Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. PCS (443072) for SB 1328
Ì618886aÎ618886
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/28/2018 .
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The Committee on Appropriations (Perry) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 86 - 397
4 and insert:
5 services. As long as a parcel is in an area suitable for
6 residential development, it may be found to be suitable for use
7 as affordable housing, even if the parcel does not meet one or
8 more of these other criteria. The inventory list must include
9 the address and legal description of each such real property and
10 specify whether the property is vacant or improved. The
11 governing body of the county must review the inventory list at a
12 public hearing and may revise it at the conclusion of the public
13 hearing. The governing body of the county shall adopt a
14 resolution that includes an inventory list of such property
15 following the public hearing.
16 Section 2. Subsection (6) is added to section 163.31801,
17 Florida Statutes, to read:
18 163.31801 Impact fees; short title; intent; definitions;
19 ordinances levying impact fees.—
20 (6) In addition to the items that must be reported in the
21 annual financial reports under s. 218.32, counties,
22 municipalities, and special districts must report the following
23 data on all impact fees charged:
24 (a) The specific purpose of the impact fee, including the
25 specific infrastructure need to be met, such as transportation,
26 parks, water, sewer, and schools.
27 (b) The Impact Fee Schedule Policy, describing the method
28 of calculating impact fees, such as flat fee, tiered scale based
29 on number of bedrooms, and tiered scale based on square footage.
30 (c) The amount assessed for each purpose and type of
31 dwelling.
32 (d) The total amount of impact fees charged by type of
33 dwelling.
34 (e) Each exception and waiver provided for affordable
35 housing developments.
36 Section 3. Subsection (1) of section 166.0451, Florida
37 Statutes, is amended to read:
38 166.0451 Disposition of municipal property for affordable
39 housing.—
40 (1) Beginning July 1, 2018 By July 1, 2007, and every 3
41 years thereafter, each municipality shall prepare an inventory
42 list of all real property within its jurisdiction to which the
43 municipality holds fee simple title that is appropriate for use
44 as affordable housing. Such real property shall be evaluated on
45 criteria that include the environmental suitability for
46 construction, site characteristics, currently designated land
47 use, current or anticipated zoning, inclusion in one or more
48 special districts, existing infrastructure, proximity to
49 employment opportunities, proximity to public transportation,
50 and proximity to existing services. As long as a parcel is in an
51 area suitable for residential development, it may be found to be
52 suitable for use as affordable housing, even if the parcel does
53 not meet one or more of these other criteria. The inventory list
54 must include the address and legal description of each such
55 property and specify whether the property is vacant or improved.
56 The governing body of the municipality must review the inventory
57 list at a public hearing and may revise it at the conclusion of
58 the public hearing. Following the public hearing, the governing
59 body of the municipality shall adopt a resolution that includes
60 an inventory list of such property.
61 Section 4. Subsection (7) of section 253.0341, Florida
62 Statutes, is amended to read:
63 253.0341 Surplus of state-owned lands.—
64 (7)(a) The board of trustees must first offer
65 nonconservation surplus lands to the county and municipality
66 where the land is located for use as affordable housing as
67 identified by the Florida Housing Finance Corporation pursuant
68 to s. 420.56. All surplus buildings or land not needed for
69 affordable housing Before a building or parcel of land is
70 offered for lease or sale to a local or federal unit of
71 government or a private party, it shall first be offered for
72 lease to state agencies, state universities, and Florida College
73 System institutions, with priority consideration given to state
74 universities and Florida College System institutions. If a
75 surplus building or land is not used for affordable housing or
76 leased by a state agency, state university, or Florida College
77 System institution, the board of trustees shall offer the
78 building or land for lease or sale to a local or federal unit of
79 government or a private party.
80 (b) Within 60 days after the offer for lease of a surplus
81 building or parcel, a state university or Florida College System
82 institution that requests the lease must submit a plan for
83 review and approval by the Board of Trustees of the Internal
84 Improvement Trust Fund regarding the intended use, including
85 future use, of the building or parcel of land before approval of
86 a lease. Within 60 days after the offer for lease of a surplus
87 building or parcel, a state agency that requests the lease of
88 such facility or parcel must submit a plan for review and
89 approval by the board of trustees regarding the intended use.
90 The state agency plan must, at a minimum, include the proposed
91 use of the facility or parcel, the estimated cost of renovation,
92 a capital improvement plan for the building, evidence that the
93 building or parcel meets an existing need that cannot otherwise
94 be met, and other criteria developed by rule by the board of
95 trustees. The board or its designee shall compare the estimated
96 value of the building or parcel to any submitted business plan
97 to determine if the lease or sale is in the best interest of the
98 state. The board of trustees shall adopt rules pursuant to
99 chapter 120 for the implementation of this section.
100 Section 5. Subsection (3) is amended, and subsection (12)
101 is added to section 337.25, Florida Statutes, to read:
102 337.25 Acquisition, lease, and disposal of real and
103 personal property.—
104 (3) Beginning July 1, 2018, the department shall evaluate
105 all of its land not within a transportation corridor or within
106 the right-of-way of a transportation facility at least every 10
107 years, on a rotating basis, to determine whether the property
108 should be retained. The inventory of real property that was
109 acquired by the state after December 31, 1988, that has been
110 owned by the state for 10 or more years, and that is not within
111 a transportation corridor or within the right-of-way of a
112 transportation facility shall be evaluated to determine the
113 necessity for retaining the property. If the property is not
114 needed for the construction, operation, and maintenance of a
115 transportation facility or is not located within a
116 transportation corridor, the department may dispose of the
117 property pursuant to subsection (4).
118 (12) Except in a conveyance transacted under paragraphs
119 (4)(a), (c), and (e), the department must first offer parcels of
120 nonconservation surplus land to the county and municipality
121 where the land is located for use as affordable housing as
122 identified by the Florida Housing Finance Corporation pursuant
123 to s. 420.56.
124 Section 6. Subsection (1) is amended, and subsection (9) is
125 added to section 373.089, Florida Statutes, to read:
126 373.089 Sale or exchange of lands, or interests or rights
127 in lands.—The governing board of the district may sell lands, or
128 interests or rights in lands, to which the district has acquired
129 title or to which it may hereafter acquire title in the
130 following manner:
131 (1) Beginning on July 1, 2018, the district shall review
132 all lands and interests or rights in lands every 10 years, on a
133 rotating basis, to determine whether the lands are still needed
134 for the purpose for which they were acquired. Any lands, or
135 interests or rights in lands, determined by the governing board
136 to be surplus may be sold by the district, at any time, for the
137 highest price obtainable; however, in no case shall the selling
138 price be less than the appraised value of the lands, or
139 interests or rights in lands, as determined by a certified
140 appraisal obtained within 360 days before the effective date of
141 a contract for sale.
142 (9) The governing board must first offer nonconservation
143 surplus lands to the county and municipality where the land is
144 located for use as affordable housing as identified by the
145 Florida Housing Finance Corporation pursuant to s. 420.56.
146 Districts must only offer nonconservation surplus lands
147 originally acquired using state funds.
148
149 If the Board of Trustees of the Internal Improvement Trust Fund
150 declines to accept title to the lands offered under this
151 section, the land may be disposed of by the district under the
152 provisions of this section.
153 Section 7. Subsections (35) and (46) of section 420.507,
154 Florida Statutes, are amended to read:
155 420.507 Powers of the corporation.—The corporation shall
156 have all the powers necessary or convenient to carry out and
157 effectuate the purposes and provisions of this part, including
158 the following powers which are in addition to all other powers
159 granted by other provisions of this part:
160 (35) Upon a determination of good cause and after service
161 of an administrative complaint and adequate notice, to take one
162 or more of the following actions against any applicant or
163 affiliate of an applicant:
164 (a) Preclude such applicant or affiliate from applying for
165 funding from any corporation program for a specified period;
166 (b) Revoke any funding previously awarded by the
167 corporation for any development for which construction or
168 rehabilitation has not commenced; and
169 (c) Suspend any funding, credit underwriting procedures, or
170 application review for any development for which construction or
171 rehabilitation has not commenced, from the time an
172 administrative complaint is filed until a final order is issued
173 in regard to that complaint. For purposes of this subsection,
174 the term “good cause” means that the applicant or affiliate of
175 an applicant:
176 1. Has made a material misrepresentation or engaged in
177 fraudulent actions in connection with any application for a
178 corporation program;
179 2. Has been convicted or found guilty of, or entered a plea
180 of guilty or nolo contendere to, regardless of adjudication, a
181 crime in any jurisdiction which directly relates to the
182 financing, construction, or management of affordable housing or
183 the fraudulent procurement of state or federal funds. The record
184 of a conviction certified or authenticated in such form as to be
185 admissible in evidence under the laws of this state shall be
186 admissible as prima facie evidence of such guilt;
187 3. Has been excluded from federal or state procurement
188 programs for any reason; or
189 4. Has offered or given consideration with respect to a
190 local contribution in violation of corporation rules To preclude
191 from further participation in any of the corporation’s programs,
192 any applicant or affiliate of an applicant which has made a
193 material misrepresentation or engaged in fraudulent actions in
194 connection with any application for a corporation program.
195 (46) To require, as a condition of financing a multifamily
196 rental project, which may include allocating competitive low
197 income housing tax credits, that an agreement be recorded in the
198 official records of the county where the real property is
199 located, which requires that the project be used for housing
200 defined as affordable in s. 420.0004(3) by persons defined in s.
201 420.0004(9), (11), (12), and (17). The term of such agreement
202 may not extend beyond the period of time required by 26 U.S.C.
203 42(h)(6)(D)(ii)(II), unless the corporation affirms at the time
204 of the initial credit underwriting that the project will remain
205 economically feasible beyond such period. Such an agreement is a
206 state land use regulation that limits the highest and best use
207 of the property within the meaning of s. 193.011(2).
208 Section 8. Paragraph (c) of subsection (6) of section
209 420.5087, Florida Statutes, is amended to read:
210 420.5087 State Apartment Incentive Loan Program.—There is
211 hereby created the State Apartment Incentive Loan Program for
212 the purpose of providing first, second, or other subordinated
213 mortgage loans or loan guarantees to sponsors, including for
214 profit, nonprofit, and public entities, to provide housing
215 affordable to very-low-income persons.
216 (6) On all state apartment incentive loans, except loans
217 made to housing communities for the elderly to provide for
218 lifesafety, building preservation, health, sanitation, or
219 security-related repairs or improvements, the following
220 provisions shall apply:
221 (c) The corporation shall provide by rule for the
222 establishment of a review committee for the competitive
223 evaluation and selection of applications submitted in this
224 program, including, but not limited to, the following criteria:
225 1. Tenant income and demographic targeting objectives of
226 the corporation.
227 2. Targeting objectives of the corporation which will
228 ensure an equitable distribution of loans between rural and
229 urban areas.
230 3. Sponsor’s agreement to reserve the units for persons or
231 families who have incomes below 50 percent of the state or local
232 median income, whichever is higher, for a time period that
233 exceeds the minimum required by federal law or this part.
234 4. Sponsor’s agreement to reserve more than:
235 a. Twenty percent of the units in the project for persons
236 or families who have incomes that do not exceed 50 percent of
237 the state or local median income, whichever is higher; or
238 b. Forty percent of the units in the project for persons or
239 families who have incomes that do not exceed 60 percent of the
240 state or local median income, whichever is higher, without
241 requiring a greater amount of the loans as provided in this
242 section.
243 5. Provision for tenant counseling.
244 6. Sponsor’s agreement to accept rental assistance
245 certificates or vouchers as payment for rent.
246 7. Projects requiring the least amount of a state apartment
247 incentive loan compared to overall project cost, except that the
248 share of the loan attributable to units serving extremely-low
249 income persons must be excluded from this requirement.
250 8. Local government contributions and local government
251 comprehensive planning and activities that promote affordable
252 housing and policies that promote access to public
253 transportation, reduce the need for onsite parking where
254 appropriate, and expedite permits for affordable housing
255 projects as provided in s. 553.7923.
256 9. Project feasibility.
257 10. Economic viability of the project.
258 11. Commitment of first mortgage financing.
259 12. Sponsor’s prior experience.
260 13. Sponsor’s ability to proceed with construction.
261 14. Projects that directly implement or assist welfare-to
262 work transitioning.
263 15. Projects that reserve units for extremely-low-income
264 persons.
265 16. Projects that include green building principles, storm
266 resistant construction, or other elements that reduce long-term
267 costs relating to maintenance, utilities, or insurance.
268 17. Job-creation rate of the developer and general
269 contractor, as provided in s. 420.507(47).
270 Section 9. Section 420.56, Florida Statutes, is created to
271 read:
272 420.56 Disposal of surplus lands for use as affordable
273 housing.—
274 (1) It is intent of the Legislature to make all suitable
275 surplus lands designated as nonconservation available for
276 affordable housing before making the parcels available for
277 purchase by other governmental entities or the public.
278 (2) The Department of Environmental Protection acting on
279 the behalf of the Board of Trustees of the Internal Improvement
280 Trust Fund, the Department of Transportation, and each water
281 management district shall notify the corporation when
282 nonconservation land becomes available for surplus as part of
283 the entity’s regular review of lands under the provisions of s.
284 253.0341, s. 337.25, or s. 373.089 before making the parcel
285 available for any other use, including for purchase by other
286 governmental entities or the public. Water management districts
287 must only identify nonconservation surplus lands originally
288 acquired using state funds.
289 (3) In consultation with the Department of Environmental
290 Protection, the Department of Transportation, and the water
291 management districts, the corporation must issue an advisory
292 opinion as to whether these surplus lands may be suitable for
293 affordable housing. The corporation shall first determine
294 whether the parcel is within a special district set up to
295 revitalize a community. Only parcels determined to be outside
296 these areas will be further evaluated for suitability. The
297 corporation’s evaluation shall consider at least the following
298 criteria: the property’s environmental suitability for
299 construction; current and anticipated land use and zoning;
300 existing and anticipated infrastructure on the land, such as
301 roads, water, sewer, and electricity; access to grocery stores;
302 access to employment opportunities; access to public
303 transportation; and access to community services, such as public
304 libraries, health care, and employment centers. As long as a
305 parcel is in an area suitable for residential development, it
306 may be found by the corporation to be suitable for use as
307 affordable housing, even if the parcel does not meet one or more
308 of these or other criteria.
309 (4) If the corporation issues an advisory opinion finding
310 that the nonconservation surplus land may be suitable for
311 affordable housing, the entity seeking to dispose of the parcel
312 must first offer the land to the county and municipality where
313 the land is located, to be used for affordable housing, before
314 the entity offers the land to other governmental entities or the
315 public. If the county and municipality where the parcel is
316 located do not wish to use the parcel for affordable housing,
317 the entity may dispose of the parcel as otherwise provided by
318 law or herein.
319 (5) The Board of Trustees of the Internal Improvement Trust
320 Fund, the Department of Transportation, and the water management
321 districts may sell the parcels identified by the corporation for
322 affordable housing for less than the appraised value to any
323 party so long as the agency places an encumbrance on the parcels
324 to ensure the purchaser uses the land for affordable housing for
325 a period of not less than 99 years.
326 (6)(a) The Board of Trustees of the Internal Improvement
327 Trust Fund, the Department of Transportation, and the water
328 management districts are exempt from the disposal procedures of
329 ss. 253.0341(8) and (9), 337.25(4) and (7), 373.089(1), (2),
330 (3), and (8) when disposing of nonconservation surplus lands
331 under this section.
332 (b) The sale price of land parcels disposed of pursuant to
333 this section shall be determined by the entity disposing of the
334 parcels. The Department of Transportation, the Board of Trustees
335 of the Internal Improvement Trust Fund, and the water management
336 districts must consider at least one appraisal of the property
337 or, if the estimated value of the land is $500,000 or less, a
338 comparable sales analysis or a broker’s opinion of value;
339 however, if a property owned by the Department of Transportation
340 was acquired with federal participation and the estimated value
341 of the property is more than $25,000, an appraisal of the
342 property must be considered.
343
344 ================= T I T L E A M E N D M E N T ================
345 And the title is amended as follows:
346 Delete lines 6 - 18
347 and insert:
348 of lands; providing that, as long as a parcel is in an
349 area suitable for residential development, it may be
350 found to be suitable for use as affordable housing,
351 even if the parcel does not meet certain other
352 criteria; amending s. 163.31801, F.S.; requiring that
353 additional information be submitted by specified
354 entities when submitting their annual financial
355 reports; amending ss. 253.0341, 337.25, and 373.089,
356 F.S.; revising the procedures under which the Board of
357 Trustees of the Internal Improvement Trust Fund, the
358 Department of Transportation, and the water management
359 districts must dispose of nonconservation surplus
360 lands; amending s. 420.507, F.S.; authorizing the
361 Florida Housing Finance Corporation to take one or
362 more specified actions against any applicant or
363 affiliate of an applicant upon a determination of good
364 cause and after service of an administrative complaint
365 and adequate notice; defining the term “good cause”;
366 authorizing the corporation to require, as a condition
367 of financing a multifamily rental project, which may
368 include