Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 350
Ì634362#Î634362
LEGISLATIVE ACTION
Senate . House
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The Committee on Community Affairs (Hutson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (6) and (7) are added to section
6 163.31801, Florida Statutes, to read:
7 163.31801 Impact fees; short title; intent; definitions;
8 ordinances levying impact fees.—
9 (6) A county, municipality, or special district may provide
10 an exception or waiver for an impact fee for the development or
11 construction of housing that is affordable, as defined in s.
12 420.9071. If a county, municipality, or special district
13 provides such an exception or waiver, it is not required to use
14 any revenues to offset the impact.
15 (7) In addition to the items that must be reported in the
16 annual financial reports under s. 218.32, counties,
17 municipalities, and special districts must report all of the
18 following data on all impact fees charged:
19 (a) The specific purpose of the impact fee, including the
20 specific infrastructure needs to be met, such as transportation,
21 parks, water, sewer, and schools.
22 (b) The impact fee schedule policy describing the method of
23 calculating impact fees, such as flat fees, tiered scales based
24 on number of bedrooms, or tiered scales based on square footage.
25 (c) The amount assessed for each purpose and for each type
26 of dwelling.
27 (d) The total amount of impact fees charged by type of
28 dwelling.
29 (e) Each exception and each waiver provided for affordable
30 housing developments.
31 Section 2. Section 420.0007, Florida Statutes, is created
32 to read:
33 420.0007 Local permit approval process for affordable
34 housing.—
35 (1) A local government has 15 days after the date it
36 receives an application for a development permit, a construction
37 permit, or a certificate of occupancy for affordable housing to
38 examine the application and notify the applicant of any apparent
39 errors or omissions and to request any additional information
40 that the local government is authorized by law to require.
41 (2) If a local government does not request additional
42 information within the timeframe specified in subsection (1),
43 the local government may not deny a development permit,
44 construction permit, or certificate of occupancy for affordable
45 housing if the applicant has failed to correct the error or the
46 omission or to supply additional information.
47 (3) The local government may require any additional
48 requested information to be submitted not later than 10 days
49 after the date of the notice specified in subsection (1).
50 (4) For good cause shown, the local government shall grant
51 a request for an extension of time for submitting the additional
52 information.
53 (5) An application is complete upon receipt of all
54 requested information and upon the correction of any error or
55 omission for which the applicant was timely notified or when the
56 time for notification has expired.
57 (6) The local government shall approve or deny an
58 application for a development permit, a construction permit, or
59 a certificate of occupancy for affordable housing within 60 days
60 after receipt of a completed application unless a shorter period
61 of time for action by local government is provided by law.
62 (7) If the local government does not approve or deny an
63 application for a development permit, a construction permit, or
64 a certificate of occupancy for affordable housing within the 60
65 day, or a shorter, time period, the permit is considered
66 approved and the local government shall issue the development
67 permit, the construction permit, or the certificate of
68 occupancy, which may include reasonable conditions as authorized
69 by law.
70 (8) An applicant for a development permit, a construction
71 permit, or a certificate of occupancy seeking to receive a
72 permit by default under this section must notify the local
73 government in writing of the intent to rely upon the default
74 approval provision of this section but may not take any action
75 based upon the default development permit, construction permit,
76 or certificate of occupancy until the applicant receives
77 notification or a receipt that the local government received the
78 notice. The applicant must retain the notification or the
79 receipt.
80 Section 3. Paragraph (c) of subsection (6) of section
81 420.5087, Florida Statutes, is amended to read:
82 420.5087 State Apartment Incentive Loan Program.—There is
83 hereby created the State Apartment Incentive Loan Program for
84 the purpose of providing first, second, or other subordinated
85 mortgage loans or loan guarantees to sponsors, including for
86 profit, nonprofit, and public entities, to provide housing
87 affordable to very-low-income persons.
88 (6) On all state apartment incentive loans, except loans
89 made to housing communities for the elderly to provide for
90 lifesafety, building preservation, health, sanitation, or
91 security-related repairs or improvements, the following
92 provisions shall apply:
93 (c) The corporation shall provide by rule for the
94 establishment of a review committee for the competitive
95 evaluation and selection of applications submitted in this
96 program, including, but not limited to, the following criteria:
97 1. Tenant income and demographic targeting objectives of
98 the corporation.
99 2. Targeting objectives of the corporation which will
100 ensure an equitable distribution of loans between rural and
101 urban areas.
102 3. Sponsor’s agreement to reserve the units for persons or
103 families who have incomes below 50 percent of the state or local
104 median income, whichever is higher, for a time period that
105 exceeds the minimum required by federal law or this part.
106 4. Sponsor’s agreement to reserve more than:
107 a. Twenty percent of the units in the project for persons
108 or families who have incomes that do not exceed 50 percent of
109 the state or local median income, whichever is higher; or
110 b. Forty percent of the units in the project for persons or
111 families who have incomes that do not exceed 60 percent of the
112 state or local median income, whichever is higher, without
113 requiring a greater amount of the loans as provided in this
114 section.
115 5. Provision for tenant counseling.
116 6. Sponsor’s agreement to accept rental assistance
117 certificates or vouchers as payment for rent.
118 7. Projects requiring the least amount of a state apartment
119 incentive loan compared to overall project cost, except that the
120 share of the loan attributable to units serving extremely-low
121 income persons must be excluded from this requirement.
122 8. Local government contributions and local government
123 comprehensive planning and activities that promote affordable
124 housing and policies that promote access to public
125 transportation, reduce the need for onsite parking, and expedite
126 permits for affordable housing projects as provided in s.
127 420.0007.
128 9. Project feasibility.
129 10. Economic viability of the project.
130 11. Commitment of first mortgage financing.
131 12. Sponsor’s prior experience.
132 13. Sponsor’s ability to proceed with construction.
133 14. Projects that directly implement or assist welfare-to
134 work transitioning.
135 15. Projects that reserve units for extremely-low-income
136 persons.
137 16. Projects that include green building principles, storm
138 resistant construction, or other elements that reduce long-term
139 costs relating to maintenance, utilities, or insurance.
140 17. Job-creation rate of the developer and general
141 contractor, as provided in s. 420.507(47).
142 Section 4. Section 420.5095, Florida Statutes, is amended
143 to read:
144 420.5095 Community Workforce Housing Loan Innovation Pilot
145 Program.—
146 (1) The Legislature finds and declares that recent rapid
147 increases in the median purchase price of a home and the cost of
148 rental housing have far outstripped the increases in median
149 income in the state, preventing essential services personnel
150 from living in the communities where they serve and thereby
151 creating the need for innovative solutions for the provision of
152 housing opportunities for essential services personnel.
153 (2) The Community Workforce Housing Loan Innovation Pilot
154 Program is created to provide affordable rental and home
155 ownership community workforce housing for essential services
156 personnel affected by the high cost of housing, using regulatory
157 incentives and state and local funds to promote local public
158 private partnerships and leverage government and private
159 resources.
160 (3) For purposes of this section, the term:
161 (a) “workforce housing” means housing affordable to natural
162 persons or families whose total annual household income does not
163 exceed 80 140 percent of the area median income, adjusted for
164 household size, or 120 150 percent of area median income,
165 adjusted for household size, in areas of critical state concern
166 designated under s. 380.05, for which the Legislature has
167 declared its intent to provide affordable housing, and areas
168 that were designated as areas of critical state concern for at
169 least 20 consecutive years prior to removal of the designation.
170 (b) “Essential services personnel” means persons in need of
171 affordable housing who are employed in occupations or
172 professions in which they are considered essential services
173 personnel, as defined by each county and eligible municipality
174 within its respective local housing assistance plan pursuant to
175 s. 420.9075(3)(a).
176 (c) “Public-private partnership” means any form of business
177 entity that includes substantial involvement of at least one
178 county, one municipality, or one public sector entity, such as a
179 school district or other unit of local government in which the
180 project is to be located, and at least one private sector for
181 profit or not-for-profit business or charitable entity, and may
182 be any form of business entity, including a joint venture or
183 contractual agreement.
184 (4) The Florida Housing Finance Corporation is authorized
185 to provide loans under the Community Workforce Housing
186 Innovation Pilot program loans to applicants an applicant for
187 construction or rehabilitation of workforce housing in eligible
188 areas. This funding is intended to be used with other public and
189 private sector resources.
190 (5) The corporation shall establish a loan application
191 process under s. 420.5087 by rule which includes selection
192 criteria, an application review process, and a funding process.
193 The corporation shall also establish an application review
194 committee that may include up to three private citizens
195 representing the areas of housing or real estate development,
196 banking, community planning, or other areas related to the
197 development or financing of workforce and affordable housing.
198 (a) The selection criteria and application review process
199 must include a procedure for curing errors in the loan
200 applications which do not make a substantial change to the
201 proposed project.
202 (b) To achieve the goals of the pilot program, the
203 application review committee may approve or reject loan
204 applications or responses to questions raised during the review
205 of an application due to the insufficiency of information
206 provided.
207 (c) The application review committee shall make
208 recommendations concerning program participation and funding to
209 the corporation’s board of directors.
210 (d) The board of directors shall approve or reject loan
211 applications, determine the tentative loan amount available to
212 each applicant, and rank all approved applications.
213 (e) The board of directors shall decide which approved
214 applicants will become program participants and determine the
215 maximum loan amount for each program participant.
216 (6) The corporation shall provide incentives for local
217 governments in eligible areas to use local affordable housing
218 funds, such as those from the State Housing Initiatives
219 Partnership Program, to assist in meeting the affordable housing
220 needs of persons eligible under this program. Local governments
221 are authorized to use State Housing Initiative Partnership
222 Program funds for persons or families whose total annual
223 household income does not exceed:
224 (a) One hundred and forty percent of the area median
225 income, adjusted for household size; or
226 (b) One hundred and fifty percent of the area median
227 income, adjusted for household size, in areas that were
228 designated as areas of critical state concern for at least 20
229 consecutive years prior to the removal of the designation and in
230 areas of critical state concern, designated under s. 380.05, for
231 which the Legislature has declared its intent to provide
232 affordable housing.
233 (7) Funding shall be targeted to innovative projects in
234 areas where the disparity between the area median income and the
235 median sales price for a single-family home is greatest, and
236 where population growth as a percentage rate of increase is
237 greatest. The corporation may also fund projects in areas where
238 innovative regulatory and financial incentives are made
239 available. The corporation shall fund at least one eligible
240 project in as many counties and regions of the state as is
241 practicable, consistent with program goals.
242 (6)(8) Projects must be given shall receive priority
243 consideration for funding if where:
244 (a) The local jurisdiction has adopted, or is committed to
245 adopting, appropriate regulatory incentives, or the local
246 jurisdiction or public-private partnership has adopted or is
247 committed to adopting local contributions or financial
248 strategies, or other funding sources to promote the development
249 and ongoing financial viability of such projects. Local
250 incentives include such actions as expediting review of
251 development orders and permits, supporting development near
252 transportation hubs and major employment centers, and adopting
253 land development regulations designed to allow flexibility in
254 densities, use of accessory units, mixed-use developments, and
255 flexible lot configurations. Financial strategies include such
256 actions as promoting employer-assisted housing programs,
257 providing tax increment financing, and providing land.
258 (b) Projects are innovative and include new construction or
259 rehabilitation; mixed-income housing; commercial and housing
260 mixed-use elements; innovative design; green building
261 principles; storm-resistant construction; or other elements that
262 reduce long-term costs relating to maintenance, utilities, or
263 insurance and promote homeownership. The program funding may not
264 exceed the costs attributable to the portion of the project that
265 is set aside to provide housing for the targeted population.
266 (b)(c) The projects that set aside not more than 50 at
267 least 80 percent of units for workforce housing and at least 50
268 percent for essential services personnel and for projects that
269 require the least amount of program funding compared to the
270 overall housing costs for the project.
271 (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
272 government comprehensive plan amendment to implement a Community
273 Workforce Housing Innovation Pilot Program project found
274 consistent with this section shall be expedited as provided in
275 this subsection. At least 30 days prior to adopting a plan
276 amendment under this subsection, the local government shall
277 notify the state land planning agency of its intent to adopt
278 such an amendment, and the notice shall include its evaluation
279 related to site suitability and availability of facilities and
280 services. The public notice of the hearing required by s.
281 163.3184(11)(b)2. shall include a statement that the local
282 government intends to use the expedited adoption process
283 authorized by this subsection. Such amendments shall require
284 only a single public hearing before the governing board, which
285 shall be an adoption hearing as described in s. 163.3184(4)(e).
286 Any further proceedings shall be governed by s. 163.3184(5)
287 (13).
288 (10) The processing of approvals of development orders or
289 development permits, as defined in s. 163.3164, for innovative
290 community workforce housing projects shall be expedited.
291 (7)(11) The corporation shall award loans with a interest
292 rates set at 1 to 3 percent interest rate for a term that does
293 not exceed 15 years, which may be made forgivable when long-term
294 affordability is provided and when at least 80 percent of the
295 units are set aside for workforce housing and at least 50
296 percent of the units are set aside for essential services
297 personnel.
298 (12) All eligible applications shall:
299 (a) For home ownership, limit the sales price of a detached
300 unit, townhome, or condominium unit to not more than 90 percent
301 of the median sales price for that type of unit in that county,
302 or the statewide median sales price for that type of unit,
303 whichever is higher, and require that all eligible purchasers of
304 home ownership units occupy the homes as their primary
305 residence.
306 (b) For rental units, restrict rents for all workforce
307 housing serving those with incomes at or below 120 percent of
308 area median income at the appropriate income level using the
309 restricted rents for the federal low-income housing tax credit
310 program and, for workforce housing units serving those with
311 incomes above 120 percent of area median income, restrict rents
312 to those established by the corporation, not to exceed 30
313 percent of the maximum household income adjusted to unit size.
314 (c) Demonstrate that the applicant is a public-private
315 partnership in an agreement, contract, partnership agreement,
316 memorandum of understanding, or other written instrument signed
317 by all the project partners.
318 (d) Have grants, donations of land, or contributions from
319 the public-private partnership or other sources collectively
320 totaling at least 10 percent of the total development cost or $2
321 million, whichever is less. Such grants, donations of land, or
322 contributions must be evidenced by a letter of commitment,
323 agreement, contract, deed, memorandum of understanding, or other
324 written instrument at the time of application. Grants, donations
325 of land, or contributions in excess of 10 percent of the
326 development cost shall increase the application score.
327 (e) Demonstrate how the applicant will use the regulatory
328 incentives and financial strategies outlined in subsection (8)
329 from the local jurisdiction in which the proposed project is to
330 be located. The corporation may consult with the Department of
331 Economic Opportunity in evaluating the use of regulatory
332 incentives by applicants.
333 (f) Demonstrate that the applicant possesses title to or
334 site control of land and evidences availability of required
335 infrastructure.
336 (g) Demonstrate the applicant’s affordable housing
337 development and management experience.
338 (h) Provide any research or facts available supporting the
339 demand and need for rental or home ownership workforce housing
340 for eligible persons in the market in which the project is
341 proposed.
342 (13) Projects may include manufactured housing constructed
343 after June 1994 and installed in accordance with mobile home
344 installation standards of the Department of Highway Safety and
345 Motor Vehicles.
346 (8)(14) The corporation may adopt rules pursuant to ss.
347 120.536(1) and 120.54 to implement this section.
348 (15) The corporation may use a maximum of 2 percent of the
349 annual program appropriation for administration and compliance
350 monitoring.
351 (16) The corporation shall review the success of the
352 Community Workforce Housing Innovation Pilot Program to
353 ascertain whether the projects financed by the program are
354 useful in meeting the housing needs of eligible areas and shall
355 include its findings in the annual report required under s.
356 420.511(3).
357 Section 5. Subsection (16) of section 420.9071, Florida
358 Statutes, is amended to read:
359 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
360 term:
361 (16) “Local housing incentive strategies” means local
362 regulatory reform or incentive programs to encourage or
363 facilitate affordable housing production, which include at a
364 minimum, expediting development permits, as defined in s.
365 163.3164, for affordable housing projects as provided in s.
366 420.0007 assurance that permits for affordable housing projects
367 are expedited to a greater degree than other projects, as
368 provided in s. 163.3177(6)(f)3.; an ongoing process for review
369 of local policies, ordinances, regulations, and plan provisions
370 that increase the cost of housing prior to their adoption; and a
371 schedule for implementing the incentive strategies. Local
372 housing incentive strategies may also include other regulatory
373 reforms, such as those enumerated in s. 420.9076 or those
374 recommended by the affordable housing advisory committee in its
375 triennial evaluation of the implementation of affordable housing
376 incentives, and adopted by the local governing body.
377 Section 6. For the purpose of incorporating the amendment
378 made by this act to section 420.5095, Florida Statutes, in a
379 reference thereto, subsection (2) of section 193.018, Florida
380 Statutes, is reenacted to read:
381 193.018 Land owned by a community land trust used to
382 provide affordable housing; assessment; structural improvements,
383 condominium parcels, and cooperative parcels.—
384 (2) A community land trust may convey structural
385 improvements, condominium parcels, or cooperative parcels, that
386 are located on specific parcels of land that are identified by a
387 legal description contained in and subject to a ground lease
388 having a term of at least 99 years, for the purpose of providing
389 affordable housing to natural persons or families who meet the
390 extremely-low-income, very-low-income, low-income, or moderate
391 income limits specified in s. 420.0004, or the income limits for
392 workforce housing, as defined in s. 420.5095(3). A community
393 land trust shall retain a preemptive option to purchase any
394 structural improvements, condominium parcels, or cooperative
395 parcels on the land at a price determined by a formula specified
396 in the ground lease which is designed to ensure that the
397 structural improvements, condominium parcels, or cooperative
398 parcels remain affordable.
399 Section 7. This act shall take effect July 1, 2019.
400
401 ================= T I T L E A M E N D M E N T ================
402 And the title is amended as follows:
403 Delete everything before the enacting clause
404 and insert:
405 A bill to be entitled
406 An act relating to affordable housing; amending s.
407 163.31801, F.S.; authorizing local governments to
408 provide exceptions or waivers for impact fees for
409 affordable housing developments; requiring that
410 certain data relating to impact fees be included in
411 the annual financial reports for specified entities;
412 creating s. 420.0007, F.S.; providing a local permit
413 approval process; amending s. 420.5087, F.S.; revising
414 the criteria used by a review committee when
415 evaluating and selecting specified applications for
416 state apartment incentive loans; amending s. 420.5095,
417 F.S.; creating the Community Workforce Housing Loan
418 Program in the place of the Community Workforce
419 Housing Innovation Pilot Program to provide workforce
420 housing for essential services personnel affected by
421 the high cost of housing; redefining the term
422 “workforce housing”; deleting definitions; authorizing
423 the Florida Housing Finance Corporation to provide
424 loans under the program to applicants for construction
425 of workforce housing; requiring the corporation to
426 establish a certain loan application process;
427 requiring projects to receive priority consideration
428 under certain circumstances; requiring that the
429 corporation award loans at a specified interest rate
430 and for a limited term; amending s. 420.9071, F.S.;
431 revising the definition of the term “local housing
432 incentive strategies”; reenacting s. 193.018(2), F.S.,
433 relating to land owned by a community land trust used
434 to provide affordable housing, to incorporate the
435 amendment made to s. 420.5095, F.S., in a reference
436 thereto; providing an effective date.