluded by a home owner, or the homeowners’
  876  committee, in an agreement with the park owner. Rules adopted as
  877  a result of restrictions imposed by governmental entities and
  878  required to protect the public health, safety, and welfare may
  879  be enforced prior to the expiration of the 90-day period but are
  880  not otherwise exempt from the requirements of this chapter.
  881  Pass-through charges must be separately listed as to the amount
  882  of the charge, the name of the governmental entity mandating the
  883  capital improvement, and the nature or type of the pass-through
  884  charge being levied. Notices of increase in the lot rental
  885  amount due to a pass-through charge must shall state the
  886  additional payment and starting and ending dates of each pass
  887  through charge. The homeowners’ association shall have no
  888  standing to challenge the increase in lot rental amount,
  889  reduction in services or utilities, or change of rules and
  890  regulations unless a majority of the affected homeowners agree,
  891  in writing, to such representation.
  892         (4)(a) A committee, not to exceed five in number,
  893  designated by a majority of the affected mobile home owners or
  894  by the board of directors of the homeowners’ association, if
  895  applicable, and the park owner shall meet, at a mutually
  896  convenient time and place no later than 60 days before the
  897  effective date of the change to discuss the reasons for the
  898  increase in lot rental amount, reduction in services or
  899  utilities, or change in rules and regulations. The negotiating
  900  committee shall make a written request for a meeting with the
  901  park owner or subdivision developer to discuss those matters
  902  addressed in the 90-day notice, and may include in the request a
  903  listing of any other issue, with supporting documentation, that
  904  the committee intends to raise and discuss at the meeting. The
  905  committee shall address all lot rental amount increases that are
  906  specified in the notice of lot rental amount increase,
  907  regardless of the effective date of the increase.
  908  
  909  This subsection is not intended to be enforced by civil or
  910  administrative action. Rather, the meetings and discussions are
  911  intended to be in the nature of settlement discussions prior to
  912  the parties proceeding to mediation of any dispute.
  913         Section 24. Subsections (5) and (6) are added to section
  914  723.041, Florida Statutes, to read:
  915         723.041 Entrance fees; refunds; exit fees prohibited;
  916  replacement homes.—
  917         (5) A mobile home park that is damaged or destroyed due to
  918  wind, water, or other natural force may be rebuilt on the same
  919  site with the same density as was approved, permitted, or built
  920  before the park was damaged or destroyed.
  921         (6) This section does not limit the regulation of the
  922  uniform firesafety standards established under s. 633.206, but
  923  supersedes any other density, separation, setback, or lot size
  924  regulation adopted after initial permitting and construction of
  925  the mobile home park.
  926         Section 25. Section 723.042, Florida Statutes, is amended
  927  to read:
  928         723.042 Provision of improvements.—A No person may not
  929  shall be required by a mobile home park owner or developer, as a
  930  condition of residence in the mobile home park, to provide any
  931  improvement unless the requirement is disclosed pursuant to s.
  932  723.012(7) s. 723.011 prior to occupancy in the mobile home
  933  park.
  934         Section 26. Section 723.059, Florida Statutes, is amended
  935  to read:
  936         723.059 Rights of Purchaser of a mobile home within a
  937  mobile home park.—
  938         (1) The purchaser of a mobile home within a mobile home
  939  park may become a tenant of the park if such purchaser would
  940  otherwise qualify with the requirements of entry into the park
  941  under the park rules and regulations, subject to the approval of
  942  the park owner, but such approval may not be unreasonably
  943  withheld. The purchaser of the mobile home may cancel or rescind
  944  the contract for purchase of the mobile home if the purchaser’s
  945  tenancy has not been approved by the park owner 5 days before
  946  the closing of the purchase.
  947         (2) Properly promulgated rules may provide for the
  948  screening of any prospective purchaser to determine whether or
  949  not such purchaser is qualified to become a tenant of the park.
  950         (3) The purchaser of a mobile home who intends to become
  951  becomes a resident of the mobile home park in accordance with
  952  this section has the right to assume the remainder of the term
  953  of any rental agreement then in effect between the mobile home
  954  park owner and the seller and may assume the seller’s
  955  prospectus. However, nothing herein shall prohibit a mobile home
  956  park owner from offering the purchaser of a mobile home any
  957  approved prospectus shall be entitled to rely on the terms and
  958  conditions of the prospectus or offering circular as delivered
  959  to the initial recipient.
  960         (4) However, nothing herein shall be construed to prohibit
  961  a mobile home park owner from increasing the rental amount to be
  962  paid by the purchaser upon the expiration of the assumed rental
  963  agreement in an amount deemed appropriate by the mobile home
  964  park owner, so long as such increase is disclosed to the
  965  purchaser prior to his or her occupancy and is imposed in a
  966  manner consistent with the purchaser’s initial offering circular
  967  or prospectus and this act.
  968         (5) Lifetime leases and the renewal provisions in
  969  automatically renewable leases, both those existing and those
  970  entered into after July 1, 1986, are not assumable unless
  971  otherwise provided in the mobile home lot rental agreement or
  972  unless the transferee is the home owner’s spouse. The right to
  973  an assumption of the lease by a spouse may be exercised only one
  974  time during the term of that lease.
  975         Section 27. Paragraph (d) of subsection (1) and subsection
  976  (4) of section 723.061, Florida Statutes, are amended, and
  977  subsection (5) is added to that section, to read:
  978         723.061 Eviction; grounds, proceedings.—
  979         (1) A mobile home park owner may evict a mobile home owner,
  980  a mobile home tenant, a mobile home occupant, or a mobile home
  981  only on one or more of the following grounds:
  982         (d) Change in use of the land comprising the mobile home
  983  park, or the portion thereof from which mobile homes are to be
  984  evicted, from mobile home lot rentals to some other use, if:
  985         1. The park owner gives written notice to the homeowners’
  986  association formed and operating under ss. 723.075-723.079 of
  987  its right to purchase the mobile home park, if the land
  988  comprising the mobile home park is changing use from mobile home
  989  lot rentals to a different use, at the price and under the terms
  990  and conditions set forth in the written notice.
  991         a. The notice shall be delivered to the officers of the
  992  homeowners’ association by United States mail. Within 45 days
  993  after the date of mailing of the notice, the homeowners’
  994  association may execute and deliver a contract to the park owner
  995  to purchase the mobile home park at the price and under the
  996  terms and conditions set forth in the notice. If the contract
  997  between the park owner and the homeowners’ association is not
  998  executed and delivered to the park owner within the 45-day
  999  period, the park owner is under no further obligation to the
 1000  homeowners’ association except as provided in sub-subparagraph
 1001  b.
 1002         b. If the park owner elects to offer or sell the mobile
 1003  home park at a price lower than the price specified in her or
 1004  his initial notice to the officers of the homeowners’
 1005  association, the homeowners’ association has an additional 10
 1006  days to meet the revised price, terms, and conditions of the
 1007  park owner by executing and delivering a revised contract to the
 1008  park owner.
 1009         c. The park owner is not obligated under this subparagraph
 1010  or s. 723.071 to give any other notice to, or to further
 1011  negotiate with, the homeowners’ association for the sale of the
 1012  mobile home park to the homeowners’ association after 6 months
 1013  after the date of the mailing of the initial notice under sub
 1014  subparagraph a.
 1015         2. The park owner gives the affected mobile home owners and
 1016  tenants at least 6 months’ notice of the eviction due to the
 1017  projected change in use and of their need to secure other
 1018  accommodations. Within 20 days after giving an eviction notice
 1019  to a mobile home owner, the park owner must provide the division
 1020  with a copy of the notice. The division must provide the
 1021  executive director of the Florida Mobile Home Relocation
 1022  Corporation with a copy of the notice.
 1023         a. The notice of eviction due to a change in use of the
 1024  land must include in a font no smaller than the body of the
 1025  notice the following statement:
 1026  
 1027  YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME
 1028  RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME
 1029  RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
 1030  AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND
 1031  PROFESSIONAL REGULATION.
 1032  
 1033         b. The park owner may not give a notice of increase in lot
 1034  rental amount within 90 days before giving notice of a change in
 1035  use.
 1036         (4) Except for the notice to the officers of the
 1037  homeowners’ association under subparagraph (1)(d)1., any notice
 1038  required by this section must be in writing, and must be posted
 1039  on the premises and sent to the mobile home owner and tenant or
 1040  occupant, as appropriate, by United States mail certified or
 1041  registered mail, return receipt requested, addressed to the
 1042  mobile home owner and tenant or occupant, as appropriate, at her
 1043  or his last known address. Delivery of the mailed notice is
 1044  shall be deemed given 5 days after the date of postmark.
 1045         (5)A park owner who accepts payment of any portion of the
 1046  lot rental amount with actual knowledge of noncompliance after
 1047  notice and termination of the rental agreement due to a
 1048  violation under paragraph (1)(b), paragraph (1)(c), or paragraph
 1049  (1)(e) does not waive the right to terminate the rental
 1050  agreement or the right to bring a civil action for the
 1051  noncompliance, but not for any subsequent or continuing
 1052  noncompliance. Any rent so received must be accounted for at the
 1053  final hearing.
 1054         Section 28. Subsection (1) of section 723.076, Florida
 1055  Statutes, is amended to read:
 1056         723.076 Incorporation; notification of park owner.—
 1057         (1) Upon receipt of its certificate of incorporation, the
 1058  homeowners’ association shall notify the park owner in writing
 1059  of such incorporation and shall advise the park owner of the
 1060  names and addresses of the officers of the homeowners’
 1061  association by personal delivery upon the park owner’s
 1062  representative as designated in the prospectus or by certified
 1063  mail, return receipt requested. Thereafter, the homeowners’
 1064  association shall notify the park owner in writing by certified
 1065  mail, return receipt requested, of any change of names and
 1066  addresses of its president or registered agent. Upon election or
 1067  appointment of new officers or members, the homeowners’
 1068  association shall notify the park owner in writing by certified
 1069  mail, return receipt requested, of the names and addresses of
 1070  the new officers or members.
 1071         Section 29. Paragraphs (b) through (e) of subsection (2) of
 1072  section 723.078, Florida Statutes, are amended, and paragraph
 1073  (i) of that subsection is reenacted, to read:
 1074         723.078 Bylaws of homeowners’ associations.—
 1075         (2) The bylaws shall provide and, if they do not, shall be
 1076  deemed to include, the following provisions:
 1077         (b) Quorum; voting requirements; proxies.—
 1078         1. Unless otherwise provided in the bylaws, 30 percent of
 1079  the total membership is required to constitute a quorum.
 1080  Decisions shall be made by a majority of members represented at
 1081  a meeting at which a quorum is present.
 1082         2.a. A member may not vote by general proxy but may vote by
 1083  limited proxies substantially conforming to a limited proxy form
 1084  adopted by the division. Limited proxies and general proxies may
 1085  be used to establish a quorum. Limited proxies may be used for
 1086  votes taken to amend the articles of incorporation or bylaws
 1087  pursuant to this section, and any other matters for which this
 1088  chapter requires or permits a vote of members. A, except that no
 1089  proxy, limited or general, may not be used in the election of
 1090  board members in general elections or elections to fill
 1091  vacancies caused by recall, resignation, or otherwise. Board
 1092  members must be elected by written ballot or by voting in
 1093  person. If a mobile home or subdivision lot is owned jointly,
 1094  the owners of the mobile home or subdivision lot must be counted
 1095  as one for the purpose of determining the number of votes
 1096  required for a majority. Only one vote per mobile home or
 1097  subdivision lot shall be counted. Any number greater than 50
 1098  percent of the total number of votes constitutes a majority.
 1099  Notwithstanding this section, members may vote in person at
 1100  member meetings or by secret ballot, including absentee ballots,
 1101  as defined by the division.
 1102         b.Elections shall be decided by a plurality of the ballots
 1103  cast. There is no quorum requirement; however, at least 20
 1104  percent of the eligible voters must cast a ballot in order to
 1105  have a valid election. A member may not allow any other person
 1106  to cast his or her ballot, and any ballots improperly cast are
 1107  invalid. An election is not required unless there are more
 1108  candidates nominated than vacancies that exist on the board.
 1109         c.Each member or other eligible person who desires to be a
 1110  candidate for the board of directors shall appear on the ballot
 1111  in alphabetical order by surname. A ballot may not indicate if
 1112  any of the candidates are incumbent on the board. All ballots
 1113  must be uniform in appearance. Write-in candidates and more than
 1114  one vote per candidate per ballot are not allowed. A ballot may
 1115  not provide a space for the signature of, or any other means of
 1116  identifying, a voter. If a ballot contains more votes than
 1117  vacancies or fewer votes than vacancies, the ballot is invalid
 1118  unless otherwise stated in the bylaws.
 1119         d.An impartial committee shall be responsible for
 1120  overseeing the election process and complying with all ballot
 1121  requirements. For purposes of this section, the term “impartial
 1122  committee” means a committee whose members do not include any of
 1123  the following people or their spouses:
 1124         (I)Current board members.
 1125         (II)Current association officers.
 1126         (III)Candidates for the association or board.
 1127         e.The association bylaws shall provide a method for
 1128  determining the winner of an election in which two or more
 1129  candidates for the same position receive the same number of
 1130  votes.
 1131         f.The division shall adopt procedural rules to govern
 1132  elections, including, but not limited to, rules for providing
 1133  notice by electronic transmission and rules for maintaining the
 1134  secrecy of ballots.
 1135         3. A proxy is effective only for the specific meeting for
 1136  which originally given and any lawfully adjourned meetings
 1137  thereof. In no event shall any proxy be valid for a period
 1138  longer than 90 days after the date of the first meeting for
 1139  which it was given. Every proxy shall be revocable at any time
 1140  at the pleasure of the member executing it.
 1141         4. A member of the board of directors or a committee may
 1142  submit in writing his or her agreement or disagreement with any
 1143  action taken at a meeting that the member did not attend. This
 1144  agreement or disagreement may not be used as a vote for or
 1145  against the action taken and may not be used for the purposes of
 1146  creating a quorum.
 1147         (c) Board of directors’ and committee meetings.—
 1148         1. Meetings of the board of directors and meetings of its
 1149  committees at which a quorum is present shall be open to all
 1150  members. Notwithstanding any other provision of law, the
 1151  requirement that board meetings and committee meetings be open
 1152  to the members does not apply to meetings between the park owner
 1153  and the board of directors or any of the board’s committees,
 1154  board or committee meetings held for the purpose of discussing
 1155  personnel matters, or meetings between the board or a committee
 1156  and the association’s attorney, with respect to potential or
 1157  pending litigation, when where the meeting is held for the
 1158  purpose of seeking or rendering legal advice, and when where the
 1159  contents of the discussion would otherwise be governed by the
 1160  attorney-client privilege. Notice of all meetings open to
 1161  members shall be posted in a conspicuous place upon the park
 1162  property at least 48 hours in advance, except in an emergency.
 1163  Notice of any meeting in which dues assessments against members
 1164  are to be considered for any reason shall specifically contain a
 1165  statement that dues assessments will be considered and the
 1166  nature of such dues assessments.
 1167         2. A board or committee member’s participation in a meeting
 1168  via telephone, real-time videoconferencing, or similar real-time
 1169  telephonic, electronic, or video communication counts toward a
 1170  quorum, and such member may vote as if physically present. A
 1171  speaker shall be used so that the conversation of those board or
 1172  committee members attending by telephone may be heard by the
 1173  board or committee members attending in person, as well as by
 1174  members present at a meeting.
 1175         3. Members of the board of directors may use e-mail as a
 1176  means of communication but may not cast a vote on an association
 1177  matter via e-mail.
 1178         4. The right to attend meetings of the board of directors
 1179  and its committees includes the right to speak at such meetings
 1180  with reference to all designated agenda items. The association
 1181  may adopt reasonable written rules governing the frequency,
 1182  duration, and manner of members’ statements. Any item not
 1183  included on the notice may be taken up on an emergency basis by
 1184  at least a majority plus one of the members of the board. Such
 1185  emergency action shall be noticed and ratified at the next
 1186  regular meeting of the board. Any member may tape record or
 1187  videotape meetings of the board of directors and its committees,
 1188  except meetings between the board of directors or its appointed
 1189  homeowners’ committee and the park owner. The division shall
 1190  adopt reasonable rules governing the tape recording and
 1191  videotaping of the meeting.
 1192         5. Except as provided in paragraph (i), a vacancy occurring
 1193  on the board of directors may be filled by the affirmative vote
 1194  of the majority of the remaining directors, even though the
 1195  remaining directors constitute less than a quorum; by the sole
 1196  remaining director; if the vacancy is not so filled or if no
 1197  director remains, by the members; or, on the application of any
 1198  person, by the circuit court of the county in which the
 1199  registered office of the corporation is located.
 1200         6. The term of a director elected or appointed to fill a
 1201  vacancy expires at the next annual meeting at which directors
 1202  are elected. A directorship to be filled by reason of an
 1203  increase in the number of directors may be filled by the board
 1204  of directors, but only for the term of office continuing until
 1205  the next election of directors by the members.
 1206         7. A vacancy that will occur at a specific later date, by
 1207  reason of a resignation effective at a later date, may be filled
 1208  before the vacancy occurs. However, the new director may not
 1209  take office until the vacancy occurs.
 1210         8.a. The officers and directors of the association have a
 1211  fiduciary relationship to the members.
 1212         b. A director and committee member shall discharge his or
 1213  her duties in good faith, with the care an ordinarily prudent
 1214  person in a like position would exercise under similar
 1215  circumstances, and in a manner he or she reasonably believes to
 1216  be in the best interests of the corporation.
 1217         9. In discharging his or her duties, a director may rely on
 1218  information, opinions, reports, or statements, including
 1219  financial statements and other financial data, if prepared or
 1220  presented by:
 1221         a. One or more officers or employees of the corporation who
 1222  the director reasonably believes to be reliable and competent in
 1223  the matters presented;
 1224         b. Legal counsel, public accountants, or other persons as
 1225  to matters the director reasonably believes are within the
 1226  persons’ professional or expert competence; or
 1227         c. A committee of the board of directors of which he or she
 1228  is not a member if the director reasonably believes the
 1229  committee merits confidence.
 1230         10. A director is not acting in good faith if he or she has
 1231  knowledge concerning the matter in question that makes reliance
 1232  otherwise permitted by subparagraph 9. unwarranted.
 1233         11. A director is not liable for any action taken as a
 1234  director, or any failure to take any action, if he or she
 1235  performed the duties of his or her office in compliance with
 1236  this section.
 1237         (d) Member meetings.—Members shall meet at least once each
 1238  calendar year, and the meeting shall be the annual meeting. All
 1239  members of the board of directors shall be elected at the annual
 1240  meeting unless the bylaws provide for staggered election terms
 1241  or for their election at another meeting. The bylaws shall not
 1242  restrict any member desiring to be a candidate for board
 1243  membership from being nominated from the floor. All nominations
 1244  from the floor must be made at a duly noticed meeting of the
 1245  members held at least 27 30 days before the annual meeting. The
 1246  bylaws shall provide the method for calling the meetings of the
 1247  members, including annual meetings. The method shall provide at
 1248  least 14 days’ written notice to each member in advance of the
 1249  meeting and require the posting in a conspicuous place on the
 1250  park property of a notice of the meeting at least 14 days prior
 1251  to the meeting. The right to receive written notice of
 1252  membership meetings may be waived in writing by a member. Unless
 1253  waived, the notice of the annual meeting shall be mailed, hand
 1254  delivered, or electronically transmitted to each member, and
 1255  shall constitute notice. Unless otherwise stated in the bylaws,
 1256  an officer of the association shall provide an affidavit
 1257  affirming that the notices were mailed, or hand delivered, or
 1258  provided by electronic transmission in accordance with the
 1259  provisions of this section to each member at the address last
 1260  furnished to the corporation. These meeting requirements do not
 1261  prevent members from waiving notice of meetings or from acting
 1262  by written agreement without meetings, if allowed by the bylaws.
 1263         (e) Minutes of meetings.—
 1264         1. Notwithstanding any other provision of law, the minutes
 1265  of board or committee meetings that are closed to members are
 1266  privileged and confidential and are not available for inspection
 1267  or photocopying.
 1268         2. Minutes of all meetings of members of an association and
 1269  meetings open to members of, the board of directors, and a
 1270  committee of the board must be maintained in written form and
 1271  approved by the members, board, or committee, as applicable. A
 1272  vote or abstention from voting on each matter voted upon for
 1273  each director present at a board meeting must be recorded in the
 1274  minutes.
 1275         3.2. All approved minutes of open meetings of members,
 1276  committees, and the board of directors shall be kept in a
 1277  businesslike manner and shall be available for inspection by
 1278  members, or their authorized representatives, and board members
 1279  at reasonable times. The association shall retain these minutes
 1280  within this state for a period of at least 5 7 years.
 1281         (i) Recall of board members.—Any member of the board of
 1282  directors may be recalled and removed from office with or
 1283  without cause by the vote of or agreement in writing by a
 1284  majority of all members. A special meeting of the members to
 1285  recall a member or members of the board of directors may be
 1286  called by 10 percent of the members giving notice of the meeting
 1287  as required for a meeting of members, and the notice shall state
 1288  the purpose of the meeting. Electronic transmission may not be
 1289  used as a method of giving notice of a meeting called in whole
 1290  or in part for this purpose.
 1291         1. If the recall is approved by a majority of all members
 1292  by a vote at a meeting, the recall is effective as provided in
 1293  this paragraph. The board shall duly notice and hold a board
 1294  meeting within 5 full business days after the adjournment of the
 1295  member meeting to recall one or more board members. At the
 1296  meeting, the board shall either certify the recall, in which
 1297  case such member or members shall be recalled effective
 1298  immediately and shall turn over to the board within 5 full
 1299  business days any and all records and property of the
 1300  association in their possession, or shall proceed under
 1301  subparagraph 3.
 1302         2. If the proposed recall is by an agreement in writing by
 1303  a majority of all members, the agreement in writing or a copy
 1304  thereof shall be served on the association by certified mail or
 1305  by personal service in the manner authorized by chapter 48 and
 1306  the Florida Rules of Civil Procedure. The board of directors
 1307  shall duly notice and hold a meeting of the board within 5 full
 1308  business days after receipt of the agreement in writing. At the
 1309  meeting, the board shall either certify the written agreement to
 1310  recall members of the board, in which case such members shall be
 1311  recalled effective immediately and shall turn over to the board,
 1312  within 5 full business days, any and all records and property of
 1313  the association in their possession, or shall proceed as
 1314  described in subparagraph 3.
 1315         3. If the board determines not to certify the written
 1316  agreement to recall members of the board, or does not certify
 1317  the recall by a vote at a meeting, the board shall, within 5
 1318  full business days after the board meeting, file with the
 1319  division a petition for binding arbitration pursuant to the
 1320  procedures of s. 723.1255. For purposes of this paragraph, the
 1321  members who voted at the meeting or who executed the agreement
 1322  in writing shall constitute one party under the petition for
 1323  arbitration. If the arbitrator certifies the recall of a member
 1324  of the board, the recall shall be effective upon mailing of the
 1325  final order of arbitration to the association. If the
 1326  association fails to comply with the order of the arbitrator,
 1327  the division may take action under s. 723.006. A member so
 1328  recalled shall deliver to the board any and all records and
 1329  property of the association in the member’s possession within 5
 1330  full business days after the effective date of the recall.
 1331         4. If the board fails to duly notice and hold a board
 1332  meeting within 5 full business days after service of an
 1333  agreement in writing or within 5 full business days after the
 1334  adjournment of the members’ recall meeting, the recall shall be
 1335  deemed effective and the board members so recalled shall
 1336  immediately turn over to the board all records and property of
 1337  the association.
 1338         5. If the board fails to duly notice and hold the required
 1339  meeting or fails to file the required petition, the member’s
 1340  representative may file a petition pursuant to s. 723.1255
 1341  challenging the board’s failure to act. The petition must be
 1342  filed within 60 days after expiration of the applicable 5-full
 1343  business-day period. The review of a petition under this
 1344  subparagraph is limited to the sufficiency of service on the
 1345  board and the facial validity of the written agreement or
 1346  ballots filed.
 1347         6. If a vacancy occurs on the board as a result of a recall
 1348  and less than a majority of the board members are removed, the
 1349  vacancy may be filled by the affirmative vote of a majority of
 1350  the remaining directors, notwithstanding any other provision of
 1351  this chapter. If vacancies occur on the board as a result of a
 1352  recall and a majority or more of the board members are removed,
 1353  the vacancies shall be filled in accordance with procedural
 1354  rules to be adopted by the division, which rules need not be
 1355  consistent with this chapter. The rules must provide procedures
 1356  governing the conduct of the recall election as well as the
 1357  operation of the association during the period after a recall
 1358  but before the recall election.
 1359         7. A board member who has been recalled may file a petition
 1360  pursuant to s. 723.1255 challenging the validity of the recall.
 1361  The petition must be filed within 60 days after the recall is
 1362  deemed certified. The association and the member’s
 1363  representative shall be named as the respondents.
 1364         8. The division may not accept for filing a recall
 1365  petition, whether or not filed pursuant to this subsection, and
 1366  regardless of whether the recall was certified, when there are
 1367  60 or fewer days until the scheduled reelection of the board
 1368  member sought to be recalled or when 60 or fewer days have not
 1369  elapsed since the election of the board member sought to be
 1370  recalled.
 1371         Section 30. Paragraphs (d) and (f) through (i) of
 1372  subsection (4) and subsection (5) of section 723.079, Florida
 1373  Statutes, are amended to read:
 1374         723.079 Powers and duties of homeowners’ association.—
 1375         (4) The association shall maintain the following items,
 1376  when applicable, which constitute the official records of the
 1377  association:
 1378         (d) The approved minutes of all meetings of the members of
 1379  an association and meetings open for members of, the board of
 1380  directors, and committees of the board, which minutes must be
 1381  retained within this the state for at least 5 7 years.
 1382         (f) All of the association’s insurance policies or copies
 1383  thereof, which must be retained within this state for at least 5
 1384  7 years after the expiration date of the policy.
 1385         (g) A copy of all contracts or agreements to which the
 1386  association is a party, including, without limitation, any
 1387  written agreements with the park owner, lease, or other
 1388  agreements or contracts under which the association or its
 1389  members has any obligation or responsibility, which must be
 1390  retained within this state for at least 5 7 years after the
 1391  expiration date of the contract or agreement.
 1392         (h) The financial and accounting records of the
 1393  association, kept according to good accounting practices. All
 1394  financial and accounting records must be maintained within this
 1395  state for a period of at least 5 7 years. The financial and
 1396  accounting records must include:
 1397         1. Accurate, itemized, and detailed records of all receipts
 1398  and expenditures.
 1399         2. A current account and a periodic statement of the
 1400  account for each member, designating the name and current
 1401  address of each member who is obligated to pay dues or
 1402  assessments, the due date and amount of each assessment or other
 1403  charge against the member, the date and amount of each payment
 1404  on the account, and the balance due.
 1405         3. All tax returns, financial statements, and financial
 1406  reports of the association.
 1407         4. Any other records that identify, measure, record, or
 1408  communicate financial information.
 1409         (i) All other written records of the association not
 1410  specifically included in the foregoing which are related to the
 1411  operation of the association must be retained within this state
 1412  for at least 5 years or at least 5 years after the expiration
 1413  date, as applicable.
 1414         (5) The official records shall be maintained within the
 1415  state for at least 7 years and shall be made available to a
 1416  member for inspection or photocopying within 20 10 business days
 1417  after receipt by the board or its designee of a written request
 1418  submitted by certified mail, return receipt requested. The
 1419  requirements of this subsection are satisfied by having a copy
 1420  of the official records available for inspection or copying in
 1421  the park or, at the option of the association, by making the
 1422  records available to a member electronically via the Internet or
 1423  by allowing the records to be viewed in electronic format on a
 1424  computer screen and printed upon request. If the association has
 1425  a photocopy machine available where the records are maintained,
 1426  it must provide a member with copies on request during the
 1427  inspection if the entire request is no more than 25 pages. An
 1428  association shall allow a member or his or her authorized
 1429  representative to use a portable device, including a smartphone,
 1430  tablet, portable scanner, or any other technology capable of
 1431  scanning or taking photographs, to make an electronic copy of
 1432  the official records in lieu of the association’s providing the
 1433  member or his or her authorized representative with a copy of
 1434  such records. The association may not charge a fee to a member
 1435  or his or her authorized representative for the use of a
 1436  portable device.
 1437         (a) The failure of an association to provide access to the
 1438  records within 20 10 business days after receipt of a written
 1439  request submitted by certified mail, return receipt requested,
 1440  creates a rebuttable presumption that the association willfully
 1441  failed to comply with this subsection.
 1442         (b) A member who is denied access to official records is
 1443  entitled to the actual damages or minimum damages for the
 1444  association’s willful failure to comply with this subsection in
 1445  the amount of. The minimum damages are to be $10 per calendar
 1446  day up to 10 days, not to exceed $100. The calculation for
 1447  damages begins to begin on the 21st 11th business day after
 1448  receipt of the written request, submitted by certified mail,
 1449  return receipt requested.
 1450         (c) A dispute between a member and an association regarding
 1451  inspecting or photocopying official records must be submitted to
 1452  mandatory binding arbitration with the division, and the
 1453  arbitration must be conducted pursuant to s. 723.1255 and
 1454  procedural rules adopted by the division.
 1455         (d) The association may adopt reasonable written rules
 1456  governing the frequency, time, location, notice, records to be
 1457  inspected, and manner of inspections, but may not require a
 1458  member to demonstrate a proper purpose for the inspection, state
 1459  a reason for the inspection, or limit a member’s right to
 1460  inspect records to less than 1 business day per month. The
 1461  association may impose fees to cover the costs of providing
 1462  copies of the official records, including the costs of copying
 1463  and for personnel to retrieve and copy the records if the time
 1464  spent retrieving and copying the records exceeds 30 minutes and
 1465  if the personnel costs do not exceed $20 per hour. Personnel
 1466  costs may not be charged for records requests that result in the
 1467  copying of 25 or fewer pages. The association may charge up to
 1468  25 cents per page for copies made on the association’s
 1469  photocopier. If the association does not have a photocopy
 1470  machine available where the records are kept, or if the records
 1471  requested to be copied exceed 25 pages in length, the
 1472  association may have copies made by an outside duplicating
 1473  service and may charge the actual cost of copying, as supported
 1474  by the vendor invoice. The association shall maintain an
 1475  adequate number of copies of the recorded governing documents,
 1476  to ensure their availability to members and prospective members.
 1477  Notwithstanding this paragraph, the following records are not
 1478  accessible to members or home owners:
 1479         1. A record protected by the lawyer-client privilege as
 1480  described in s. 90.502 and a record protected by the work
 1481  product privilege, including, but not limited to, a record
 1482  prepared by an association attorney or prepared at the
 1483  attorney’s express direction which reflects a mental impression,
 1484  conclusion, litigation strategy, or legal theory of the attorney
 1485  or the association and which was prepared exclusively for civil
 1486  or criminal litigation, for adversarial administrative
 1487  proceedings, or in anticipation of such litigation or
 1488  proceedings until the conclusion of the litigation or
 1489  proceedings.
 1490         2. E-mail addresses, telephone numbers, facsimile numbers,
 1491  emergency contact information, any addresses for a home owner
 1492  other than as provided for association notice requirements, and
 1493  other personal identifying information of any person, excluding
 1494  the person’s name, lot designation, mailing address, and
 1495  property address. Notwithstanding the restrictions in this
 1496  subparagraph, an association may print and distribute to home
 1497  owners a directory containing the name, park address, and
 1498  telephone number of each home owner. However, a home owner may
 1499  exclude his or her telephone number from the directory by so
 1500  requesting in writing to the association. The association is not
 1501  liable for the disclosure of information that is protected under
 1502  this subparagraph if the information is included in an official
 1503  record of the association and is voluntarily provided by a home
 1504  owner and not requested by the association.
 1505         3. An electronic security measure that is used by the
 1506  association to safeguard data, including passwords.
 1507         4. The software and operating system used by the
 1508  association which allows the manipulation of data, even if the
 1509  home owner owns a copy of the same software used by the
 1510  association. The data is part of the official records of the
 1511  association.
 1512         Section 31. Section 723.1255, Florida Statutes, is amended
 1513  to read:
 1514         723.1255 Alternative resolution of recall, election, and
 1515  inspection and photocopying of official records disputes.—
 1516         (1)A dispute between a mobile home owner and a homeowners’
 1517  association regarding the election and recall of officers or
 1518  directors under s. 723.078(2)(b) or regarding the inspection and
 1519  photocopying of official records under s. 723.079(5) must be
 1520  submitted to mandatory binding arbitration with the division.
 1521  The arbitration shall be conducted in accordance with this
 1522  section and the procedural rules adopted by the division.
 1523         (2)Each party shall be responsible for paying its own
 1524  attorney fees, expert and investigator fees, and associated
 1525  costs. The cost of the arbitrators shall be divided equally
 1526  between the parties regardless of the outcome.
 1527         (3)The division shall adopt procedural rules to govern
 1528  mandatory binding arbitration proceedings The Division of
 1529  Florida Condominiums, Timeshares, and Mobile Homes of the
 1530  Department of Business and Professional Regulation shall adopt
 1531  rules of procedure to govern binding recall arbitration
 1532  proceedings.
 1533  
 1534  ================= T I T L E  A M E N D M E N T ================
 1535  And the title is amended as follows:
 1536         Delete lines 7 - 102
 1537  and insert:
 1538         conditions under which local governments are
 1539         authorized to adopt ordinances that allow accessory
 1540         dwelling units in any area zoned for single-family
 1541         residential use; amending s. 163.31801, F.S.;
 1542         requiring counties, municipalities, and special
 1543         districts to include certain data relating to impact
 1544         fees in their annual financial reports; amending s.
 1545         166.04151, F.S.; authorizing governing bodies of
 1546         municipalities to approve the development of
 1547         affordable housing on any parcel zoned for
 1548         residential, commercial, or industrial use; amending
 1549         s. 196.196, F.S.; providing that property owned by a
 1550         person granted a specified exemption is used for a
 1551         charitable purpose under certain circumstances;
 1552         authorizing the board of county commissioners of a
 1553         county or the governing authority of a municipality to
 1554         adopt certain ordinances related to ad valorem tax
 1555         exemptions; amending s. 196.1978, F.S.; requiring
 1556         certain units to be treated as portions of property
 1557         exempt from ad valorem taxation under certain
 1558         circumstances; amending s. 320.77, F.S.; revising a
 1559         certification requirement for mobile home dealer
 1560         applicants relating to the applicant’s business
 1561         location; amending s. 320.771, F.S.; exempting certain
 1562         recreational vehicle dealer applicants from a garage
 1563         liability insurance requirement; amending s. 320.822,
 1564         F.S.; revising the definition of the term “code”;
 1565         amending s. 320.8232, F.S.; revising applicable
 1566         standards for the repair and remodeling of mobile and
 1567         manufactured homes; amending s. 367.022, F.S.;
 1568         revising an exemption from regulation for certain
 1569         water service resellers; exempting certain mobile home
 1570         park and mobile home subdivision owners from
 1571         regulation by the Florida Public Service Commission
 1572         relating to water and wastewater systems; amending s.
 1573         420.5087, F.S.; revising the criteria used by a review
 1574         committee when evaluating and selecting specified
 1575         applications for state apartment incentive loans;
 1576         amending s. 420.5095, F.S.; renaming the Community
 1577         Workforce Housing Innovation Pilot Program as the
 1578         Community Workforce Housing Loan Program to provide
 1579         workforce housing for persons affected by the high
 1580         cost of housing; revising the definition of the term
 1581         “workforce housing”; deleting the definition of the
 1582         term “public-private partnership”; authorizing the
 1583         corporation to provide loans under the program to
 1584         applicants for construction of workforce housing;
 1585         requiring the corporation to establish a certain loan
 1586         application process; deleting provisions requiring the
 1587         corporation to provide incentives for local
 1588         governments to use certain funds; requiring projects
 1589         to receive priority consideration for funding under
 1590         certain circumstances; deleting a provision providing
 1591         for the expedition of local government comprehensive
 1592         plan amendments to implement a program project;
 1593         requiring that the corporation award loans at a
 1594         specified interest rate and for a limited term;
 1595         conforming provisions to changes made by the act;
 1596         deleting a provision authorizing the corporation to
 1597         use a maximum percentage of a specified appropriation
 1598         for administration and compliance; amending s.
 1599         420.531, F.S.; specifying that technical support
 1600         provided to local governments and community-based
 1601         organizations includes implementation of the State
 1602         Apartment Incentive Loan Program; requiring the entity
 1603         providing training and technical assistance to convene
 1604         and administer biannual workshops; providing
 1605         requirements for such workshops; requiring such entity
 1606         to annually compile and submit certain information to
 1607         the Legislature and the corporation by a specified
 1608         date; amending s. 420.9073, F.S.; authorizing the
 1609         corporation to prioritize a portion of the State
 1610         Apartment Incentive Loan funding set aside for certain
 1611         purposes; requiring that such funding be used for
 1612         housing for certain persons in foster care or persons
 1613         aging out of foster care; providing requirements for
 1614         such housing; requiring the corporation to consult
 1615         with the Department of Children and Families to create
 1616         minimum criteria for such housing; amending s.
 1617         420.9075, F.S.; revising requirements for reports
 1618         submitted to the corporation by counties and certain
 1619         municipalities; amending s. 420.9076, F.S.; beginning
 1620         on a specified date, revising the membership of local
 1621         affordable housing advisory committees; requiring the
 1622         committees to perform specified duties annually
 1623         instead of triennially; revising duties of the
 1624         committees; requiring locally elected officials
 1625         serving on advisory committees, or their designees, to
 1626         attend biannual regional workshops; providing a
 1627         penalty; amending s. 423.02, F.S.; exempting certain
 1628         nonprofit instrumentalities from all taxes and special
 1629         assessments of the state or any city, town, county, or
 1630         political subdivision of the state under certain
 1631         conditions; authorizing such nonprofit
 1632         instrumentalities to agree to make payments to any
 1633         city, town, county, or political subdivision of the
 1634         state for services, improvements, or facilities
 1635         furnished by such city, town, county, or political
 1636         subdivision for the benefit of a certain housing
 1637         project; prohibiting a city, town, county, or
 1638         political subdivision of the state from renaming,
 1639         modifying terminology, or otherwise changing a tax or
 1640         assessment with a certain intent; amending s. 723.011,
 1641         F.S.; providing that a mobile home owner may be
 1642         required to install permanent improvements as
 1643         disclosed in the mobile home park prospectus; amending
 1644         s. 723.012, F.S.; requiring a mobile home park owner
 1645         to amend its prospectus under certain circumstances;
 1646         requiring a mobile home park owner to increase shared
 1647         facilities under certain circumstances; providing a
 1648         requirement for the prospectus amendment; prohibiting
 1649         certain costs and expenses from being passed on or
 1650         passed through to existing mobile home owners;
 1651         amending s. 723.023, F.S.; revising general
 1652         obligations for mobile home owners; amending s.
 1653         723.031, F.S.; revising construction relating to a
 1654         park owner’s disclosure of certain taxes and
 1655         assessments; prohibiting a mobile home park owner from
 1656         charging or collecting certain taxes or charges in
 1657         excess of a certain amount; amending s. 723.037, F.S.;
 1658         authorizing mobile home park owners to give notice of
 1659         lot rental increases for multiple anniversary dates in
 1660         one notice; providing construction; revising a
 1661         requirement for a lot rental negotiation committee;
 1662         amending s. 723.041, F.S.; providing that a mobile
 1663         home park damaged or destroyed due to natural force
 1664         may be rebuilt with the same density as previously
 1665         approved, permitted, or built; providing construction;
 1666         amending s. 723.042, F.S.; conforming a provision to
 1667         changes made by the act; amending s. 723.059, F.S.;
 1668         authorizing certain mobile home purchasers to assume
 1669         the seller’s prospectus; authorizing a mobile home
 1670         park owner to offer a purchaser any approved
 1671         prospectus; amending s. 723.061, F.S.; revising
 1672         requirements related to the provision and mailing of
 1673         eviction notices; specifying the waiver and nonwaiver
 1674         of certain rights of mobile home park owners under
 1675         certain circumstances; requiring the accounting at
 1676         final hearing of rents received; amending s. 723.076,
 1677         F.S.; providing a notice requirement for homeowners’
 1678         associations to park owners after the election or
 1679         appointment of new officers or members; amending s.
 1680         723.078, F.S.; revising requirements for homeowners’
 1681         association board elections and ballots; requiring an
 1682         impartial committee to be responsible for overseeing
 1683         the election process and complying with ballot
 1684         requirements; defining the term “impartial committee”;
 1685         requiring that association bylaws provide a method for
 1686         determining the winner of an election under certain
 1687         circumstances; requiring the division to adopt
 1688         procedural rules; revising the types of meetings that
 1689         are not required to be open to members; providing an
 1690         exception to a requirement for an officer of an
 1691         association to provide an affidavit affirming certain
 1692         information; authorizing meeting notices to be
 1693         provided by electronic means; providing that the
 1694         minutes of certain board and committee meetings are
 1695         privileged and confidential; conforming provisions to
 1696         changes made by the act; amending s. 723.079, F.S.;
 1697         revising homeowners’ association recordkeeping
 1698         requirements; revising the timeframes during which
 1699         certain records are required to be retained and be
 1700         made available for inspection or photocopying;
 1701         limiting the amount of damages for which an
 1702         association is liable when a member is denied access
 1703         to official records; requiring that certain disputes
 1704         be submitted to mandatory binding arbitration with the
 1705         division; providing requirements for such arbitration;
 1706         amending s. 723.1255, F.S.; requiring that certain
 1707         disputes be submitted to mandatory binding arbitration
 1708         with the division; providing requirements for such
 1709         arbitration and responsibility for fees and costs;
 1710         requiring the division to adopt procedural rules;
 1711         reenacting s.