Florida Senate - 2020                                     SB 998
       By Senator Hutson
       7-00386A-20                                            2020998__
    1                        A bill to be entitled                      
    2         An act relating to housing; amending s. 125.01055,
    3         F.S.; authorizing a board of county commissioners to
    4         approve development of affordable housing on any
    5         parcel zoned for residential, commercial, or
    6         industrial use; beginning on a specified date,
    7         prohibiting counties from collecting certain fees for
    8         the development or construction of affordable housing;
    9         amending s. 163.31771, F.S.; revising legislative
   10         findings; requiring local governments to adopt
   11         ordinances that allow accessory dwelling units in any
   12         area zoned for residential use; amending s. 163.31801,
   13         F.S.; requiring counties, municipalities, and special
   14         districts to include certain data relating to impact
   15         fees in their annual financial reports; deleting a
   16         provision authorizing counties, municipalities, and
   17         special districts to provide an exception for or
   18         waiver on impact fees for the development or
   19         construction of affordable housing; amending s.
   20         166.04151, F.S.; authorizing governing bodies of
   21         municipalities to approve the development of
   22         affordable housing on any parcel zoned for
   23         residential, commercial, or industrial use; beginning
   24         on a specified date, prohibiting municipalities from
   25         collecting certain fees for the development or
   26         construction of affordable housing; amending s.
   27         212.05, F.S.; providing the percentage of the sales
   28         price of certain mobile homes which is subject to
   29         sales tax; providing a sales tax exemption for certain
   30         mobile homes; amending s. 212.06, F.S.; revising the
   31         definition of the term “fixtures” to include certain
   32         mobile homes; amending s. 320.77, F.S.; revising a
   33         certification requirement for mobile home dealer
   34         applicants relating to the applicant’s business
   35         location; amending s. 320.822, F.S.; revising the
   36         definition of the term “code”; amending s. 320.8232,
   37         F.S.; revising applicable standards for the repair and
   38         remodeling of mobile and manufactured homes; amending
   39         s. 367.022, F.S.; exempting certain mobile home park
   40         and mobile home subdivision owners from regulation
   41         relating to water and wastewater systems by the
   42         Florida Public Service Commission; revising an
   43         exemption from regulation for certain water service
   44         resellers; creating s. 420.0007, F.S.; providing a
   45         local permit approval process for affordable housing;
   46         requiring local governments to issue development
   47         permits if certain conditions are met; requiring
   48         applicants for development permits to submit certain
   49         notice to the local government if relying on a
   50         specified approval provision; amending s. 420.5087,
   51         F.S.; revising the criteria used by a review committee
   52         when evaluating and selecting specified applications
   53         for state apartment incentive loans; amending s.
   54         420.5095, F.S.; renaming the Community Workforce
   55         Housing Innovation Pilot Program as the Community
   56         Workforce Housing Loan Program to provide workforce
   57         housing for essential services personnel affected by
   58         the high cost of housing; revising the definition of
   59         the term “workforce housing”; deleting the definition
   60         of the term “public-private partnership”; authorizing
   61         the corporation to provide loans under the program to
   62         applicants for construction of workforce housing;
   63         requiring the corporation to establish a certain loan
   64         application process; deleting provisions requiring the
   65         corporation to provide incentives for local
   66         governments to use certain funds; requiring projects
   67         to receive priority consideration for funding under
   68         certain circumstances; deleting a provision providing
   69         for the expedition of local government comprehensive
   70         plan amendments to implement a program project;
   71         requiring that the corporation award loans at a
   72         specified interest rate and for a limited term;
   73         conforming provisions to changes made by the act;
   74         creating s. 420.5098, F.S.; creating the Rental to
   75         Homeownership Opportunity Program; requiring certain
   76         rental developments to establish a resident
   77         homeownership opportunity financial incentive program;
   78         specifying requirements relating to the program;
   79         authorizing the Florida Housing Finance Corporation to
   80         adopt rules; amending s. 420.531, F.S.; specifying
   81         that technical support provided to local governments
   82         and community-based organizations includes
   83         implementation of the State Apartment Incentive Loan
   84         Program; requiring the entity providing training and
   85         technical assistance to convene and administer
   86         quarterly workshops; requiring such entity to annually
   87         compile and submit certain information to the
   88         Legislature and the corporation by a specified date;
   89         amending s. 420.9071, F.S.; revising the definition of
   90         the term “local housing incentive strategies”;
   91         amending s. 420.9075, F.S.; revising the criteria for
   92         awards made to eligible sponsors or persons relating
   93         to local housing assistance plans; revising the amount
   94         of funds that may be reserved for certain purposes;
   95         reenacting and amending s. 420.9076, F.S.; beginning
   96         on a specified date, revising the membership of local
   97         affordable housing advisory committees; requiring the
   98         committees to perform specified duties annually
   99         instead of triennially; requiring locally elected
  100         officials serving on advisory committees, or their
  101         designees, to attend quarterly regional workshops;
  102         providing a penalty; amending s. 723.041, F.S.;
  103         providing that a mobile home park damaged or destroyed
  104         due to natural force may be rebuilt with the same
  105         density as previously approved, permitted, or built;
  106         providing construction; amending s. 723.061, F.S.;
  107         revising a requirement related to mailing eviction
  108         notices; specifying the waiver and nonwaiver of
  109         certain rights of the park owner under certain
  110         circumstances; requiring the accounting at final
  111         hearing of rents received; requiring a tenant
  112         defending certain actions by a landlord to comply with
  113         certain requirements; amending s. 723.063, F.S.;
  114         revising procedures and requirements for mobile home
  115         owners and revising construction, relating to park
  116         owners’ actions for rent or possession; revising
  117         conditions under which a park owner may apply to a
  118         court for disbursement of certain funds; reenacting s.
  119         420.507(22)(i), F.S., relating to powers of the
  120         Florida Housing Finance Corporation, to incorporate
  121         the amendment made to s. 420.5087, F.S., in a
  122         reference thereto; reenacting s. 193.018(2), F.S.,
  123         relating to land owned by a community land trust used
  124         to provide affordable housing, to incorporate the
  125         amendment made to s. 420.5095, F.S., in a reference
  126         thereto; reenacting s. 420.9072(2)(a), F.S., relating
  127         to the State Housing Initiatives Partnership Program,
  128         to incorporate the amendment made to s. 420.9071,
  129         F.S., in a reference thereto; providing an effective
  130         date.
  132  Be It Enacted by the Legislature of the State of Florida:
  134         Section 1. Subsections (4) and (5) are added to section
  135  125.01055, Florida Statutes, to read:
  136         125.01055 Affordable housing.—
  137         (4) Notwithstanding any other law or local ordinance or
  138  regulation to the contrary, the board of county commissioners
  139  may approve the development of housing that is affordable, as
  140  defined in s. 420.0004, on any parcel zoned for residential,
  141  commercial, or industrial use.
  142         (5) Beginning October 1, 2020, a county may not collect an
  143  impact fee, a permit or inspection fee, a tree mitigation fee, a
  144  water and sewer connection fee, or a proportionate share
  145  contribution for the development or construction of housing that
  146  is affordable, as defined in s. 420.0004.
  147         Section 2. Subsections (1), (3), and (4) of section
  148  163.31771, Florida Statutes, are amended to read:
  149         163.31771 Accessory dwelling units.—
  150         (1) The Legislature finds that the median price of homes in
  151  this state has increased steadily over the last decade and at a
  152  greater rate of increase than the median income in many urban
  153  areas. The Legislature finds that the cost of rental housing has
  154  also increased steadily and the cost often exceeds an amount
  155  that is affordable to extremely-low-income, very-low-income,
  156  low-income, or moderate-income persons and has resulted in a
  157  critical shortage of affordable rentals in many urban areas in
  158  the state. This shortage of affordable rentals constitutes a
  159  threat to the health, safety, and welfare of the residents of
  160  the state. Therefore, the Legislature finds that it serves an
  161  important public purpose to require encourage the permitting of
  162  accessory dwelling units in single-family residential areas in
  163  order to increase the availability of affordable rentals for
  164  extremely-low-income, very-low-income, low-income, or moderate
  165  income persons.
  166         (3) A Upon a finding by a local government that there is a
  167  shortage of affordable rentals within its jurisdiction, the
  168  local government shall may adopt an ordinance to allow accessory
  169  dwelling units in any area zoned for single-family residential
  170  use.
  171         (4) If the local government adopts an ordinance under this
  172  section, An application for a building permit to construct an
  173  accessory dwelling unit must include an affidavit from the
  174  applicant which attests that the unit will be rented at an
  175  affordable rate to an extremely-low-income, very-low-income,
  176  low-income, or moderate-income person or persons.
  177         Section 3. Subsection (8) of section 163.31801, Florida
  178  Statutes, is amended to read:
  179         163.31801 Impact fees; short title; intent; minimum
  180  requirements; audits; challenges.—
  181         (8) In addition to the items that must be reported in the
  182  annual financial reports under s. 218.32, a county,
  183  municipality, or special district must report all of the
  184  following data on all impact fees charged:
  185         (a)The specific purpose of the impact fee, including the
  186  specific infrastructure needs to be met, including, but not
  187  limited to, transportation, parks, water, sewer, and schools.
  188         (b)The impact fee schedule policy describing the method of
  189  calculating impact fees, such as flat fees, tiered scales based
  190  on number of bedrooms, or tiered scales based on square footage.
  191         (c)The amount assessed for each purpose and for each type
  192  of dwelling.
  193         (d)The total amount of impact fees charged by type of
  194  dwelling may provide an exception or waiver for an impact fee
  195  for the development or construction of housing that is
  196  affordable, as defined in s. 420.9071. If a county,
  197  municipality, or special district provides such an exception or
  198  waiver, it is not required to use any revenues to offset the
  199  impact.
  200         Section 4. Subsections (4) and (5) are added to section
  201  166.04151, Florida Statutes, to read:
  202         166.04151 Affordable housing.—
  203         (4) Notwithstanding any other law or local ordinance or
  204  regulation to the contrary, the governing body of a municipality
  205  may approve the development of housing that is affordable, as
  206  defined in s. 420.0004, on any parcel zoned for residential,
  207  commercial, or industrial use.
  208         (5) Beginning October 1, 2020, a municipality may not
  209  collect an impact fee, a permit or inspection fee, a tree
  210  mitigation fee, a water and sewer connection fee, or a
  211  proportionate share contribution for the development or
  212  construction of housing that is affordable, as defined in s.
  213  420.0004.
  214         Section 5. Paragraph (a) of subsection (1) of section
  215  212.05, Florida Statutes, is amended to read:
  216         212.05 Sales, storage, use tax.—It is hereby declared to be
  217  the legislative intent that every person is exercising a taxable
  218  privilege who engages in the business of selling tangible
  219  personal property at retail in this state, including the
  220  business of making mail order sales, or who rents or furnishes
  221  any of the things or services taxable under this chapter, or who
  222  stores for use or consumption in this state any item or article
  223  of tangible personal property as defined herein and who leases
  224  or rents such property within the state.
  225         (1) For the exercise of such privilege, a tax is levied on
  226  each taxable transaction or incident, which tax is due and
  227  payable as follows:
  228         (a)1.a. At the rate of 6 percent of the sales price of each
  229  item or article of tangible personal property when sold at
  230  retail in this state, computed on each taxable sale for the
  231  purpose of remitting the amount of tax due the state, and
  232  including each and every retail sale.
  233         b. Each occasional or isolated sale of an aircraft, boat,
  234  mobile home, or motor vehicle of a class or type that which is
  235  required to be registered, licensed, titled, or documented in
  236  this state or by the United States Government shall be subject
  237  to tax at the rate provided in this paragraph. A mobile home
  238  shall be assessed sales tax at a rate of 6 percent on 50 percent
  239  of the sales price of the mobile home, if subject to sales tax
  240  as tangible personal property. However, a mobile home is not
  241  subject to sales tax if the mobile home is intended to be
  242  permanently affixed to the land and the purchaser signs an
  243  affidavit stating that he or she intends to seek an “RP” series
  244  sticker pursuant to s. 320.0815(2). The department shall by rule
  245  adopt any nationally recognized publication for valuation of
  246  used motor vehicles as the reference price list for any used
  247  motor vehicle which is required to be licensed pursuant to s.
  248  320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party
  249  to an occasional or isolated sale of such a vehicle reports to
  250  the tax collector a sales price that which is less than 80
  251  percent of the average loan price for the specified model and
  252  year of such vehicle as listed in the most recent reference
  253  price list, the tax levied under this paragraph shall be
  254  computed by the department on such average loan price unless the
  255  parties to the sale have provided to the tax collector an
  256  affidavit signed by each party, or other substantial proof,
  257  stating the actual sales price. Any party to such sale who
  258  reports a sales price less than the actual sales price is guilty
  259  of a misdemeanor of the first degree, punishable as provided in
  260  s. 775.082 or s. 775.083. The department shall collect or
  261  attempt to collect from such party any delinquent sales taxes.
  262  In addition, such party shall pay any tax due and any penalty
  263  and interest assessed plus a penalty equal to twice the amount
  264  of the additional tax owed. Notwithstanding any other provision
  265  of law, the Department of Revenue may waive or compromise any
  266  penalty imposed pursuant to this subparagraph.
  267         2. This paragraph does not apply to the sale of a boat or
  268  aircraft by or through a registered dealer under this chapter to
  269  a purchaser who, at the time of taking delivery, is a
  270  nonresident of this state, does not make his or her permanent
  271  place of abode in this state, and is not engaged in carrying on
  272  in this state any employment, trade, business, or profession in
  273  which the boat or aircraft will be used in this state, or is a
  274  corporation none of the officers or directors of which is a
  275  resident of, or makes his or her permanent place of abode in,
  276  this state, or is a noncorporate entity that has no individual
  277  vested with authority to participate in the management,
  278  direction, or control of the entity’s affairs who is a resident
  279  of, or makes his or her permanent abode in, this state. For
  280  purposes of this exemption, either a registered dealer acting on
  281  his or her own behalf as seller, a registered dealer acting as
  282  broker on behalf of a seller, or a registered dealer acting as
  283  broker on behalf of the purchaser may be deemed to be the
  284  selling dealer. This exemption shall not be allowed unless:
  285         a. The purchaser removes a qualifying boat, as described in
  286  sub-subparagraph f., from the state within 90 days after the
  287  date of purchase or extension, or the purchaser removes a
  288  nonqualifying boat or an aircraft from this state within 10 days
  289  after the date of purchase or, when the boat or aircraft is
  290  repaired or altered, within 20 days after completion of the
  291  repairs or alterations; or if the aircraft will be registered in
  292  a foreign jurisdiction and:
  293         (I) Application for the aircraft’s registration is properly
  294  filed with a civil airworthiness authority of a foreign
  295  jurisdiction within 10 days after the date of purchase;
  296         (II) The purchaser removes the aircraft from the state to a
  297  foreign jurisdiction within 10 days after the date the aircraft
  298  is registered by the applicable foreign airworthiness authority;
  299  and
  300         (III) The aircraft is operated in the state solely to
  301  remove it from the state to a foreign jurisdiction.
  303  For purposes of this sub-subparagraph, the term “foreign
  304  jurisdiction” means any jurisdiction outside of the United
  305  States or any of its territories;
  306         b. The purchaser, within 30 days from the date of
  307  departure, provides the department with written proof that the
  308  purchaser licensed, registered, titled, or documented the boat
  309  or aircraft outside the state. If such written proof is
  310  unavailable, within 30 days the purchaser shall provide proof
  311  that the purchaser applied for such license, title,
  312  registration, or documentation. The purchaser shall forward to
  313  the department proof of title, license, registration, or
  314  documentation upon receipt;
  315         c. The purchaser, within 10 days of removing the boat or
  316  aircraft from Florida, furnishes the department with proof of
  317  removal in the form of receipts for fuel, dockage, slippage,
  318  tie-down, or hangaring from outside of Florida. The information
  319  so provided must clearly and specifically identify the boat or
  320  aircraft;
  321         d. The selling dealer, within 5 days of the date of sale,
  322  provides to the department a copy of the sales invoice, closing
  323  statement, bills of sale, and the original affidavit signed by
  324  the purchaser attesting that he or she has read the provisions
  325  of this section;
  326         e. The seller makes a copy of the affidavit a part of his
  327  or her record for as long as required by s. 213.35; and
  328         f. Unless The nonresident purchaser of a boat of 5 net tons
  329  of admeasurement or larger intends to remove the boat from this
  330  state within 10 days after the date of purchase or when the boat
  331  is repaired or altered, within 20 days after completion of the
  332  repairs or alterations, the nonresident purchaser applies to the
  333  selling dealer for a decal which authorizes 90 days after the
  334  date of purchase for removal of the boat. The nonresident
  335  purchaser of a qualifying boat may apply to the selling dealer
  336  within 60 days after the date of purchase for an extension decal
  337  that authorizes the boat to remain in this state for an
  338  additional 90 days, but not more than a total of 180 days,
  339  before the nonresident purchaser is required to pay the tax
  340  imposed by this chapter. The department is authorized to issue
  341  decals in advance to dealers. The number of decals issued in
  342  advance to a dealer shall be consistent with the volume of the
  343  dealer’s past sales of boats which qualify under this sub
  344  subparagraph. The selling dealer or his or her agent shall mark
  345  and affix the decals to qualifying boats in the manner
  346  prescribed by the department, before delivery of the boat.
  347         (I) The department is hereby authorized to charge dealers a
  348  fee sufficient to recover the costs of decals issued, except the
  349  extension decal shall cost $425.
  350         (II) The proceeds from the sale of decals will be deposited
  351  into the administrative trust fund.
  352         (III) Decals shall display information to identify the boat
  353  as a qualifying boat under this sub-subparagraph, including, but
  354  not limited to, the decal’s date of expiration.
  355         (IV) The department is authorized to require dealers who
  356  purchase decals to file reports with the department and may
  357  prescribe all necessary records by rule. All such records are
  358  subject to inspection by the department.
  359         (V) Any dealer or his or her agent who issues a decal
  360  falsely, fails to affix a decal, mismarks the expiration date of
  361  a decal, or fails to properly account for decals will be
  362  considered prima facie to have committed a fraudulent act to
  363  evade the tax and will be liable for payment of the tax plus a
  364  mandatory penalty of 200 percent of the tax, and shall be liable
  365  for fine and punishment as provided by law for a conviction of a
  366  misdemeanor of the first degree, as provided in s. 775.082 or s.
  367  775.083.
  368         (VI) Any nonresident purchaser of a boat who removes a
  369  decal before permanently removing the boat from the state, or
  370  defaces, changes, modifies, or alters a decal in a manner
  371  affecting its expiration date before its expiration, or who
  372  causes or allows the same to be done by another, will be
  373  considered prima facie to have committed a fraudulent act to
  374  evade the tax and will be liable for payment of the tax plus a
  375  mandatory penalty of 200 percent of the tax, and shall be liable
  376  for fine and punishment as provided by law for a conviction of a
  377  misdemeanor of the first degree, as provided in s. 775.082 or s.
  378  775.083.
  379         (VII) The department is authorized to adopt rules necessary
  380  to administer and enforce this subparagraph and to publish the
  381  necessary forms and instructions.
  382         (VIII) The department is hereby authorized to adopt
  383  emergency rules pursuant to s. 120.54(4) to administer and
  384  enforce the provisions of this subparagraph.
  386  If the purchaser fails to remove the qualifying boat from this
  387  state within the maximum 180 days after purchase or a
  388  nonqualifying boat or an aircraft from this state within 10 days
  389  after purchase or, when the boat or aircraft is repaired or
  390  altered, within 20 days after completion of such repairs or
  391  alterations, or permits the boat or aircraft to return to this
  392  state within 6 months from the date of departure, except as
  393  provided in s. 212.08(7)(fff), or if the purchaser fails to
  394  furnish the department with any of the documentation required by
  395  this subparagraph within the prescribed time period, the
  396  purchaser shall be liable for use tax on the cost price of the
  397  boat or aircraft and, in addition thereto, payment of a penalty
  398  to the Department of Revenue equal to the tax payable. This
  399  penalty shall be in lieu of the penalty imposed by s. 212.12(2).
  400  The maximum 180-day period following the sale of a qualifying
  401  boat tax-exempt to a nonresident may not be tolled for any
  402  reason.
  403         Section 6. Paragraph (b) of subsection (14) of section
  404  212.06, Florida Statutes, is amended to read:
  405         212.06 Sales, storage, use tax; collectible from dealers;
  406  “dealer” defined; dealers to collect from purchasers;
  407  legislative intent as to scope of tax.—
  408         (14) For the purpose of determining whether a person is
  409  improving real property, the term:
  410         (b) “Fixtures” means items that are an accessory to a
  411  building, other structure, or land and that do not lose their
  412  identity as accessories when installed but that do become
  413  permanently attached to realty. However, the term does not
  414  include the following items, whether or not such items are
  415  attached to real property in a permanent manner:
  416         1. Property of a type that is required to be registered,
  417  licensed, titled, or documented by this state or by the United
  418  States Government, including, but not limited to, mobile homes,
  419  except the term includes mobile homes assessed as real property
  420  or intended to be qualified and taxed as real property pursuant
  421  to s. 320.0815(2)., or
  422         2. Industrial machinery or equipment.
  424  For purposes of this paragraph, industrial machinery or
  425  equipment is not limited to machinery and equipment used to
  426  manufacture, process, compound, or produce tangible personal
  427  property. For an item to be considered a fixture, it is not
  428  necessary that the owner of the item also own the real property
  429  to which it is attached.
  430         Section 7. Paragraph (h) of subsection (3) of section
  431  320.77, Florida Statutes, is amended to read:
  432         320.77 License required of mobile home dealers.—
  433         (3) APPLICATION.—The application for such license shall be
  434  in the form prescribed by the department and subject to such
  435  rules as may be prescribed by it. The application shall be
  436  verified by oath or affirmation and shall contain:
  437         (h) Certification by the applicant:
  438         1. That the location is a permanent one, not a tent or a
  439  temporary stand or other temporary quarters.; and,
  440         2. Except in the case of a mobile home broker, that the
  441  location affords sufficient unoccupied space to display store
  442  all mobile homes offered and displayed for sale. A space to
  443  display a manufactured home as a model home is sufficient to
  444  satisfy this requirement.; and that The location must be is a
  445  suitable place in which the applicant can in good faith carry on
  446  business and keep and maintain books, records, and files
  447  necessary to conduct such business, which must will be available
  448  at all reasonable hours to inspection by the department or any
  449  of its inspectors or other employees.
  451  This paragraph does subsection shall not preclude a licensed
  452  mobile home dealer from displaying and offering for sale mobile
  453  homes in a mobile home park.
  455  The department shall, if it deems necessary, cause an
  456  investigation to be made to ascertain if the facts set forth in
  457  the application are true and shall not issue a license to the
  458  applicant until it is satisfied that the facts set forth in the
  459  application are true.
  460         Section 8. Paragraph (c) of subsection (2) of section
  461  320.822, Florida Statutes, is amended to read:
  462         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
  463  320.822-320.862, unless the context otherwise requires, the
  464  following words or phrases have the following meanings:
  465         (2) “Code” means the appropriate standards found in:
  466         (c) The Mobile and Manufactured Home Repair and Remodeling
  467  Code and the Used Recreational Vehicle Code.
  468         Section 9. Subsection (2) of section 320.8232, Florida
  469  Statutes, is amended to read:
  470         320.8232 Establishment of uniform standards for used
  471  recreational vehicles and repair and remodeling code for mobile
  472  homes.—
  473         (2) The Mobile and Manufactured Home provisions of the
  474  Repair and Remodeling Code must be a uniform code, must shall
  475  ensure safe and livable housing, and may shall not be more
  476  stringent than those standards required to be met in the
  477  manufacture of mobile homes. Such code must provisions shall
  478  include, but not be limited to, standards for structural
  479  adequacy, plumbing, heating, electrical systems, and fire and
  480  life safety. All repairs and remodeling of mobile and
  481  manufactured homes must be performed in accordance with
  482  department rules.
  483         Section 10. Subsections (5) and (9) of section 367.022,
  484  Florida Statutes, are amended to read:
  485         367.022 Exemptions.—The following are not subject to
  486  regulation by the commission as a utility nor are they subject
  487  to the provisions of this chapter, except as expressly provided:
  488         (5) Landlords providing service to their tenants without
  489  specific compensation for the service. This exemption includes
  490  an owner of a mobile home park or a mobile home subdivision, as
  491  defined in s. 723.003, who is providing service to any person
  492  who:
  493         (a)Is leasing a lot;
  494         (b)Is leasing a mobile home and a lot; or
  495         (c)Owns a lot in a mobile home subdivision.
  496         (9) Any person who resells water service to his or her
  497  tenants or to individually metered residents for a fee that does
  498  not exceed the actual purchase price of the water and wastewater
  499  service plus the actual cost of meter reading and billing, not
  500  to exceed 9 percent of the actual cost of service.
  501         Section 11. Section 420.0007, Florida Statutes, is created
  502  to read:
  503         420.0007Local permit approval process for affordable
  504  housing.—
  505         (1)A local government has 60 days after the date it
  506  receives an application for a development permit, a construction
  507  permit, or a certificate of occupancy for affordable housing to
  508  examine the application and notify the applicant of any apparent
  509  errors or omissions and to request any additional information
  510  that the local government is authorized by law to require.
  511         (2)If a local government does not notify the applicant of
  512  any apparent errors or omissions or request additional
  513  information within the timeframe specified in subsection (1),
  514  the local government may not deny a development permit, a
  515  construction permit, or a certificate of occupancy for
  516  affordable housing if the applicant has failed to correct the
  517  errors or the omissions or to supply the additional information.
  518         (3)The local government may require any additional
  519  information requested to be submitted not later than 10 days
  520  after the date of the notice specified in subsection (1).
  521         (4)For good cause shown, the local government shall grant
  522  an applicant’s request for an extension of time for submitting
  523  the additional information.
  524         (5)An application is complete upon receipt of all
  525  requested information and upon the correction of any error or
  526  omission of which the applicant was timely notified, or when the
  527  time for notification under subsection (1) has expired.
  528         (6)The local government shall approve or deny an
  529  application for a development permit, a construction permit, or
  530  a certificate of occupancy for affordable housing within 30 days
  531  after receipt of a completed application unless a shorter period
  532  of time for action by local government is provided by law.
  533         (7)If the local government does not approve or deny an
  534  application for a development permit, a construction permit, or
  535  a certificate of occupancy for affordable housing within the 30
  536  day, or a shorter, period, the permit or certificate is
  537  considered approved by default, and the local government shall
  538  issue the development permit, the construction permit, or the
  539  certificate of occupancy, which may include reasonable
  540  conditions as authorized by law.
  541         (8)An applicant for a development permit, a construction
  542  permit, or a certificate of occupancy seeking to receive a
  543  permit or certificate by default under subsection (7) must
  544  notify the local government in writing of the intent to rely
  545  upon the default approval provision of subsection (7), but may
  546  not take any action based upon the default approval of the
  547  development permit, the construction permit, or the certificate
  548  of occupancy until the applicant receives notification or a
  549  receipt that the local government received the notice. The
  550  applicant must retain the notification or the receipt.
  551         Section 12. Paragraph (c) of subsection (6) of section
  552  420.5087, Florida Statutes, is amended to read:
  553         420.5087 State Apartment Incentive Loan Program.—There is
  554  hereby created the State Apartment Incentive Loan Program for
  555  the purpose of providing first, second, or other subordinated
  556  mortgage loans or loan guarantees to sponsors, including for
  557  profit, nonprofit, and public entities, to provide housing
  558  affordable to very-low-income persons.
  559         (6) On all state apartment incentive loans, except loans
  560  made to housing communities for the elderly to provide for
  561  lifesafety, building preservation, health, sanitation, or
  562  security-related repairs or improvements, the following
  563  provisions shall apply:
  564         (c) The corporation shall provide by rule for the
  565  establishment of a review committee for the competitive
  566  evaluation and selection of applications submitted in this
  567  program, including, but not limited to, the following criteria:
  568         1. Tenant income and demographic targeting objectives of
  569  the corporation.
  570         2. Targeting objectives of the corporation which will
  571  ensure an equitable distribution of loans between rural and
  572  urban areas.
  573         3. Sponsor’s agreement to reserve the units for persons or
  574  families who have incomes below 50 percent of the state or local
  575  median income, whichever is higher, for a time period that
  576  exceeds the minimum required by federal law or this part.
  577         4. Sponsor’s agreement to reserve more than:
  578         a. Twenty percent of the units in the project for persons
  579  or families who have incomes that do not exceed 50 percent of
  580  the state or local median income, whichever is higher; or
  581         b. Forty percent of the units in the project for persons or
  582  families who have incomes that do not exceed 60 percent of the
  583  state or local median income, whichever is higher, without
  584  requiring a greater amount of the loans as provided in this
  585  section.
  586         5. Provision for tenant counseling.
  587         6. Sponsor’s agreement to accept rental assistance
  588  certificates or vouchers as payment for rent.
  589         7. Projects requiring the least amount of a state apartment
  590  incentive loan compared to overall project cost, except that the
  591  share of the loan attributable to units serving extremely-low
  592  income persons must be excluded from this requirement.
  593         8. Local government contributions and local government
  594  comprehensive planning and activities that promote affordable
  595  housing and policies that promote access to public
  596  transportation, reduce the need for onsite parking, and expedite
  597  permits for affordable housing projects as provided in s.
  598  420.0007.
  599         9. Project feasibility.
  600         10. Economic viability of the project.
  601         11. Commitment of first mortgage financing.
  602         12. Sponsor’s prior experience.
  603         13. Sponsor’s ability to proceed with construction.
  604         14. Projects that directly implement or assist welfare-to
  605  work transitioning.
  606         15. Projects that reserve units for extremely-low-income
  607  persons.
  608         16. Projects that include green building principles, storm
  609  resistant construction, or other elements that reduce long-term
  610  costs relating to maintenance, utilities, or insurance.
  611         17. Job-creation rate of the developer and general
  612  contractor, as provided in s. 420.507(47).
  613         Section 13. Section 420.5095, Florida Statutes, is amended
  614  to read:
  615         420.5095 Community Workforce Housing Loan Innovation Pilot
  616  Program.—
  617         (1) The Legislature finds and declares that recent rapid
  618  increases in the median purchase price of a home and the cost of
  619  rental housing have far outstripped the increases in median
  620  income in the state, preventing essential services personnel
  621  from living in the communities where they serve and thereby
  622  creating the need for innovative solutions for the provision of
  623  housing opportunities for essential services personnel.
  624         (2) The Community Workforce Housing Loan Innovation Pilot
  625  Program is created to provide affordable rental and home
  626  ownership community workforce housing for essential services
  627  personnel affected by the high cost of housing, using regulatory
  628  incentives and state and local funds to promote local public
  629  private partnerships and leverage government and private
  630  resources.
  631         (3) For purposes of this section, the term:
  632         (a) “workforce housing” means housing affordable to natural
  633  persons or families whose total annual household income does not
  634  exceed 80 140 percent of the area median income, adjusted for
  635  household size, or 120 150 percent of area median income,
  636  adjusted for household size, in areas of critical state concern
  637  designated under s. 380.05, for which the Legislature has
  638  declared its intent to provide affordable housing, and areas
  639  that were designated as areas of critical state concern for at
  640  least 20 consecutive years before prior to removal of the
  641  designation.
  642         (b) “Public-private partnership” means any form of business
  643  entity that includes substantial involvement of at least one
  644  county, one municipality, or one public sector entity, such as a
  645  school district or other unit of local government in which the
  646  project is to be located, and at least one private sector for
  647  profit or not-for-profit business or charitable entity, and may
  648  be any form of business entity, including a joint venture or
  649  contractual agreement.
  650         (4) The Florida Housing Finance Corporation is authorized
  651  to provide loans under the Community Workforce Housing
  652  Innovation Pilot program loans to applicants an applicant for
  653  construction or rehabilitation of workforce housing in eligible
  654  areas. This funding is intended to be used with other public and
  655  private sector resources.
  656         (5) The corporation shall establish a loan application
  657  process under s. 420.5087 by rule which includes selection
  658  criteria, an application review process, and a funding process.
  659  The corporation shall also establish an application review
  660  committee that may include up to three private citizens
  661  representing the areas of housing or real estate development,
  662  banking, community planning, or other areas related to the
  663  development or financing of workforce and affordable housing.
  664         (a) The selection criteria and application review process
  665  must include a procedure for curing errors in the loan
  666  applications which do not make a substantial change to the
  667  proposed project.
  668         (b) To achieve the goals of the pilot program, the
  669  application review committee may approve or reject loan
  670  applications or responses to questions raised during the review
  671  of an application due to the insufficiency of information
  672  provided.
  673         (c) The application review committee shall make
  674  recommendations concerning program participation and funding to
  675  the corporation’s board of directors.
  676         (d) The board of directors shall approve or reject loan
  677  applications, determine the tentative loan amount available to
  678  each applicant, and rank all approved applications.
  679         (e) The board of directors shall decide which approved
  680  applicants will become program participants and determine the
  681  maximum loan amount for each program participant.
  682         (6) The corporation shall provide incentives for local
  683  governments in eligible areas to use local affordable housing
  684  funds, such as those from the State Housing Initiatives
  685  Partnership Program, to assist in meeting the affordable housing
  686  needs of persons eligible under this program. Local governments
  687  are authorized to use State Housing Initiative Partnership
  688  Program funds for persons or families whose total annual
  689  household income does not exceed:
  690         (a) One hundred and forty percent of the area median
  691  income, adjusted for household size; or
  692         (b) One hundred and fifty percent of the area median
  693  income, adjusted for household size, in areas that were
  694  designated as areas of critical state concern for at least 20
  695  consecutive years prior to the removal of the designation and in
  696  areas of critical state concern, designated under s. 380.05, for
  697  which the Legislature has declared its intent to provide
  698  affordable housing.
  699         (7) Funding shall be targeted to innovative projects in
  700  areas where the disparity between the area median income and the
  701  median sales price for a single-family home is greatest, and
  702  where population growth as a percentage rate of increase is
  703  greatest. The corporation may also fund projects in areas where
  704  innovative regulatory and financial incentives are made
  705  available. The corporation shall fund at least one eligible
  706  project in as many counties and regions of the state as is
  707  practicable, consistent with program goals.
  708         (6)(8) Projects must be given shall receive priority
  709  consideration for funding if where:
  710         (a) The local jurisdiction has adopted, or is committed to
  711  adopting, appropriate regulatory incentives, or the local
  712  jurisdiction or public-private partnership has adopted or is
  713  committed to adopting local contributions or financial
  714  strategies, or other funding sources to promote the development
  715  and ongoing financial viability of such projects. Local
  716  incentives include such actions as expediting review of
  717  development orders and permits, supporting development near
  718  transportation hubs and major employment centers, and adopting
  719  land development regulations designed to allow flexibility in
  720  densities, use of accessory units, mixed-use developments, and
  721  flexible lot configurations. Financial strategies include such
  722  actions as promoting employer-assisted housing programs,
  723  providing tax increment financing, and providing land.
  724         (b) Projects are innovative and include new construction or
  725  rehabilitation; mixed-income housing; commercial and housing
  726  mixed-use elements; innovative design; green building
  727  principles; storm-resistant construction; or other elements that
  728  reduce long-term costs relating to maintenance, utilities, or
  729  insurance and promote homeownership. The program funding may not
  730  exceed the costs attributable to the portion of the project that
  731  is set aside to provide housing for the targeted population.
  732         (b)(c)The projects that set aside not more than 50 at
  733  least 80 percent of units for workforce housing and at least 50
  734  percent for essential services personnel and for projects that
  735  require the least amount of program funding compared to the
  736  overall housing costs for the project.
  737         (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
  738  government comprehensive plan amendment to implement a Community
  739  Workforce Housing Innovation Pilot Program project found
  740  consistent with this section shall be expedited as provided in
  741  this subsection. At least 30 days prior to adopting a plan
  742  amendment under this subsection, the local government shall
  743  notify the state land planning agency of its intent to adopt
  744  such an amendment, and the notice shall include its evaluation
  745  related to site suitability and availability of facilities and
  746  services. The public notice of the hearing required by s.
  747  163.3184(11)(b)2. shall include a statement that the local
  748  government intends to use the expedited adoption process
  749  authorized by this subsection. Such amendments shall require
  750  only a single public hearing before the governing board, which
  751  shall be an adoption hearing as described in s. 163.3184(4)(e).
  752  Any further proceedings shall be governed by s. 163.3184(5)
  753  (13).
  754         (10) The processing of approvals of development orders or
  755  development permits, as defined in s. 163.3164, for innovative
  756  community workforce housing projects shall be expedited.
  757         (7)(11) The corporation shall award loans with a 1 interest
  758  rates set at 1 to 3 percent interest rate for a term that does
  759  not exceed 15 years, which may be made forgivable when long-term
  760  affordability is provided and when at least 80 percent of the
  761  units are set aside for workforce housing and at least 50
  762  percent of the units are set aside for essential services
  763  personnel.
  764         (12) All eligible applications shall:
  765         (a) For home ownership, limit the sales price of a detached
  766  unit, townhome, or condominium unit to not more than 90 percent
  767  of the median sales price for that type of unit in that county,
  768  or the statewide median sales price for that type of unit,
  769  whichever is higher, and require that all eligible purchasers of
  770  home ownership units occupy the homes as their primary
  771  residence.
  772         (b) For rental units, restrict rents for all workforce
  773  housing serving those with incomes at or below 120 percent of
  774  area median income at the appropriate income level using the
  775  restricted rents for the federal low-income housing tax credit
  776  program and, for workforce housing units serving those with
  777  incomes above 120 percent of area median income, restrict rents
  778  to those established by the corporation, not to exceed 30
  779  percent of the maximum household income adjusted to unit size.
  780         (c) Demonstrate that the applicant is a public-private
  781  partnership in an agreement, contract, partnership agreement,
  782  memorandum of understanding, or other written instrument signed
  783  by all the project partners.
  784         (d) Have grants, donations of land, or contributions from
  785  the public-private partnership or other sources collectively
  786  totaling at least 10 percent of the total development cost or $2
  787  million, whichever is less. Such grants, donations of land, or
  788  contributions must be evidenced by a letter of commitment,
  789  agreement, contract, deed, memorandum of understanding, or other
  790  written instrument at the time of application. Grants, donations
  791  of land, or contributions in excess of 10 percent of the
  792  development cost shall increase the application score.
  793         (e) Demonstrate how the applicant will use the regulatory
  794  incentives and financial strategies outlined in subsection (8)
  795  from the local jurisdiction in which the proposed project is to
  796  be located. The corporation may consult with the Department of
  797  Economic Opportunity in evaluating the use of regulatory
  798  incentives by applicants.
  799         (f) Demonstrate that the applicant possesses title to or
  800  site control of land and evidences availability of required
  801  infrastructure.
  802         (g) Demonstrate the applicant’s affordable housing
  803  development and management experience.
  804         (h) Provide any research or facts available supporting the
  805  demand and need for rental or home ownership workforce housing
  806  for eligible persons in the market in which the project is
  807  proposed.
  808         (13) Projects may include manufactured housing constructed
  809  after June 1994 and installed in accordance with mobile home
  810  installation standards of the Department of Highway Safety and
  811  Motor Vehicles.
  812         (8)(14) The corporation may adopt rules pursuant to ss.
  813  120.536(1) and 120.54 to implement this section.
  814         (15) The corporation may use a maximum of 2 percent of the
  815  annual program appropriation for administration and compliance
  816  monitoring.
  817         (16) The corporation shall review the success of the
  818  Community Workforce Housing Innovation Pilot Program to
  819  ascertain whether the projects financed by the program are
  820  useful in meeting the housing needs of eligible areas and shall
  821  include its findings in the annual report required under s.
  822  420.511(3).
  823         Section 14. Section 420.5098, Florida Statutes, is created
  824  to read:
  825         420.5098 Rental to Homeownership Opportunity Program.—
  826         (1) Each rental development receiving funding authorized by
  827  this chapter shall establish a resident homeownership
  828  opportunity financial incentive program that includes the
  829  following provisions:
  830         (a) The incentive must be not less than 5 percent of the
  831  rent for the resident’s unit during the resident’s entire
  832  occupancy.
  833         (b) The resident will receive the incentive for all months
  834  for which the resident is in compliance with the terms and
  835  conditions of the lease.
  836         (c) The benefits of the incentive must accrue from the
  837  beginning of occupancy.
  838         (d) The benefit must be in the form of a gift or grant and
  839  may not be a loan of any nature.
  840         (e) Damages to the unit in excess of the security deposit
  841  will be deducted from the incentive.
  842         (f) The vesting period may not be longer than 3 years of
  843  continuous residency.
  844         (g) A fee, deposit, or any other such charge may not be
  845  levied against the resident as a condition of participation in
  846  this program.
  847         (2) The incentive must be applicable to a home selected by
  848  the resident and may not be restricted to or be enhanced by the
  849  purchase of homes in which a rental funding applicant, rental
  850  developer, or other related party has an interest.
  851         (3) The corporation may adopt rules to implement this
  852  section.
  853         Section 15. Section 420.531, Florida Statutes, is amended
  854  to read:
  855         420.531 Affordable Housing Catalyst Program.—
  856         (1) The corporation shall operate the Affordable Housing
  857  Catalyst Program for the purpose of securing the expertise
  858  necessary to provide specialized technical support to local
  859  governments and community-based organizations to implement the
  860  HOME Investment Partnership Program, State Apartment Incentive
  861  Loan Program, State Housing Initiatives Partnership Program, and
  862  other affordable housing programs. To the maximum extent
  863  feasible, the entity to provide the necessary expertise must be
  864  recognized by the Internal Revenue Service as a nonprofit tax
  865  exempt organization. It must have as its primary mission the
  866  provision of affordable housing training and technical
  867  assistance, an ability to provide training and technical
  868  assistance statewide, and a proven track record of successfully
  869  providing training and technical assistance under the Affordable
  870  Housing Catalyst Program. The technical support shall, at a
  871  minimum, include training relating to the following key elements
  872  of the partnership programs:
  873         (a)(1) Formation of local and regional housing partnerships
  874  as a means of bringing together resources to provide affordable
  875  housing.
  876         (b)(2) Implementation of regulatory reforms to reduce the
  877  risk and cost of developing affordable housing.
  878         (c)(3) Implementation of affordable housing programs
  879  included in local government comprehensive plans.
  880         (d)(4) Compliance with requirements of federally funded
  881  housing programs.
  882         (2) In consultation with the corporation, the entity
  883  providing statewide training and technical assistance shall
  884  convene and administer quarterly, regional workshops for the
  885  locally elected officials serving on affordable housing advisory
  886  committees as provided in s. 420.9076. The regional workshops
  887  may be conducted through teleconferencing or other technological
  888  means and must include processes and programming that facilitate
  889  peer-to-peer identification and sharing of best affordable
  890  housing practices among the locally elected officials. Annually,
  891  calendar year reports summarizing the deliberations, actions,
  892  and recommendations of each region, as well as the attendance
  893  records of locally elected officials, must be compiled by the
  894  entity providing statewide training and technical assistance for
  895  the Affordable Housing Catalyst Program and must be submitted to
  896  the President of the Senate, the Speaker of the House of
  897  Representatives, and the corporation by March 31 of the
  898  following year.
  899         Section 16. Subsections (16) and (25) of section 420.9071,
  900  Florida Statutes, are amended to read:
  901         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  902  term:
  903         (16) “Local housing incentive strategies” means local
  904  regulatory reform or incentive programs to encourage or
  905  facilitate affordable housing production, which include, at a
  906  minimum, expediting development permits, as defined in s.
  907  163.3164, for affordable housing as provided in s. 420.0007
  908  assurance that permits for affordable housing projects are
  909  expedited to a greater degree than other projects, as provided
  910  in s. 163.3177(6)(f)3.; an ongoing process for review of local
  911  policies, ordinances, regulations, and plan provisions that
  912  increase the cost of housing prior to their adoption; and a
  913  schedule for implementing the incentive strategies. Local
  914  housing incentive strategies may also include other regulatory
  915  reforms, such as those enumerated in s. 420.9076 or those
  916  recommended by the affordable housing advisory committee in its
  917  triennial evaluation of the implementation of affordable housing
  918  incentives, and adopted by the local governing body.
  919         (25) “Recaptured funds” means funds that are recouped by a
  920  county or eligible municipality in accordance with the recapture
  921  provisions of its local housing assistance plan pursuant to s.
  922  420.9075(5)(h) s. 420.9075(5)(j) from eligible persons or
  923  eligible sponsors, which funds were not used for assistance to
  924  an eligible household for an eligible activity, when there is a
  925  default on the terms of a grant award or loan award.
  926         Section 17. Paragraphs (b) through (g) and paragraph (n) of
  927  subsection (5) and subsection (7) of section 420.9075, Florida
  928  Statutes, are amended to read:
  929         420.9075 Local housing assistance plans; partnerships.—
  930         (5) The following criteria apply to awards made to eligible
  931  sponsors or eligible persons for the purpose of providing
  932  eligible housing:
  933         (b) Up to 30 25 percent of the funds made available in each
  934  county and eligible municipality from the local housing
  935  distribution may be reserved for rental housing for eligible
  936  persons or for the purposes enumerated in s. 420.9072(7)(b).
  937         (c) From At least 75 percent of the funds made available in
  938  each county and eligible municipality from the local housing
  939  distribution, each local government may reserve funds must be
  940  reserved for construction, rehabilitation, or emergency repair
  941  of affordable, eligible housing; use funds to serve persons with
  942  special needs as defined in s. 420.0004; use funds for
  943  manufactured housing; and reserve funds for awards to very-low
  944  income or low-income persons or eligible sponsors who will serve
  945  very-low-income or low-income persons.
  946         (d) Each local government must use a minimum of 20 percent
  947  of its local housing distribution to serve persons with special
  948  needs as defined in s. 420.0004. A local government must certify
  949  that it will meet this requirement through existing approved
  950  strategies in the local housing assistance plan or submit a new
  951  local housing assistance plan strategy for this purpose to the
  952  corporation for approval to ensure that the plan meets this
  953  requirement. The first priority of these special needs funds
  954  must be to serve persons with developmental disabilities as
  955  defined in s. 393.063, with an emphasis on home modifications,
  956  including technological enhancements and devices, which will
  957  allow homeowners to remain independent in their own homes and
  958  maintain their homeownership.
  959         (e) Not more than 20 percent of the funds made available in
  960  each county and eligible municipality from the local housing
  961  distribution may be used for manufactured housing.
  962         (d)(f) The sales price or value of new or existing eligible
  963  housing may not exceed 90 percent of the average area purchase
  964  price in the statistical area in which the eligible housing is
  965  located. Such average area purchase price may be that calculated
  966  for any 12-month period beginning not earlier than the fourth
  967  calendar year prior to the year in which the award occurs or as
  968  otherwise established by the United States Department of the
  969  Treasury.
  970         (e)(g)1. All units constructed, rehabilitated, or otherwise
  971  assisted with the funds provided from the local housing
  972  assistance trust fund must be occupied by very-low-income
  973  persons, low-income persons, and moderate-income persons except
  974  as otherwise provided in this section.
  975         2. At least 30 percent of the funds deposited into the
  976  local housing assistance trust fund must be reserved for awards
  977  to very-low-income persons or eligible sponsors who will serve
  978  very-low-income persons and at least an additional 30 percent of
  979  the funds deposited into the local housing assistance trust fund
  980  must be reserved for awards to low-income persons or eligible
  981  sponsors who will serve low-income persons. This subparagraph
  982  does not apply to a county or an eligible municipality that
  983  includes, or has included within the previous 5 years, an area
  984  of critical state concern designated or ratified by the
  985  Legislature for which the Legislature has declared its intent to
  986  provide affordable housing. The exemption created by this act
  987  expires on July 1, 2013, and shall apply retroactively.
  988         (l)(n) Funds from the local housing distribution not used
  989  to meet the criteria established in paragraph (a) or paragraph
  990  (c) or not used for the administration of a local housing
  991  assistance plan must be used for housing production and finance
  992  activities, including, but not limited to, financing
  993  preconstruction activities or the purchase of existing units,
  994  providing rental housing, and providing home ownership training
  995  to prospective home buyers and owners of homes assisted through
  996  the local housing assistance plan.
  997         1. Notwithstanding the provisions of paragraphs (a) and
  998  (c), program income as defined in s. 420.9071(24) may also be
  999  used to fund activities described in this paragraph.
 1000         2. When preconstruction due-diligence activities conducted
 1001  as part of a preservation strategy show that preservation of the
 1002  units is not feasible and will not result in the production of
 1003  an eligible unit, such costs shall be deemed a program expense
 1004  rather than an administrative expense if such program expenses
 1005  do not exceed 3 percent of the annual local housing
 1006  distribution.
 1007         3. If both an award under the local housing assistance plan
 1008  and federal low-income housing tax credits are used to assist a
 1009  project and there is a conflict between the criteria prescribed
 1010  in this subsection and the requirements of s. 42 of the Internal
 1011  Revenue Code of 1986, as amended, the county or eligible
 1012  municipality may resolve the conflict by giving precedence to
 1013  the requirements of s. 42 of the Internal Revenue Code of 1986,
 1014  as amended, in lieu of following the criteria prescribed in this
 1015  subsection with the exception of paragraphs (a) and (e) (g) of
 1016  this subsection.
 1017         4. Each county and each eligible municipality may award
 1018  funds as a grant for construction, rehabilitation, or repair as
 1019  part of disaster recovery or emergency repairs or to remedy
 1020  accessibility or health and safety deficiencies. Any other
 1021  grants must be approved as part of the local housing assistance
 1022  plan.
 1023         (7) The moneys deposited in the local housing assistance
 1024  trust fund shall be used to administer and implement the local
 1025  housing assistance plan. The cost of administering the plan may
 1026  not exceed 5 percent of the local housing distribution moneys
 1027  and program income deposited into the trust fund. A county or an
 1028  eligible municipality may not exceed the 5-percent limitation on
 1029  administrative costs, unless its governing body finds, by
 1030  resolution, that 5 percent of the local housing distribution
 1031  plus 5 percent of program income is insufficient to adequately
 1032  pay the necessary costs of administering the local housing
 1033  assistance plan. The cost of administering the program may not
 1034  exceed 10 percent of the local housing distribution plus 5
 1035  percent of program income deposited into the trust fund, except
 1036  that small counties, as defined in s. 120.52(19), and eligible
 1037  municipalities receiving a local housing distribution of up to
 1038  $350,000 may use up to 10 percent of program income for
 1039  administrative costs.
 1040         Section 18. Subsections (2) and (4) of section 420.9076,
 1041  Florida Statutes, are amended, subsection (10) is added to that
 1042  section, and subsections (1) and (6) of that section are
 1043  reenacted, to read:
 1044         420.9076 Adoption of affordable housing incentive
 1045  strategies; committees.—
 1046         (1) Each county or eligible municipality participating in
 1047  the State Housing Initiatives Partnership Program, including a
 1048  municipality receiving program funds through the county, or an
 1049  eligible municipality must, within 12 months after the original
 1050  adoption of the local housing assistance plan, amend the plan to
 1051  include local housing incentive strategies as defined in s.
 1052  420.9071(16).
 1053         (2) The governing board of a county or municipality shall
 1054  appoint the members of the affordable housing advisory
 1055  committee. Pursuant to the terms of any interlocal agreement, a
 1056  county and municipality may create and jointly appoint an
 1057  advisory committee. The local action adopted pursuant to s.
 1058  420.9072 which creates the advisory committee and appoints the
 1059  advisory committee members must name at least 8 but not more
 1060  than 11 committee members and specify their terms. Effective
 1061  October 1, 2020, the committee must consist of one locally
 1062  elected official from each county or municipality participating
 1063  in the State Housing Initiatives Partnership Program and one
 1064  representative from at least six of the categories below:
 1065         (a) A citizen who is actively engaged in the residential
 1066  home building industry in connection with affordable housing.
 1067         (b) A citizen who is actively engaged in the banking or
 1068  mortgage banking industry in connection with affordable housing.
 1069         (c) A citizen who is a representative of those areas of
 1070  labor actively engaged in home building in connection with
 1071  affordable housing.
 1072         (d) A citizen who is actively engaged as an advocate for
 1073  low-income persons in connection with affordable housing.
 1074         (e) A citizen who is actively engaged as a for-profit
 1075  provider of affordable housing.
 1076         (f) A citizen who is actively engaged as a not-for-profit
 1077  provider of affordable housing.
 1078         (g) A citizen who is actively engaged as a real estate
 1079  professional in connection with affordable housing.
 1080         (h) A citizen who actively serves on the local planning
 1081  agency pursuant to s. 163.3174. If the local planning agency is
 1082  comprised of the governing board of the county or municipality,
 1083  the governing board may appoint a designee who is knowledgeable
 1084  in the local planning process.
 1085         (i) A citizen who resides within the jurisdiction of the
 1086  local governing body making the appointments.
 1087         (j) A citizen who represents employers within the
 1088  jurisdiction.
 1089         (k) A citizen who represents essential services personnel,
 1090  as defined in the local housing assistance plan.
 1091         (4) Annually Triennially, the advisory committee shall
 1092  review the established policies and procedures, ordinances, land
 1093  development regulations, and adopted local government
 1094  comprehensive plan of the appointing local government and shall
 1095  recommend specific actions or initiatives to encourage or
 1096  facilitate affordable housing while protecting the ability of
 1097  the property to appreciate in value. The recommendations may
 1098  include the modification or repeal of existing policies,
 1099  procedures, ordinances, regulations, or plan provisions; the
 1100  creation of exceptions applicable to affordable housing; or the
 1101  adoption of new policies, procedures, regulations, ordinances,
 1102  or plan provisions, including recommendations to amend the local
 1103  government comprehensive plan and corresponding regulations,
 1104  ordinances, and other policies. At a minimum, each advisory
 1105  committee shall submit an annual a report to the local governing
 1106  body and to the entity providing statewide training and
 1107  technical assistance for the Affordable Housing Catalyst Program
 1108  which that includes recommendations on, and triennially
 1109  thereafter evaluates the implementation of, affordable housing
 1110  incentives in the following areas:
 1111         (a) The processing of approvals of development orders or
 1112  permits for affordable housing projects is expedited to a
 1113  greater degree than other projects, as provided in s.
 1114  163.3177(6)(f)3.
 1115         (b) All allowable fee waivers provided The modification of
 1116  impact-fee requirements, including reduction or waiver of fees
 1117  and alternative methods of fee payment for the development or
 1118  construction of affordable housing.
 1119         (c) The allowance of flexibility in densities for
 1120  affordable housing.
 1121         (d) The reservation of infrastructure capacity for housing
 1122  for very-low-income persons, low-income persons, and moderate
 1123  income persons.
 1124         (e) The allowance of Affordable accessory residential units
 1125  in residential zoning districts.
 1126         (f) The reduction of parking and setback requirements for
 1127  affordable housing.
 1128         (g) The allowance of flexible lot configurations, including
 1129  zero-lot-line configurations for affordable housing.
 1130         (h) The modification of street requirements for affordable
 1131  housing.
 1132         (i) The establishment of a process by which a local
 1133  government considers, before adoption, policies, procedures,
 1134  ordinances, regulations, or plan provisions that increase the
 1135  cost of housing.
 1136         (j) The preparation of a printed inventory of locally owned
 1137  public lands suitable for affordable housing.
 1138         (k) The support of development near transportation hubs and
 1139  major employment centers and mixed-use developments.
 1141  The advisory committee recommendations may also include other
 1142  affordable housing incentives identified by the advisory
 1143  committee. Local governments that receive the minimum allocation
 1144  under the State Housing Initiatives Partnership Program shall
 1145  perform an the initial review but may elect to not perform the
 1146  annual triennial review.
 1147         (6) Within 90 days after the date of receipt of the
 1148  evaluation and local housing incentive strategies
 1149  recommendations from the advisory committee, the governing body
 1150  of the appointing local government shall adopt an amendment to
 1151  its local housing assistance plan to incorporate the local
 1152  housing incentive strategies it will implement within its
 1153  jurisdiction. The amendment must include, at a minimum, the
 1154  local housing incentive strategies required under s.
 1155  420.9071(16). The local government must consider the strategies
 1156  specified in paragraphs (4)(a)-(k) as recommended by the
 1157  advisory committee.
 1158         (10) The locally elected official serving on an advisory
 1159  committee, or a locally elected designee, must attend quarterly
 1160  regional workshops convened and administered under the
 1161  Affordable Housing Catalyst Program as provided in s.
 1162  420.531(2). If the locally elected official or a locally elected
 1163  designee fails to attend a regional workshop, the corporation
 1164  may withhold funds pending the person’s attendance at the next
 1165  regularly scheduled quarterly meeting.
 1166         Section 19. Subsections (5) and (6) are added to section
 1167  723.041, Florida Statutes, to read:
 1168         723.041 Entrance fees; refunds; exit fees prohibited;
 1169  replacement homes.—
 1170         (5) A mobile home park that is damaged or destroyed due to
 1171  wind, water, or other natural force may be rebuilt on the same
 1172  site with the same density as was approved, permitted, or built
 1173  before the park was damaged or destroyed.
 1174         (6) This section does not limit the regulation of the
 1175  uniform firesafety standards established under s. 633.206, but
 1176  supersedes any other density, separation, setback, or lot size
 1177  regulation adopted after initial permitting and construction of
 1178  the mobile home park.
 1179         Section 20. Subsection (4) of section 723.061, Florida
 1180  Statutes, is amended, and subsections (5) and (6) are added to
 1181  that section, to read:
 1182         723.061 Eviction; grounds, proceedings.—
 1183         (4) Except for the notice to the officers of the
 1184  homeowners’ association under subparagraph (1)(d)1., any notice
 1185  required by this section must be in writing, and must be posted
 1186  on the premises and sent to the mobile home owner and tenant or
 1187  occupant, as appropriate, by United States mail certified or
 1188  registered mail, return receipt requested, addressed to the
 1189  mobile home owner and tenant or occupant, as appropriate, at her
 1190  or his last known address. Delivery of the mailed notice is
 1191  shall be deemed given 5 days after the date of postmark.
 1192         (5) If the park owner accepts payment of any portion of the
 1193  lot rental amount with actual knowledge of noncompliance after
 1194  notice and termination of the rental agreement due to a
 1195  violation under paragraph (1)(b), paragraph (1)(c), or paragraph
 1196  (1)(e), the park owner does not waive the right to terminate the
 1197  rental agreement or the right to bring a civil action for the
 1198  noncompliance, but not for any subsequent or continuing
 1199  noncompliance. Any rent so received must be accounted for at the
 1200  final hearing.
 1201         (6) A tenant who intends to defend against an action by the
 1202  landlord for possession for noncompliance under paragraph
 1203  (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e)
 1204  must comply with s. 723.063(2).
 1205         Section 21. Section 723.063, Florida Statutes, is amended
 1206  to read:
 1207         723.063 Defenses to action for rent or possession;
 1208  procedure.—
 1209         (1)(a) In any action based upon nonpayment of rent or
 1210  seeking to recover unpaid rent, or a portion thereof, the mobile
 1211  home owner may defend upon the ground of a material
 1212  noncompliance with any portion of this chapter or may raise any
 1213  other defense, whether legal or equitable, which he or she may
 1214  have.
 1215         (b) The defense of material noncompliance may be raised by
 1216  the mobile home owner only if 7 days have elapsed after he or
 1217  she has notified the park owner in writing of his or her
 1218  intention not to pay rent, or a portion thereof, based upon the
 1219  park owner’s noncompliance with portions of this chapter,
 1220  specifying in reasonable detail the provisions in default. A
 1221  material noncompliance with this chapter by the park owner is a
 1222  complete defense to an action for possession based upon
 1223  nonpayment of rent, or a portion thereof, and, upon hearing, the
 1224  court or the jury, as the case may be, shall determine the
 1225  amount, if any, by which the rent is to be reduced to reflect
 1226  the diminution in value of the lot during the period of
 1227  noncompliance with any portion of this chapter. After
 1228  consideration of all other relevant issues, the court shall
 1229  enter appropriate judgment.
 1230         (2) In any action by the park owner or a mobile home owner
 1231  brought under subsection (1), the mobile home owner shall pay
 1232  into the registry of the court that portion of the accrued rent,
 1233  if any, relating to the claim of material noncompliance as
 1234  alleged in the complaint, or as determined by the court. The
 1235  court shall notify the mobile home owner of such requirement.
 1236  The failure of the mobile home owner to pay the rent, or portion
 1237  thereof, into the registry of the court or to file a motion to
 1238  determine the amount of rent to be paid into the registry within
 1239  5 days, excluding Saturdays, Sundays, and legal holidays, after
 1240  the date of service of process constitutes an absolute waiver of
 1241  the mobile home owner’s defenses other than payment, and the
 1242  park owner is entitled to an immediate default judgment for
 1243  removal of the mobile home owner with a writ of possession to be
 1244  issued without further notice or hearing thereon. If a motion to
 1245  determine rent is filed, the movant must provide sworn
 1246  documentation in support of his or her allegation that the rent
 1247  alleged in the complaint is erroneous as required herein
 1248  constitutes an absolute waiver of the mobile home owner’s
 1249  defenses other than payment, and the park owner is entitled to
 1250  an immediate default.
 1251         (3) When the mobile home owner has deposited funds into the
 1252  registry of the court in accordance with the provisions of this
 1253  section and the park owner is in actual danger of loss of the
 1254  premises or other personal hardship resulting from the loss of
 1255  rental income from the premises, the park owner may apply to the
 1256  court for disbursement of all or part of the funds or for prompt
 1257  final hearing, whereupon the court shall advance the cause on
 1258  the calendar. The court, after preliminary hearing, may award
 1259  all or any portion of the funds on deposit to the park owner or
 1260  may proceed immediately to a final resolution of the cause.
 1261         Section 22. For the purpose of incorporating the amendment
 1262  made by this act to section 420.5087, Florida Statutes, in a
 1263  reference thereto, paragraph (i) of subsection (22) of section
 1264  420.507, Florida Statutes, is reenacted to read:
 1265         420.507 Powers of the corporation.—The corporation shall
 1266  have all the powers necessary or convenient to carry out and
 1267  effectuate the purposes and provisions of this part, including
 1268  the following powers which are in addition to all other powers
 1269  granted by other provisions of this part:
 1270         (22) To develop and administer the State Apartment
 1271  Incentive Loan Program. In developing and administering that
 1272  program, the corporation may:
 1273         (i) Establish, by rule, the procedure for competitively
 1274  evaluating and selecting all applications for funding based on
 1275  the criteria set forth in s. 420.5087(6)(c), determining actual
 1276  loan amounts, making and servicing loans, and exercising the
 1277  powers authorized in this subsection.
 1278         Section 23. For the purpose of incorporating the amendment
 1279  made by this act to section 420.5095, Florida Statutes, in a
 1280  reference thereto, subsection (2) of section 193.018, Florida
 1281  Statutes, is reenacted to read:
 1282         193.018 Land owned by a community land trust used to
 1283  provide affordable housing; assessment; structural improvements,
 1284  condominium parcels, and cooperative parcels.—
 1285         (2) A community land trust may convey structural
 1286  improvements, condominium parcels, or cooperative parcels, that
 1287  are located on specific parcels of land that are identified by a
 1288  legal description contained in and subject to a ground lease
 1289  having a term of at least 99 years, for the purpose of providing
 1290  affordable housing to natural persons or families who meet the
 1291  extremely-low-income, very-low-income, low-income, or moderate
 1292  income limits specified in s. 420.0004, or the income limits for
 1293  workforce housing, as defined in s. 420.5095(3). A community
 1294  land trust shall retain a preemptive option to purchase any
 1295  structural improvements, condominium parcels, or cooperative
 1296  parcels on the land at a price determined by a formula specified
 1297  in the ground lease which is designed to ensure that the
 1298  structural improvements, condominium parcels, or cooperative
 1299  parcels remain affordable.
 1300         Section 24. For the purpose of incorporating the amendment
 1301  made by this act to section 420.9071, Florida Statutes, in a
 1302  reference thereto, paragraph (a) of subsection (2) of section
 1303  420.9072, Florida Statutes, is reenacted to read:
 1304         420.9072 State Housing Initiatives Partnership Program.—The
 1305  State Housing Initiatives Partnership Program is created for the
 1306  purpose of providing funds to counties and eligible
 1307  municipalities as an incentive for the creation of local housing
 1308  partnerships, to expand production of and preserve affordable
 1309  housing, to further the housing element of the local government
 1310  comprehensive plan specific to affordable housing, and to
 1311  increase housing-related employment.
 1312         (2)(a) To be eligible to receive funds under the program, a
 1313  county or eligible municipality must:
 1314         1. Submit to the corporation its local housing assistance
 1315  plan describing the local housing assistance strategies
 1316  established pursuant to s. 420.9075;
 1317         2. Within 12 months after adopting the local housing
 1318  assistance plan, amend the plan to incorporate the local housing
 1319  incentive strategies defined in s. 420.9071(16) and described in
 1320  s. 420.9076; and
 1321         3. Within 24 months after adopting the amended local
 1322  housing assistance plan to incorporate the local housing
 1323  incentive strategies, amend its land development regulations or
 1324  establish local policies and procedures, as necessary, to
 1325  implement the local housing incentive strategies adopted by the
 1326  local governing body. A county or an eligible municipality that
 1327  has adopted a housing incentive strategy pursuant to s. 420.9076
 1328  before the effective date of this act shall review the status of
 1329  implementation of the plan according to its adopted schedule for
 1330  implementation and report its findings in the annual report
 1331  required by s. 420.9075(10). If, as a result of the review, a
 1332  county or an eligible municipality determines that the
 1333  implementation is complete and in accordance with its schedule,
 1334  no further action is necessary. If a county or an eligible
 1335  municipality determines that implementation according to its
 1336  schedule is not complete, it must amend its land development
 1337  regulations or establish local policies and procedures, as
 1338  necessary, to implement the housing incentive plan within 12
 1339  months after the effective date of this act, or if extenuating
 1340  circumstances prevent implementation within 12 months, pursuant
 1341  to s. 420.9075(13), enter into an extension agreement with the
 1342  corporation.
 1343         Section 25. This act shall take effect July 1, 2020.