Florida Senate - 2020                              CS for SB 998
       By the Committee on Community Affairs; and Senator Hutson
       578-02227A-20                                          2020998c1
    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; amending s. 163.31771, F.S.; revising
    7         legislative findings; requiring local governments to
    8         adopt ordinances that allow accessory dwelling units
    9         in any area zoned for single-family residential use;
   10         amending s. 163.31801, F.S.; requiring counties,
   11         municipalities, and special districts to include
   12         certain data relating to impact fees in their annual
   13         financial reports; amending s. 166.04151, F.S.;
   14         authorizing governing bodies of municipalities to
   15         approve the development of affordable housing on any
   16         parcel zoned for residential, commercial, or
   17         industrial use; amending s. 212.05, F.S.; providing
   18         the percentage of the sales price of certain mobile
   19         homes which is subject to sales tax; providing a sales
   20         tax exemption for certain mobile homes; amending s.
   21         212.06, F.S.; revising the definition of the term
   22         “fixtures” to include certain mobile homes; amending
   23         s. 320.77, F.S.; revising a certification requirement
   24         for mobile home dealer applicants relating to the
   25         applicant’s business location; amending s. 320.822,
   26         F.S.; revising the definition of the term “code”;
   27         amending s. 320.8232, F.S.; revising applicable
   28         standards for the repair and remodeling of mobile and
   29         manufactured homes; amending s. 367.022, F.S.;
   30         revising an exemption from regulation for certain
   31         water service resellers; exempting certain mobile home
   32         park and mobile home subdivision owners from
   33         regulation by the Florida Public Service Commission
   34         relating to water and wastewater systems; amending s.
   35         420.5087, F.S.; revising the criteria used by a review
   36         committee when evaluating and selecting specified
   37         applications for state apartment incentive loans;
   38         amending s. 420.5095, F.S.; renaming the Community
   39         Workforce Housing Innovation Pilot Program as the
   40         Community Workforce Housing Loan Program to provide
   41         workforce housing for persons affected by the high
   42         cost of housing; revising the definition of the term
   43         “workforce housing”; deleting the definition of the
   44         term “public-private partnership”; authorizing the
   45         Florida Housing Finance Corporation to provide loans
   46         under the program to applicants for construction of
   47         workforce housing; requiring the corporation to
   48         establish a certain loan application process; deleting
   49         provisions requiring the corporation to provide
   50         incentives for local governments to use certain funds;
   51         requiring projects to receive priority consideration
   52         for funding under certain circumstances; deleting a
   53         provision providing for the expedition of local
   54         government comprehensive plan amendments to implement
   55         a program project; requiring that the corporation
   56         award loans at a specified interest rate and for a
   57         limited term; conforming provisions to changes made by
   58         the act; amending s. 420.531, F.S.; specifying that
   59         technical support provided to local governments and
   60         community-based organizations includes implementation
   61         of the State Apartment Incentive Loan Program;
   62         requiring the entity providing training and technical
   63         assistance to convene and administer biannual
   64         workshops; requiring such entity to annually compile
   65         and submit certain information to the Legislature and
   66         the corporation by a specified date; amending s.
   67         420.9073, F.S.; authorizing the corporation to
   68         withhold a certain portion of funds distributed from
   69         the Local Government Housing Trust Fund to be used for
   70         certain transitional housing; prohibiting such funds
   71         from being used for specified purposes; requiring that
   72         such transitional housing be constructed on certain
   73         campuses; requiring the corporation to consult with
   74         the Department of Children and Families to create
   75         minimum criteria for such housing; providing for the
   76         distribution of withheld funds; amending s. 420.9075,
   77         F.S.; revising requirements for reports submitted by
   78         counties and certain municipalities to the
   79         corporation; amending s. 420.9076, F.S.; beginning on
   80         a specified date, revising the membership of local
   81         affordable housing advisory committees; requiring the
   82         committees to perform specified duties annually
   83         instead of triennially; requiring locally elected
   84         officials serving on advisory committees, or their
   85         designees, to attend biannual regional workshops;
   86         providing a penalty; amending s. 723.041, F.S.;
   87         providing that a mobile home park damaged or destroyed
   88         due to natural force may be rebuilt with the same
   89         density as previously approved, permitted, or built;
   90         providing construction; amending s. 723.061, F.S.;
   91         revising a requirement related to mailing eviction
   92         notices; specifying the waiver and nonwaiver of
   93         certain rights of the park owner under certain
   94         circumstances; requiring the accounting at final
   95         hearing of rents received; requiring a tenant
   96         defending certain actions by a landlord to comply with
   97         certain requirements; amending s. 723.063, F.S.;
   98         revising procedures and requirements for mobile home
   99         owners and revising construction relating to park
  100         owners’ actions for rent or possession; revising
  101         conditions under which a park owner may apply to a
  102         court for disbursement of certain funds; reenacting s.
  103         420.507(22)(i), F.S., relating to powers of the
  104         Florida Housing Finance Corporation, to incorporate
  105         the amendment made to s. 420.5087, F.S., in a
  106         reference thereto; reenacting s. 193.018(2), F.S.,
  107         relating to land owned by a community land trust used
  108         to provide affordable housing, to incorporate the
  109         amendment made to s. 420.5095, F.S., in a reference
  110         thereto; providing an effective date.
  112  Be It Enacted by the Legislature of the State of Florida:
  114         Section 1. Subsection (4) is added to section 125.01055,
  115  Florida Statutes, to read:
  116         125.01055 Affordable housing.—
  117         (4) Notwithstanding any other law or local ordinance or
  118  regulation to the contrary, the board of county commissioners
  119  may approve the development of housing that is affordable, as
  120  defined in s. 420.0004, on any parcel zoned for residential,
  121  commercial, or industrial use.
  122         Section 2. Subsections (1), (3), and (4) of section
  123  163.31771, Florida Statutes, are amended to read:
  124         163.31771 Accessory dwelling units.—
  125         (1) The Legislature finds that the median price of homes in
  126  this state has increased steadily over the last decade and at a
  127  greater rate of increase than the median income in many urban
  128  areas. The Legislature finds that the cost of rental housing has
  129  also increased steadily and the cost often exceeds an amount
  130  that is affordable to extremely-low-income, very-low-income,
  131  low-income, or moderate-income persons and has resulted in a
  132  critical shortage of affordable rentals in many urban areas in
  133  the state. This shortage of affordable rentals constitutes a
  134  threat to the health, safety, and welfare of the residents of
  135  the state. Therefore, the Legislature finds that it serves an
  136  important public purpose to require encourage the permitting of
  137  accessory dwelling units in single-family residential areas in
  138  order to increase the availability of affordable rentals for
  139  extremely-low-income, very-low-income, low-income, or moderate
  140  income persons.
  141         (3) A Upon a finding by a local government that there is a
  142  shortage of affordable rentals within its jurisdiction, the
  143  local government shall may adopt an ordinance to allow accessory
  144  dwelling units in any area zoned for single-family residential
  145  use.
  146         (4) If the local government adopts an ordinance under this
  147  section, An application for a building permit to construct an
  148  accessory dwelling unit must include an affidavit from the
  149  applicant which attests that the unit will be rented at an
  150  affordable rate to an extremely-low-income, very-low-income,
  151  low-income, or moderate-income person or persons.
  152         Section 3. Subsection (10) is added to section 163.31801,
  153  Florida Statutes, to read:
  154         163.31801 Impact fees; short title; intent; minimum
  155  requirements; audits; challenges.—
  156         (10) In addition to the items that must be reported in the
  157  annual financial reports under s. 218.32, a county,
  158  municipality, or special district must report all of the
  159  following data on all impact fees charged:
  160         (a)The specific purpose of the impact fee, including the
  161  specific infrastructure needs to be met, including, but not
  162  limited to, transportation, parks, water, sewer, and schools.
  163         (b)The impact fee schedule policy describing the method of
  164  calculating impact fees, such as flat fees, tiered scales based
  165  on number of bedrooms, or tiered scales based on square footage.
  166         (c)The amount assessed for each purpose and for each type
  167  of dwelling.
  168         (d)The total amount of impact fees charged by type of
  169  dwelling.
  170         Section 4. Subsection (4) is added to section 166.04151,
  171  Florida Statutes, to read:
  172         166.04151 Affordable housing.—
  173         (4) Notwithstanding any other law or local ordinance or
  174  regulation to the contrary, the governing body of a municipality
  175  may approve the development of housing that is affordable, as
  176  defined in s. 420.0004, on any parcel zoned for residential,
  177  commercial, or industrial use.
  178         Section 5. Paragraph (a) of subsection (1) of section
  179  212.05, Florida Statutes, is amended to read:
  180         212.05 Sales, storage, use tax.—It is hereby declared to be
  181  the legislative intent that every person is exercising a taxable
  182  privilege who engages in the business of selling tangible
  183  personal property at retail in this state, including the
  184  business of making mail order sales, or who rents or furnishes
  185  any of the things or services taxable under this chapter, or who
  186  stores for use or consumption in this state any item or article
  187  of tangible personal property as defined herein and who leases
  188  or rents such property within the state.
  189         (1) For the exercise of such privilege, a tax is levied on
  190  each taxable transaction or incident, which tax is due and
  191  payable as follows:
  192         (a)1.a. At the rate of 6 percent of the sales price of each
  193  item or article of tangible personal property when sold at
  194  retail in this state, computed on each taxable sale for the
  195  purpose of remitting the amount of tax due the state, and
  196  including each and every retail sale.
  197         b. Each occasional or isolated sale of an aircraft, boat,
  198  mobile home, or motor vehicle of a class or type that which is
  199  required to be registered, licensed, titled, or documented in
  200  this state or by the United States Government shall be subject
  201  to tax at the rate provided in this paragraph. A mobile home
  202  shall be assessed sales tax at a rate of 6 percent on 50 percent
  203  of the sales price of the mobile home, if subject to sales tax
  204  as tangible personal property. However, a mobile home is not
  205  subject to sales tax if the mobile home is intended to be
  206  permanently affixed to the land and the purchaser signs an
  207  affidavit stating that he or she intends to seek an “RP” series
  208  sticker pursuant to s. 320.0815(2). The department shall by rule
  209  adopt any nationally recognized publication for valuation of
  210  used motor vehicles as the reference price list for any used
  211  motor vehicle which is required to be licensed pursuant to s.
  212  320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party
  213  to an occasional or isolated sale of such a vehicle reports to
  214  the tax collector a sales price that which is less than 80
  215  percent of the average loan price for the specified model and
  216  year of such vehicle as listed in the most recent reference
  217  price list, the tax levied under this paragraph shall be
  218  computed by the department on such average loan price unless the
  219  parties to the sale have provided to the tax collector an
  220  affidavit signed by each party, or other substantial proof,
  221  stating the actual sales price. Any party to such sale who
  222  reports a sales price less than the actual sales price is guilty
  223  of a misdemeanor of the first degree, punishable as provided in
  224  s. 775.082 or s. 775.083. The department shall collect or
  225  attempt to collect from such party any delinquent sales taxes.
  226  In addition, such party shall pay any tax due and any penalty
  227  and interest assessed plus a penalty equal to twice the amount
  228  of the additional tax owed. Notwithstanding any other provision
  229  of law, the Department of Revenue may waive or compromise any
  230  penalty imposed pursuant to this subparagraph.
  231         2. This paragraph does not apply to the sale of a boat or
  232  aircraft by or through a registered dealer under this chapter to
  233  a purchaser who, at the time of taking delivery, is a
  234  nonresident of this state, does not make his or her permanent
  235  place of abode in this state, and is not engaged in carrying on
  236  in this state any employment, trade, business, or profession in
  237  which the boat or aircraft will be used in this state, or is a
  238  corporation none of the officers or directors of which is a
  239  resident of, or makes his or her permanent place of abode in,
  240  this state, or is a noncorporate entity that has no individual
  241  vested with authority to participate in the management,
  242  direction, or control of the entity’s affairs who is a resident
  243  of, or makes his or her permanent abode in, this state. For
  244  purposes of this exemption, either a registered dealer acting on
  245  his or her own behalf as seller, a registered dealer acting as
  246  broker on behalf of a seller, or a registered dealer acting as
  247  broker on behalf of the purchaser may be deemed to be the
  248  selling dealer. This exemption shall not be allowed unless:
  249         a. The purchaser removes a qualifying boat, as described in
  250  sub-subparagraph f., from the state within 90 days after the
  251  date of purchase or extension, or the purchaser removes a
  252  nonqualifying boat or an aircraft from this state within 10 days
  253  after the date of purchase or, when the boat or aircraft is
  254  repaired or altered, within 20 days after completion of the
  255  repairs or alterations; or if the aircraft will be registered in
  256  a foreign jurisdiction and:
  257         (I) Application for the aircraft’s registration is properly
  258  filed with a civil airworthiness authority of a foreign
  259  jurisdiction within 10 days after the date of purchase;
  260         (II) The purchaser removes the aircraft from the state to a
  261  foreign jurisdiction within 10 days after the date the aircraft
  262  is registered by the applicable foreign airworthiness authority;
  263  and
  264         (III) The aircraft is operated in the state solely to
  265  remove it from the state to a foreign jurisdiction.
  267  For purposes of this sub-subparagraph, the term “foreign
  268  jurisdiction” means any jurisdiction outside of the United
  269  States or any of its territories;
  270         b. The purchaser, within 30 days from the date of
  271  departure, provides the department with written proof that the
  272  purchaser licensed, registered, titled, or documented the boat
  273  or aircraft outside the state. If such written proof is
  274  unavailable, within 30 days the purchaser shall provide proof
  275  that the purchaser applied for such license, title,
  276  registration, or documentation. The purchaser shall forward to
  277  the department proof of title, license, registration, or
  278  documentation upon receipt;
  279         c. The purchaser, within 10 days of removing the boat or
  280  aircraft from Florida, furnishes the department with proof of
  281  removal in the form of receipts for fuel, dockage, slippage,
  282  tie-down, or hangaring from outside of Florida. The information
  283  so provided must clearly and specifically identify the boat or
  284  aircraft;
  285         d. The selling dealer, within 5 days of the date of sale,
  286  provides to the department a copy of the sales invoice, closing
  287  statement, bills of sale, and the original affidavit signed by
  288  the purchaser attesting that he or she has read the provisions
  289  of this section;
  290         e. The seller makes a copy of the affidavit a part of his
  291  or her record for as long as required by s. 213.35; and
  292         f. Unless The nonresident purchaser of a boat of 5 net tons
  293  of admeasurement or larger intends to remove the boat from this
  294  state within 10 days after the date of purchase or when the boat
  295  is repaired or altered, within 20 days after completion of the
  296  repairs or alterations, the nonresident purchaser applies to the
  297  selling dealer for a decal which authorizes 90 days after the
  298  date of purchase for removal of the boat. The nonresident
  299  purchaser of a qualifying boat may apply to the selling dealer
  300  within 60 days after the date of purchase for an extension decal
  301  that authorizes the boat to remain in this state for an
  302  additional 90 days, but not more than a total of 180 days,
  303  before the nonresident purchaser is required to pay the tax
  304  imposed by this chapter. The department is authorized to issue
  305  decals in advance to dealers. The number of decals issued in
  306  advance to a dealer shall be consistent with the volume of the
  307  dealer’s past sales of boats which qualify under this sub
  308  subparagraph. The selling dealer or his or her agent shall mark
  309  and affix the decals to qualifying boats in the manner
  310  prescribed by the department, before delivery of the boat.
  311         (I) The department is hereby authorized to charge dealers a
  312  fee sufficient to recover the costs of decals issued, except the
  313  extension decal shall cost $425.
  314         (II) The proceeds from the sale of decals will be deposited
  315  into the administrative trust fund.
  316         (III) Decals shall display information to identify the boat
  317  as a qualifying boat under this sub-subparagraph, including, but
  318  not limited to, the decal’s date of expiration.
  319         (IV) The department is authorized to require dealers who
  320  purchase decals to file reports with the department and may
  321  prescribe all necessary records by rule. All such records are
  322  subject to inspection by the department.
  323         (V) Any dealer or his or her agent who issues a decal
  324  falsely, fails to affix a decal, mismarks the expiration date of
  325  a decal, or fails to properly account for decals will be
  326  considered prima facie to have committed a fraudulent act to
  327  evade the tax and will be liable for payment of the tax plus a
  328  mandatory penalty of 200 percent of the tax, and shall be liable
  329  for fine and punishment as provided by law for a conviction of a
  330  misdemeanor of the first degree, as provided in s. 775.082 or s.
  331  775.083.
  332         (VI) Any nonresident purchaser of a boat who removes a
  333  decal before permanently removing the boat from the state, or
  334  defaces, changes, modifies, or alters a decal in a manner
  335  affecting its expiration date before its expiration, or who
  336  causes or allows the same to be done by another, will be
  337  considered prima facie to have committed a fraudulent act to
  338  evade the tax and will be liable for payment of the tax plus a
  339  mandatory penalty of 200 percent of the tax, and shall be liable
  340  for fine and punishment as provided by law for a conviction of a
  341  misdemeanor of the first degree, as provided in s. 775.082 or s.
  342  775.083.
  343         (VII) The department is authorized to adopt rules necessary
  344  to administer and enforce this subparagraph and to publish the
  345  necessary forms and instructions.
  346         (VIII) The department is hereby authorized to adopt
  347  emergency rules pursuant to s. 120.54(4) to administer and
  348  enforce the provisions of this subparagraph.
  350  If the purchaser fails to remove the qualifying boat from this
  351  state within the maximum 180 days after purchase or a
  352  nonqualifying boat or an aircraft from this state within 10 days
  353  after purchase or, when the boat or aircraft is repaired or
  354  altered, within 20 days after completion of such repairs or
  355  alterations, or permits the boat or aircraft to return to this
  356  state within 6 months from the date of departure, except as
  357  provided in s. 212.08(7)(fff), or if the purchaser fails to
  358  furnish the department with any of the documentation required by
  359  this subparagraph within the prescribed time period, the
  360  purchaser shall be liable for use tax on the cost price of the
  361  boat or aircraft and, in addition thereto, payment of a penalty
  362  to the Department of Revenue equal to the tax payable. This
  363  penalty shall be in lieu of the penalty imposed by s. 212.12(2).
  364  The maximum 180-day period following the sale of a qualifying
  365  boat tax-exempt to a nonresident may not be tolled for any
  366  reason.
  367         Section 6. Paragraph (b) of subsection (14) of section
  368  212.06, Florida Statutes, is amended to read:
  369         212.06 Sales, storage, use tax; collectible from dealers;
  370  “dealer” defined; dealers to collect from purchasers;
  371  legislative intent as to scope of tax.—
  372         (14) For the purpose of determining whether a person is
  373  improving real property, the term:
  374         (b) “Fixtures” means items that are an accessory to a
  375  building, other structure, or land and that do not lose their
  376  identity as accessories when installed but that do become
  377  permanently attached to realty. However, the term does not
  378  include the following items, whether or not such items are
  379  attached to real property in a permanent manner:
  380         1. Property of a type that is required to be registered,
  381  licensed, titled, or documented by this state or by the United
  382  States Government, including, but not limited to, mobile homes,
  383  except the term includes mobile homes assessed as real property
  384  or intended to be qualified and taxed as real property pursuant
  385  to s. 320.0815(2)., or
  386         2. Industrial machinery or equipment.
  388  For purposes of this paragraph, industrial machinery or
  389  equipment is not limited to machinery and equipment used to
  390  manufacture, process, compound, or produce tangible personal
  391  property. For an item to be considered a fixture, it is not
  392  necessary that the owner of the item also own the real property
  393  to which it is attached.
  394         Section 7. Paragraph (h) of subsection (3) of section
  395  320.77, Florida Statutes, is amended to read:
  396         320.77 License required of mobile home dealers.—
  397         (3) APPLICATION.—The application for such license shall be
  398  in the form prescribed by the department and subject to such
  399  rules as may be prescribed by it. The application shall be
  400  verified by oath or affirmation and shall contain:
  401         (h) Certification by the applicant:
  402         1. That the location is a permanent one, not a tent or a
  403  temporary stand or other temporary quarters.; and,
  404         2. Except in the case of a mobile home broker, that the
  405  location affords sufficient unoccupied space to display store
  406  all mobile homes offered and displayed for sale. A space to
  407  display a manufactured home as a model home is sufficient to
  408  satisfy this requirement.; and that The location must be is a
  409  suitable place in which the applicant can in good faith carry on
  410  business and keep and maintain books, records, and files
  411  necessary to conduct such business, which must will be available
  412  at all reasonable hours to inspection by the department or any
  413  of its inspectors or other employees.
  415  This paragraph does subsection shall not preclude a licensed
  416  mobile home dealer from displaying and offering for sale mobile
  417  homes in a mobile home park.
  419  The department shall, if it deems necessary, cause an
  420  investigation to be made to ascertain if the facts set forth in
  421  the application are true and shall not issue a license to the
  422  applicant until it is satisfied that the facts set forth in the
  423  application are true.
  424         Section 8. Paragraph (c) of subsection (2) of section
  425  320.822, Florida Statutes, is amended to read:
  426         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
  427  320.822-320.862, unless the context otherwise requires, the
  428  following words or phrases have the following meanings:
  429         (2) “Code” means the appropriate standards found in:
  430         (c) The Mobile and Manufactured Home Repair and Remodeling
  431  Code and the Used Recreational Vehicle Code.
  432         Section 9. Subsection (2) of section 320.8232, Florida
  433  Statutes, is amended to read:
  434         320.8232 Establishment of uniform standards for used
  435  recreational vehicles and repair and remodeling code for mobile
  436  homes.—
  437         (2) The Mobile and Manufactured Home provisions of the
  438  Repair and Remodeling Code must be a uniform code, must shall
  439  ensure safe and livable housing, and may shall not be more
  440  stringent than those standards required to be met in the
  441  manufacture of mobile homes. Such code must provisions shall
  442  include, but not be limited to, standards for structural
  443  adequacy, plumbing, heating, electrical systems, and fire and
  444  life safety. All repairs and remodeling of mobile and
  445  manufactured homes must be performed in accordance with
  446  department rules.
  447         Section 10. Subsection (9) of section 367.022, Florida
  448  Statutes, is amended, and subsection (14) is added to that
  449  section, to read:
  450         367.022 Exemptions.—The following are not subject to
  451  regulation by the commission as a utility nor are they subject
  452  to the provisions of this chapter, except as expressly provided:
  453         (9) Any person who resells water service to his or her
  454  tenants or to individually metered residents for a fee that does
  455  not exceed the actual purchase price of the water and wastewater
  456  service plus the actual cost of meter reading and billing, not
  457  to exceed 9 percent of the actual cost of service.
  458         (14) The owner of a mobile home park operating both as a
  459  mobile home park and a mobile home subdivision, as those terms
  460  are defined in s. 723.003, who provides service within the park
  461  and subdivision to a combination of both tenants and lot owners,
  462  provided that the service to tenants is without specific
  463  compensation.
  464         Section 11. Paragraph (c) of subsection (6) of section
  465  420.5087, Florida Statutes, is amended to read:
  466         420.5087 State Apartment Incentive Loan Program.—There is
  467  hereby created the State Apartment Incentive Loan Program for
  468  the purpose of providing first, second, or other subordinated
  469  mortgage loans or loan guarantees to sponsors, including for
  470  profit, nonprofit, and public entities, to provide housing
  471  affordable to very-low-income persons.
  472         (6) On all state apartment incentive loans, except loans
  473  made to housing communities for the elderly to provide for
  474  lifesafety, building preservation, health, sanitation, or
  475  security-related repairs or improvements, the following
  476  provisions shall apply:
  477         (c) The corporation shall provide by rule for the
  478  establishment of a review committee for the competitive
  479  evaluation and selection of applications submitted in this
  480  program, including, but not limited to, the following criteria:
  481         1. Tenant income and demographic targeting objectives of
  482  the corporation.
  483         2. Targeting objectives of the corporation which will
  484  ensure an equitable distribution of loans between rural and
  485  urban areas.
  486         3. Sponsor’s agreement to reserve the units for persons or
  487  families who have incomes below 50 percent of the state or local
  488  median income, whichever is higher, for a time period that
  489  exceeds the minimum required by federal law or this part.
  490         4. Sponsor’s agreement to reserve more than:
  491         a. Twenty percent of the units in the project for persons
  492  or families who have incomes that do not exceed 50 percent of
  493  the state or local median income, whichever is higher; or
  494         b. Forty percent of the units in the project for persons or
  495  families who have incomes that do not exceed 60 percent of the
  496  state or local median income, whichever is higher, without
  497  requiring a greater amount of the loans as provided in this
  498  section.
  499         5. Provision for tenant counseling.
  500         6. Sponsor’s agreement to accept rental assistance
  501  certificates or vouchers as payment for rent.
  502         7. Projects requiring the least amount of a state apartment
  503  incentive loan compared to overall project cost, except that the
  504  share of the loan attributable to units serving extremely-low
  505  income persons must be excluded from this requirement.
  506         8. Local government contributions and local government
  507  comprehensive planning and activities that promote affordable
  508  housing and policies that promote access to public
  509  transportation, reduce the need for onsite parking, and expedite
  510  permits for affordable housing projects.
  511         9. Project feasibility.
  512         10. Economic viability of the project.
  513         11. Commitment of first mortgage financing.
  514         12. Sponsor’s prior experience.
  515         13. Sponsor’s ability to proceed with construction.
  516         14. Projects that directly implement or assist welfare-to
  517  work transitioning.
  518         15. Projects that reserve units for extremely-low-income
  519  persons.
  520         16. Projects that include green building principles, storm
  521  resistant construction, or other elements that reduce long-term
  522  costs relating to maintenance, utilities, or insurance.
  523         17. Job-creation rate of the developer and general
  524  contractor, as provided in s. 420.507(47).
  525         Section 12. Section 420.5095, Florida Statutes, is amended
  526  to read:
  527         420.5095 Community Workforce Housing Loan Innovation Pilot
  528  Program.—
  529         (1) The Legislature finds and declares that recent rapid
  530  increases in the median purchase price of a home and the cost of
  531  rental housing have far outstripped the increases in median
  532  income in the state, preventing essential services personnel
  533  from living in the communities where they serve and thereby
  534  creating the need for innovative solutions for the provision of
  535  housing opportunities for essential services personnel.
  536         (2) The Community Workforce Housing Loan Innovation Pilot
  537  Program is created to provide affordable rental and home
  538  ownership community workforce housing for persons essential
  539  services personnel affected by the high cost of housing, using
  540  regulatory incentives and state and local funds to promote local
  541  public-private partnerships and leverage government and private
  542  resources.
  543         (3) For purposes of this section, the term:
  544         (a) “workforce housing” means housing affordable to natural
  545  persons or families whose total annual household income does not
  546  exceed 80 140 percent of the area median income, adjusted for
  547  household size, or 120 150 percent of area median income,
  548  adjusted for household size, in areas of critical state concern
  549  designated under s. 380.05, for which the Legislature has
  550  declared its intent to provide affordable housing, and areas
  551  that were designated as areas of critical state concern for at
  552  least 20 consecutive years before prior to removal of the
  553  designation.
  554         (b) “Public-private partnership” means any form of business
  555  entity that includes substantial involvement of at least one
  556  county, one municipality, or one public sector entity, such as a
  557  school district or other unit of local government in which the
  558  project is to be located, and at least one private sector for
  559  profit or not-for-profit business or charitable entity, and may
  560  be any form of business entity, including a joint venture or
  561  contractual agreement.
  562         (4) The Florida Housing Finance Corporation is authorized
  563  to provide loans under the Community Workforce Housing
  564  Innovation Pilot program loans to applicants an applicant for
  565  construction or rehabilitation of workforce housing in eligible
  566  areas. This funding is intended to be used with other public and
  567  private sector resources.
  568         (5) The corporation shall establish a loan application
  569  process under s. 420.5087 by rule which includes selection
  570  criteria, an application review process, and a funding process.
  571  The corporation shall also establish an application review
  572  committee that may include up to three private citizens
  573  representing the areas of housing or real estate development,
  574  banking, community planning, or other areas related to the
  575  development or financing of workforce and affordable housing.
  576         (a) The selection criteria and application review process
  577  must include a procedure for curing errors in the loan
  578  applications which do not make a substantial change to the
  579  proposed project.
  580         (b) To achieve the goals of the pilot program, the
  581  application review committee may approve or reject loan
  582  applications or responses to questions raised during the review
  583  of an application due to the insufficiency of information
  584  provided.
  585         (c) The application review committee shall make
  586  recommendations concerning program participation and funding to
  587  the corporation’s board of directors.
  588         (d) The board of directors shall approve or reject loan
  589  applications, determine the tentative loan amount available to
  590  each applicant, and rank all approved applications.
  591         (e) The board of directors shall decide which approved
  592  applicants will become program participants and determine the
  593  maximum loan amount for each program participant.
  594         (6) The corporation shall provide incentives for local
  595  governments in eligible areas to use local affordable housing
  596  funds, such as those from the State Housing Initiatives
  597  Partnership Program, to assist in meeting the affordable housing
  598  needs of persons eligible under this program. Local governments
  599  are authorized to use State Housing Initiative Partnership
  600  Program funds for persons or families whose total annual
  601  household income does not exceed:
  602         (a) One hundred and forty percent of the area median
  603  income, adjusted for household size; or
  604         (b) One hundred and fifty percent of the area median
  605  income, adjusted for household size, in areas that were
  606  designated as areas of critical state concern for at least 20
  607  consecutive years prior to the removal of the designation and in
  608  areas of critical state concern, designated under s. 380.05, for
  609  which the Legislature has declared its intent to provide
  610  affordable housing.
  611         (7) Funding shall be targeted to innovative projects in
  612  areas where the disparity between the area median income and the
  613  median sales price for a single-family home is greatest, and
  614  where population growth as a percentage rate of increase is
  615  greatest. The corporation may also fund projects in areas where
  616  innovative regulatory and financial incentives are made
  617  available. The corporation shall fund at least one eligible
  618  project in as many counties and regions of the state as is
  619  practicable, consistent with program goals.
  620         (6)(8) Projects must be given shall receive priority
  621  consideration for funding if where:
  622         (a) The local jurisdiction has adopted, or is committed to
  623  adopting, appropriate regulatory incentives, or the local
  624  jurisdiction or public-private partnership has adopted or is
  625  committed to adopting local contributions or financial
  626  strategies, or other funding sources to promote the development
  627  and ongoing financial viability of such projects. Local
  628  incentives include such actions as expediting review of
  629  development orders and permits, supporting development near
  630  transportation hubs and major employment centers, and adopting
  631  land development regulations designed to allow flexibility in
  632  densities, use of accessory units, mixed-use developments, and
  633  flexible lot configurations. Financial strategies include such
  634  actions as promoting employer-assisted housing programs,
  635  providing tax increment financing, and providing land.
  636         (b) Projects are innovative and include new construction or
  637  rehabilitation; mixed-income housing; commercial and housing
  638  mixed-use elements; innovative design; green building
  639  principles; storm-resistant construction; or other elements that
  640  reduce long-term costs relating to maintenance, utilities, or
  641  insurance and promote homeownership. The program funding may not
  642  exceed the costs attributable to the portion of the project that
  643  is set aside to provide housing for the targeted population.
  644         (b)(c)The projects that set aside at least 50 80 percent
  645  of units for workforce housing and at least 50 percent for
  646  essential services personnel and for projects that require the
  647  least amount of program funding compared to the overall housing
  648  costs for the project.
  649         (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
  650  government comprehensive plan amendment to implement a Community
  651  Workforce Housing Innovation Pilot Program project found
  652  consistent with this section shall be expedited as provided in
  653  this subsection. At least 30 days prior to adopting a plan
  654  amendment under this subsection, the local government shall
  655  notify the state land planning agency of its intent to adopt
  656  such an amendment, and the notice shall include its evaluation
  657  related to site suitability and availability of facilities and
  658  services. The public notice of the hearing required by s.
  659  163.3184(11)(b)2. shall include a statement that the local
  660  government intends to use the expedited adoption process
  661  authorized by this subsection. Such amendments shall require
  662  only a single public hearing before the governing board, which
  663  shall be an adoption hearing as described in s. 163.3184(4)(e).
  664  Any further proceedings shall be governed by s. 163.3184(5)
  665  (13).
  666         (10) The processing of approvals of development orders or
  667  development permits, as defined in s. 163.3164, for innovative
  668  community workforce housing projects shall be expedited.
  669         (7)(11) The corporation shall award loans with a 1 interest
  670  rates set at 1 to 3 percent interest rate for a term that does
  671  not exceed 15 years, which may be made forgivable when long-term
  672  affordability is provided and when at least 80 percent of the
  673  units are set aside for workforce housing and at least 50
  674  percent of the units are set aside for essential services
  675  personnel.
  676         (12) All eligible applications shall:
  677         (a) For home ownership, limit the sales price of a detached
  678  unit, townhome, or condominium unit to not more than 90 percent
  679  of the median sales price for that type of unit in that county,
  680  or the statewide median sales price for that type of unit,
  681  whichever is higher, and require that all eligible purchasers of
  682  home ownership units occupy the homes as their primary
  683  residence.
  684         (b) For rental units, restrict rents for all workforce
  685  housing serving those with incomes at or below 120 percent of
  686  area median income at the appropriate income level using the
  687  restricted rents for the federal low-income housing tax credit
  688  program and, for workforce housing units serving those with
  689  incomes above 120 percent of area median income, restrict rents
  690  to those established by the corporation, not to exceed 30
  691  percent of the maximum household income adjusted to unit size.
  692         (c) Demonstrate that the applicant is a public-private
  693  partnership in an agreement, contract, partnership agreement,
  694  memorandum of understanding, or other written instrument signed
  695  by all the project partners.
  696         (d) Have grants, donations of land, or contributions from
  697  the public-private partnership or other sources collectively
  698  totaling at least 10 percent of the total development cost or $2
  699  million, whichever is less. Such grants, donations of land, or
  700  contributions must be evidenced by a letter of commitment,
  701  agreement, contract, deed, memorandum of understanding, or other
  702  written instrument at the time of application. Grants, donations
  703  of land, or contributions in excess of 10 percent of the
  704  development cost shall increase the application score.
  705         (e) Demonstrate how the applicant will use the regulatory
  706  incentives and financial strategies outlined in subsection (8)
  707  from the local jurisdiction in which the proposed project is to
  708  be located. The corporation may consult with the Department of
  709  Economic Opportunity in evaluating the use of regulatory
  710  incentives by applicants.
  711         (f) Demonstrate that the applicant possesses title to or
  712  site control of land and evidences availability of required
  713  infrastructure.
  714         (g) Demonstrate the applicant’s affordable housing
  715  development and management experience.
  716         (h) Provide any research or facts available supporting the
  717  demand and need for rental or home ownership workforce housing
  718  for eligible persons in the market in which the project is
  719  proposed.
  720         (13) Projects may include manufactured housing constructed
  721  after June 1994 and installed in accordance with mobile home
  722  installation standards of the Department of Highway Safety and
  723  Motor Vehicles.
  724         (8)(14) The corporation may adopt rules pursuant to ss.
  725  120.536(1) and 120.54 to implement this section.
  726         (15) The corporation may use a maximum of 2 percent of the
  727  annual program appropriation for administration and compliance
  728  monitoring.
  729         (16) The corporation shall review the success of the
  730  Community Workforce Housing Innovation Pilot Program to
  731  ascertain whether the projects financed by the program are
  732  useful in meeting the housing needs of eligible areas and shall
  733  include its findings in the annual report required under s.
  734  420.511(3).
  735         Section 13. Section 420.531, Florida Statutes, is amended
  736  to read:
  737         420.531 Affordable Housing Catalyst Program.—
  738         (1) The corporation shall operate the Affordable Housing
  739  Catalyst Program for the purpose of securing the expertise
  740  necessary to provide specialized technical support to local
  741  governments and community-based organizations to implement the
  742  HOME Investment Partnership Program, State Apartment Incentive
  743  Loan Program, State Housing Initiatives Partnership Program, and
  744  other affordable housing programs. To the maximum extent
  745  feasible, the entity to provide the necessary expertise must be
  746  recognized by the Internal Revenue Service as a nonprofit tax
  747  exempt organization. It must have as its primary mission the
  748  provision of affordable housing training and technical
  749  assistance, an ability to provide training and technical
  750  assistance statewide, and a proven track record of successfully
  751  providing training and technical assistance under the Affordable
  752  Housing Catalyst Program. The technical support shall, at a
  753  minimum, include training relating to the following key elements
  754  of the partnership programs:
  755         (a)(1) Formation of local and regional housing partnerships
  756  as a means of bringing together resources to provide affordable
  757  housing.
  758         (b)(2) Implementation of regulatory reforms to reduce the
  759  risk and cost of developing affordable housing.
  760         (c)(3) Implementation of affordable housing programs
  761  included in local government comprehensive plans.
  762         (d)(4) Compliance with requirements of federally funded
  763  housing programs.
  764         (2) In consultation with the corporation, the entity
  765  providing statewide training and technical assistance shall
  766  convene and administer biannual, regional workshops for the
  767  locally elected officials serving on affordable housing advisory
  768  committees as provided in s. 420.9076. The regional workshops
  769  may be conducted through teleconferencing or other technological
  770  means and must include processes and programming that facilitate
  771  peer-to-peer identification and sharing of best affordable
  772  housing practices among the locally elected officials. Annually,
  773  calendar year reports summarizing the deliberations, actions,
  774  and recommendations of each region, as well as the attendance
  775  records of locally elected officials, must be compiled by the
  776  entity providing statewide training and technical assistance for
  777  the Affordable Housing Catalyst Program and must be submitted to
  778  the President of the Senate, the Speaker of the House of
  779  Representatives, and the corporation by March 31 of the
  780  following year.
  781         Section 14. Present subsection (7) of section 420.9073,
  782  Florida Statutes, is redesignated as subsection (8), and a new
  783  subsection (7) is added to that section, to read:
  784         420.9073 Local housing distributions.—
  785         (7) Notwithstanding subsections (1)-(4), the corporation
  786  may withhold up to 5 percent of the total amount distributed
  787  each fiscal year from the Local Government Housing Trust Fund to
  788  provide additional funding to counties and eligible
  789  municipalities for the construction of transitional housing for
  790  persons aging out of foster care. Funds may not be used for
  791  design or planning. Such housing must be constructed on a campus
  792  that provides housing for persons aging out of foster care. The
  793  corporation must consult with the Department of Children and
  794  Families to create minimum criteria for such housing. Any
  795  portion of the withheld funds not distributed or committed by
  796  the end of the fiscal year shall be distributed as provided in
  797  subsections (1) and (2).
  798         Section 15. Paragraph (j) is added to subsection (10) of
  799  section 420.9075, Florida Statutes, to read:
  800         420.9075 Local housing assistance plans; partnerships.—
  801         (10) Each county or eligible municipality shall submit to
  802  the corporation by September 15 of each year a report of its
  803  affordable housing programs and accomplishments through June 30
  804  immediately preceding submittal of the report. The report shall
  805  be certified as accurate and complete by the local government’s
  806  chief elected official or his or her designee. Transmittal of
  807  the annual report by a county’s or eligible municipality’s chief
  808  elected official, or his or her designee, certifies that the
  809  local housing incentive strategies, or, if applicable, the local
  810  housing incentive plan, have been implemented or are in the
  811  process of being implemented pursuant to the adopted schedule
  812  for implementation. The report must include, but is not limited
  813  to:
  814         (j) The number of affordable housing applications
  815  submitted, the number approved, and the number denied.
  816         Section 16. Subsections (2) and (4) of section 420.9076,
  817  Florida Statutes, are amended, and subsection (10) is added to
  818  that section, to read:
  819         420.9076 Adoption of affordable housing incentive
  820  strategies; committees.—
  821         (2) The governing board of a county or municipality shall
  822  appoint the members of the affordable housing advisory
  823  committee. Pursuant to the terms of any interlocal agreement, a
  824  county and municipality may create and jointly appoint an
  825  advisory committee. The local action adopted pursuant to s.
  826  420.9072 which creates the advisory committee and appoints the
  827  advisory committee members must name at least 8 but not more
  828  than 11 committee members and specify their terms. Effective
  829  October 1, 2020, the committee must consist of one locally
  830  elected official from each county or municipality participating
  831  in the State Housing Initiatives Partnership Program and one
  832  representative from at least six of the categories below:
  833         (a) A citizen who is actively engaged in the residential
  834  home building industry in connection with affordable housing.
  835         (b) A citizen who is actively engaged in the banking or
  836  mortgage banking industry in connection with affordable housing.
  837         (c) A citizen who is a representative of those areas of
  838  labor actively engaged in home building in connection with
  839  affordable housing.
  840         (d) A citizen who is actively engaged as an advocate for
  841  low-income persons in connection with affordable housing.
  842         (e) A citizen who is actively engaged as a for-profit
  843  provider of affordable housing.
  844         (f) A citizen who is actively engaged as a not-for-profit
  845  provider of affordable housing.
  846         (g) A citizen who is actively engaged as a real estate
  847  professional in connection with affordable housing.
  848         (h) A citizen who actively serves on the local planning
  849  agency pursuant to s. 163.3174. If the local planning agency is
  850  comprised of the governing board of the county or municipality,
  851  the governing board may appoint a designee who is knowledgeable
  852  in the local planning process.
  853         (i) A citizen who resides within the jurisdiction of the
  854  local governing body making the appointments.
  855         (j) A citizen who represents employers within the
  856  jurisdiction.
  857         (k) A citizen who represents essential services personnel,
  858  as defined in the local housing assistance plan.
  859         (4) Annually Triennially, the advisory committee shall
  860  review the established policies and procedures, ordinances, land
  861  development regulations, and adopted local government
  862  comprehensive plan of the appointing local government and shall
  863  recommend specific actions or initiatives to encourage or
  864  facilitate affordable housing while protecting the ability of
  865  the property to appreciate in value. The recommendations may
  866  include the modification or repeal of existing policies,
  867  procedures, ordinances, regulations, or plan provisions; the
  868  creation of exceptions applicable to affordable housing; or the
  869  adoption of new policies, procedures, regulations, ordinances,
  870  or plan provisions, including recommendations to amend the local
  871  government comprehensive plan and corresponding regulations,
  872  ordinances, and other policies. At a minimum, each advisory
  873  committee shall submit an annual a report to the local governing
  874  body and to the entity providing statewide training and
  875  technical assistance for the Affordable Housing Catalyst Program
  876  which that includes recommendations on, and triennially
  877  thereafter evaluates the implementation of, affordable housing
  878  incentives in the following areas:
  879         (a) The processing of approvals of development orders or
  880  permits for affordable housing projects is expedited to a
  881  greater degree than other projects, as provided in s.
  882  163.3177(6)(f)3.
  883         (b) All allowable fee waivers provided The modification of
  884  impact-fee requirements, including reduction or waiver of fees
  885  and alternative methods of fee payment for the development or
  886  construction of affordable housing.
  887         (c) The allowance of flexibility in densities for
  888  affordable housing.
  889         (d) The reservation of infrastructure capacity for housing
  890  for very-low-income persons, low-income persons, and moderate
  891  income persons.
  892         (e) The allowance of Affordable accessory residential units
  893  in residential zoning districts.
  894         (f) The reduction of parking and setback requirements for
  895  affordable housing.
  896         (g) The allowance of flexible lot configurations, including
  897  zero-lot-line configurations for affordable housing.
  898         (h) The modification of street requirements for affordable
  899  housing.
  900         (i) The establishment of a process by which a local
  901  government considers, before adoption, policies, procedures,
  902  ordinances, regulations, or plan provisions that increase the
  903  cost of housing.
  904         (j) The preparation of a printed inventory of locally owned
  905  public lands suitable for affordable housing.
  906         (k) The support of development near transportation hubs and
  907  major employment centers and mixed-use developments.
  909  The advisory committee recommendations may also include other
  910  affordable housing incentives identified by the advisory
  911  committee. Local governments that receive the minimum allocation
  912  under the State Housing Initiatives Partnership Program shall
  913  perform an the initial review but may elect to not perform the
  914  annual triennial review.
  915         (10) The locally elected official serving on an advisory
  916  committee, or a locally elected designee, must attend biannual
  917  regional workshops convened and administered under the
  918  Affordable Housing Catalyst Program as provided in s.
  919  420.531(2). If the locally elected official or a locally elected
  920  designee fails to attend three consecutive regional workshops,
  921  the corporation may withhold funds pending the person’s
  922  attendance at the next regularly scheduled biannual meeting.
  923         Section 17. Subsections (5) and (6) are added to section
  924  723.041, Florida Statutes, to read:
  925         723.041 Entrance fees; refunds; exit fees prohibited;
  926  replacement homes.—
  927         (5) A mobile home park that is damaged or destroyed due to
  928  wind, water, or other natural force may be rebuilt on the same
  929  site with the same density as was approved, permitted, or built
  930  before the park was damaged or destroyed.
  931         (6) This section does not limit the regulation of the
  932  uniform firesafety standards established under s. 633.206, but
  933  supersedes any other density, separation, setback, or lot size
  934  regulation adopted after initial permitting and construction of
  935  the mobile home park.
  936         Section 18. Subsection (4) of section 723.061, Florida
  937  Statutes, is amended, and subsections (5) and (6) are added to
  938  that section, to read:
  939         723.061 Eviction; grounds, proceedings.—
  940         (4) Except for the notice to the officers of the
  941  homeowners’ association under subparagraph (1)(d)1., any notice
  942  required by this section must be in writing, and must be posted
  943  on the premises and sent to the mobile home owner and tenant or
  944  occupant, as appropriate, by United States mail certified or
  945  registered mail, return receipt requested, addressed to the
  946  mobile home owner and tenant or occupant, as appropriate, at her
  947  or his last known address. Delivery of the mailed notice is
  948  shall be deemed given 5 days after the date of postmark.
  949         (5) If the park owner accepts payment of any portion of the
  950  lot rental amount with actual knowledge of noncompliance after
  951  notice and termination of the rental agreement due to a
  952  violation under paragraph (1)(b), paragraph (1)(c), or paragraph
  953  (1)(e), the park owner does not waive the right to terminate the
  954  rental agreement or the right to bring a civil action for the
  955  noncompliance, but not for any subsequent or continuing
  956  noncompliance. Any rent so received must be accounted for at the
  957  final hearing.
  958         (6) A tenant who intends to defend against an action by the
  959  landlord for possession for noncompliance under paragraph
  960  (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e)
  961  must comply with s. 723.063(2).
  962         Section 19. Section 723.063, Florida Statutes, is amended
  963  to read:
  964         723.063 Defenses to action for rent or possession;
  965  procedure.—
  966         (1)(a) In any action based upon nonpayment of rent or
  967  seeking to recover unpaid rent, or a portion thereof, the mobile
  968  home owner may defend upon the ground of a material
  969  noncompliance with any portion of this chapter or may raise any
  970  other defense, whether legal or equitable, which he or she may
  971  have.
  972         (b) The defense of material noncompliance may be raised by
  973  the mobile home owner only if 7 days have elapsed after he or
  974  she has notified the park owner in writing of his or her
  975  intention not to pay rent, or a portion thereof, based upon the
  976  park owner’s noncompliance with portions of this chapter,
  977  specifying in reasonable detail the provisions in default. A
  978  material noncompliance with this chapter by the park owner is a
  979  complete defense to an action for possession based upon
  980  nonpayment of rent, or a portion thereof, and, upon hearing, the
  981  court or the jury, as the case may be, shall determine the
  982  amount, if any, by which the rent is to be reduced to reflect
  983  the diminution in value of the lot during the period of
  984  noncompliance with any portion of this chapter. After
  985  consideration of all other relevant issues, the court shall
  986  enter appropriate judgment.
  987         (2) In any action by the park owner or a mobile home owner
  988  brought under subsection (1), the mobile home owner shall pay
  989  into the registry of the court that portion of the accrued rent,
  990  if any, relating to the claim of material noncompliance as
  991  alleged in the complaint, or as determined by the court. The
  992  court shall notify the mobile home owner of such requirement.
  993  The failure of the mobile home owner to pay the rent, or portion
  994  thereof, into the registry of the court or to file a motion to
  995  determine the amount of rent to be paid into the registry within
  996  5 days, excluding Saturdays, Sundays, and legal holidays, after
  997  the date of service of process constitutes an absolute waiver of
  998  the mobile home owner’s defenses other than payment, and the
  999  park owner is entitled to an immediate default judgment for
 1000  removal of the mobile home owner with a writ of possession to be
 1001  issued without further notice or hearing thereon. If a motion to
 1002  determine rent is filed, the movant must provide sworn
 1003  documentation in support of his or her allegation that the rent
 1004  alleged in the complaint is erroneous as required herein
 1005  constitutes an absolute waiver of the mobile home owner’s
 1006  defenses other than payment, and the park owner is entitled to
 1007  an immediate default.
 1008         (3) When the mobile home owner has deposited funds into the
 1009  registry of the court in accordance with the provisions of this
 1010  section and the park owner is in actual danger of loss of the
 1011  premises or other personal hardship resulting from the loss of
 1012  rental income from the premises, the park owner may apply to the
 1013  court for disbursement of all or part of the funds or for prompt
 1014  final hearing, whereupon the court shall advance the cause on
 1015  the calendar. The court, after preliminary hearing, may award
 1016  all or any portion of the funds on deposit to the park owner or
 1017  may proceed immediately to a final resolution of the cause.
 1018         Section 20. For the purpose of incorporating the amendment
 1019  made by this act to section 420.5087, Florida Statutes, in a
 1020  reference thereto, paragraph (i) of subsection (22) of section
 1021  420.507, Florida Statutes, is reenacted to read:
 1022         420.507 Powers of the corporation.—The corporation shall
 1023  have all the powers necessary or convenient to carry out and
 1024  effectuate the purposes and provisions of this part, including
 1025  the following powers which are in addition to all other powers
 1026  granted by other provisions of this part:
 1027         (22) To develop and administer the State Apartment
 1028  Incentive Loan Program. In developing and administering that
 1029  program, the corporation may:
 1030         (i) Establish, by rule, the procedure for competitively
 1031  evaluating and selecting all applications for funding based on
 1032  the criteria set forth in s. 420.5087(6)(c), determining actual
 1033  loan amounts, making and servicing loans, and exercising the
 1034  powers authorized in this subsection.
 1035         Section 21. For the purpose of incorporating the amendment
 1036  made by this act to section 420.5095, Florida Statutes, in a
 1037  reference thereto, subsection (2) of section 193.018, Florida
 1038  Statutes, is reenacted to read:
 1039         193.018 Land owned by a community land trust used to
 1040  provide affordable housing; assessment; structural improvements,
 1041  condominium parcels, and cooperative parcels.—
 1042         (2) A community land trust may convey structural
 1043  improvements, condominium parcels, or cooperative parcels, that
 1044  are located on specific parcels of land that are identified by a
 1045  legal description contained in and subject to a ground lease
 1046  having a term of at least 99 years, for the purpose of providing
 1047  affordable housing to natural persons or families who meet the
 1048  extremely-low-income, very-low-income, low-income, or moderate
 1049  income limits specified in s. 420.0004, or the income limits for
 1050  workforce housing, as defined in s. 420.5095(3). A community
 1051  land trust shall retain a preemptive option to purchase any
 1052  structural improvements, condominium parcels, or cooperative
 1053  parcels on the land at a price determined by a formula specified
 1054  in the ground lease which is designed to ensure that the
 1055  structural improvements, condominium parcels, or cooperative
 1056  parcels remain affordable.
 1057         Section 22. This act shall take effect July 1, 2020.