Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1339, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Hutson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) is added to section 125.01055,
    6  Florida Statutes, to read:
    7         125.01055 Affordable housing.—
    8         (4) Notwithstanding any other law or local ordinance or
    9  regulation to the contrary, the board of county commissioners
   10  may approve the development of housing that is affordable, as
   11  defined in s. 420.0004, on any parcel zoned for residential,
   12  commercial, or industrial use.
   13         Section 2. Paragraph (d) of subsection (3) of section
   14  129.03, Florida Statutes, is amended to read:
   15         129.03 Preparation and adoption of budget.—
   16         (3) The county budget officer, after tentatively
   17  ascertaining the proposed fiscal policies of the board for the
   18  next fiscal year, shall prepare and present to the board a
   19  tentative budget for the next fiscal year for each of the funds
   20  provided in this chapter, including all estimated receipts,
   21  taxes to be levied, and balances expected to be brought forward
   22  and all estimated expenditures, reserves, and balances to be
   23  carried over at the end of the year.
   24         (d) By October 15, 2019, and each October 15 annually
   25  thereafter, the county budget officer shall electronically
   26  submit the following information regarding the final budget and
   27  the county’s economic status to the Office of Economic and
   28  Demographic Research in the format specified by the office:
   29         1. Government spending per resident, including, at a
   30  minimum, the spending per resident for the previous 5 fiscal
   31  years.
   32         2. Government debt per resident, including, at a minimum,
   33  the debt per resident for the previous 5 fiscal years.
   34         3. Median income within the county.
   35         4. The average county employee salary.
   36         5. Percent of budget spent on salaries and benefits for
   37  county employees.
   38         6. Number of special taxing districts, wholly or partially,
   39  within the county.
   40         7. Annual county expenditures providing for the financing,
   41  acquisition, construction, reconstruction, or rehabilitation of
   42  housing that is affordable, as that term is defined in s.
   43  420.0004. The reported expenditures must indicate the source of
   44  such funds as “federal,” “state,” “local,” or “other,” as
   45  applicable. The information required by this subparagraph must
   46  be included in the submission due by October 15, 2020, and each
   47  annual submission thereafter.
   48         Section 3. Paragraph (d) of subsection (7) of section
   49  163.01, Florida Statutes, is amended to read:
   50         163.01 Florida Interlocal Cooperation Act of 1969.—
   51         (7)
   52         (d) Notwithstanding the provisions of paragraph (c), any
   53  separate legal entity created pursuant to this section and
   54  controlled by the municipalities or counties of this state or by
   55  one or more municipality and one or more county of this state,
   56  the membership of which consists or is to consist of
   57  municipalities only, counties only, or one or more municipality
   58  and one or more county, may, for the purpose of financing or
   59  refinancing any capital projects, exercise all powers in
   60  connection with the authorization, issuance, and sale of bonds.
   61  Notwithstanding any limitations provided in this section, all of
   62  the privileges, benefits, powers, and terms of part I of chapter
   63  125, part II of chapter 166, and part I of chapter 159 are shall
   64  be fully applicable to such entity. Bonds issued by such entity
   65  are shall be deemed issued on behalf of the counties, or
   66  municipalities, or private entities which enter into loan
   67  agreements with such entity as provided in this paragraph. Any
   68  loan agreement executed pursuant to a program of such entity is
   69  shall be governed by the provisions of part I of chapter 159 or,
   70  in the case of counties, part I of chapter 125, or in the case
   71  of municipalities and charter counties, part II of chapter 166.
   72  Proceeds of bonds issued by such entity may be loaned to
   73  counties or municipalities of this state or a combination of
   74  municipalities and counties, whether or not such counties or
   75  municipalities are also members of the entity issuing the bonds,
   76  or to private entities for projects that are “self-liquidating,”
   77  as provided in s. 159.02, whether or not such private entities
   78  are located within the jurisdictional boundaries of a county or
   79  municipality that is a member of the entity issuing the bonds.
   80  The issuance of bonds by such entity to fund a loan program to
   81  make loans to municipalities, or counties, or private entities
   82  or a combination of municipalities, and counties, and private
   83  entities with one another for capital projects to be identified
   84  subsequent to the issuance of the bonds to fund such loan
   85  programs is deemed to be a paramount public purpose. Any entity
   86  so created may also issue bond anticipation notes, as provided
   87  by s. 215.431, in connection with the authorization, issuance,
   88  and sale of such bonds. In addition, the governing body of such
   89  legal entity may also authorize bonds to be issued and sold from
   90  time to time and may delegate, to such officer, official, or
   91  agent of such legal entity as the governing body of such legal
   92  entity may select, the power to determine the time; manner of
   93  sale, public or private; maturities; rate or rates of interest,
   94  which may be fixed or may vary at such time or times and in
   95  accordance with a specified formula or method of determination;
   96  and other terms and conditions as may be deemed appropriate by
   97  the officer, official, or agent so designated by the governing
   98  body of such legal entity. However, the amounts and maturities
   99  of such bonds and the interest rate or rates of such bonds shall
  100  be within the limits prescribed by the governing body of such
  101  legal entity and its resolution delegating to such officer,
  102  official, or agent the power to authorize the issuance and sale
  103  of such bonds. A local government self-insurance fund
  104  established under this section may financially guarantee bonds
  105  or bond anticipation notes issued or loans made under this
  106  subsection. Bonds issued pursuant to this paragraph may be
  107  validated as provided in chapter 75. The complaint in any action
  108  to validate such bonds shall be filed only in the Circuit Court
  109  for Leon County. The notice required to be published by s. 75.06
  110  shall be published only in Leon County, and the complaint and
  111  order of the circuit court shall be served only on the State
  112  Attorney of the Second Judicial Circuit and on the state
  113  attorney of each circuit in each county where the public
  114  agencies which were initially a party to the agreement are
  115  located. Notice of such proceedings shall be published in the
  116  manner and the time required by s. 75.06 in Leon County and in
  117  each county where the public agencies which were initially a
  118  party to the agreement are located. Obligations of any county or
  119  municipality pursuant to a loan agreement as described in this
  120  paragraph may be validated as provided in chapter 75.
  121         Section 4. Subsections (3) and (4) of section 163.31771,
  122  Florida Statutes, are amended to read:
  123         163.31771 Accessory dwelling units.—
  124         (3) A Upon a finding by a local government that there is a
  125  shortage of affordable rentals within its jurisdiction, the
  126  local government may adopt an ordinance to allow accessory
  127  dwelling units in any area zoned for single-family residential
  128  use.
  129         (4) If the local government adopts an ordinance under this
  130  section, An application for a building permit to construct an
  131  accessory dwelling unit must include an affidavit from the
  132  applicant which attests that the unit will be rented at an
  133  affordable rate to an extremely-low-income, very-low-income,
  134  low-income, or moderate-income person or persons.
  135         Section 5. Subsection (10) is added to section 163.31801,
  136  Florida Statutes, to read:
  137         163.31801 Impact fees; short title; intent; minimum
  138  requirements; audits; challenges.—
  139         (10) In addition to the items that must be reported in the
  140  annual financial reports under s. 218.32, a county,
  141  municipality, or special district must report all of the
  142  following data on all impact fees charged:
  143         (a)The specific purpose of the impact fee, including the
  144  specific infrastructure needs to be met, including, but not
  145  limited to, transportation, parks, water, sewer, and schools.
  146         (b)The impact fee schedule policy describing the method of
  147  calculating impact fees, such as flat fees, tiered scales based
  148  on number of bedrooms, or tiered scales based on square footage.
  149         (c)The amount assessed for each purpose and for each type
  150  of dwelling.
  151         (d)The total amount of impact fees charged by type of
  152  dwelling.
  153         (e) Each exception and waiver provided for construction or
  154  development of housing that is affordable.
  155         Section 6. Subsection (4) is added to section 166.04151,
  156  Florida Statutes, to read:
  157         166.04151 Affordable housing.—
  158         (4) Notwithstanding any other law or local ordinance or
  159  regulation to the contrary, the governing body of a municipality
  160  may approve the development of housing that is affordable, as
  161  defined in s. 420.0004, on any parcel zoned for residential,
  162  commercial, or industrial use.
  163         Section 7. Subsection (4) of section 166.241, Florida
  164  Statutes, is amended to read:
  165         166.241 Fiscal years, budgets, and budget amendments.—
  166         (4) By Beginning October 15, 2019, and each October 15
  167  thereafter, the municipal budget officer shall electronically
  168  submit the following information regarding the final budget and
  169  the municipality’s economic status to the Office of Economic and
  170  Demographic Research in the format specified by the office:
  171         (a) Government spending per resident, including, at a
  172  minimum, the spending per resident for the previous 5 fiscal
  173  years.
  174         (b) Government debt per resident, including, at a minimum,
  175  the debt per resident for the previous 5 fiscal years.
  176         (c) Average municipal employee salary.
  177         (d) Median income within the municipality.
  178         (e) Number of special taxing districts wholly or partially
  179  within the municipality.
  180         (f) Percent of budget spent on salaries and benefits for
  181  municipal employees.
  182         (g) Annual municipal expenditures providing for the
  183  financing, acquisition, construction, reconstruction, or
  184  rehabilitation of housing that is affordable, as that term is
  185  defined in s. 420.0004. The reported expenditures must indicate
  186  the source of such funds as “federal,” “state,” “local,” or
  187  “other,” as applicable. This information must be included in the
  188  submission due by October 15, 2020, and each annual submission
  189  thereafter.
  190         Section 8. Paragraph (h) of subsection (3) of section
  191  320.77, Florida Statutes, is amended to read:
  192         320.77 License required of mobile home dealers.—
  193         (3) APPLICATION.—The application for such license shall be
  194  in the form prescribed by the department and subject to such
  195  rules as may be prescribed by it. The application shall be
  196  verified by oath or affirmation and shall contain:
  197         (h) Certification by the applicant:
  198         1. That the location is a permanent one, not a tent or a
  199  temporary stand or other temporary quarters.; and,
  200         2. Except in the case of a mobile home broker, that the
  201  location affords sufficient unoccupied space to display store
  202  all mobile homes offered and displayed for sale. A space to
  203  display a manufactured home as a model home is sufficient to
  204  satisfy this requirement.; and that The location must be is a
  205  suitable place in which the applicant can in good faith carry on
  206  business and keep and maintain books, records, and files
  207  necessary to conduct such business, which must will be available
  208  at all reasonable hours to inspection by the department or any
  209  of its inspectors or other employees.
  211  This paragraph does subsection shall not preclude a licensed
  212  mobile home dealer from displaying and offering for sale mobile
  213  homes in a mobile home park.
  215  The department shall, if it deems necessary, cause an
  216  investigation to be made to ascertain if the facts set forth in
  217  the application are true and shall not issue a license to the
  218  applicant until it is satisfied that the facts set forth in the
  219  application are true.
  220         Section 9. Paragraph (j) of subsection (3) of section
  221  320.771, Florida Statutes, is amended to read:
  222         320.771 License required of recreational vehicle dealers.—
  223         (3) APPLICATION.—The application for such license shall be
  224  in the form prescribed by the department and subject to such
  225  rules as may be prescribed by it. The application shall be
  226  verified by oath or affirmation and shall contain:
  227         (j) A statement that the applicant is insured under a
  228  garage liability insurance policy, which shall include, at a
  229  minimum, $25,000 combined single-limit liability coverage,
  230  including bodily injury and property damage protection, and
  231  $10,000 personal injury protection, if the applicant is to be
  232  licensed as a dealer in, or intends to sell, recreational
  233  vehicles. However, a garage liability policy is not required for
  234  the licensure of a mobile home dealer who sells only park
  235  trailers.
  237  The department shall, if it deems necessary, cause an
  238  investigation to be made to ascertain if the facts set forth in
  239  the application are true and shall not issue a license to the
  240  applicant until it is satisfied that the facts set forth in the
  241  application are true.
  242         Section 10. Subsection (2) of section 320.822, Florida
  243  Statutes, is amended to read:
  244         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
  245  320.822-320.862, unless the context otherwise requires, the
  246  following words or phrases have the following meanings:
  247         (2) “Code” means the appropriate standards found in:
  248         (a) The Federal Manufactured Housing Construction and
  249  Safety Standards for single-family mobile homes, promulgated by
  250  the Department of Housing and Urban Development;
  251         (b) The Uniform Standards Code approved by the American
  252  National Standards Institute, ANSI A-119.2 for recreational
  253  vehicles and ANSI A-119.5 for park trailers or the United States
  254  Department of Housing and Urban Development standard for park
  255  trailers certified as meeting that standard; or
  256         (c) The Mobile and Manufactured Home Repair and Remodeling
  257  Code and the Used Recreational Vehicle Code.
  258         Section 11. Subsection (2) of section 320.8232, Florida
  259  Statutes, is amended to read:
  260         320.8232 Establishment of uniform standards for used
  261  recreational vehicles and repair and remodeling code for mobile
  262  homes.—
  263         (2) The Mobile and Manufactured Home provisions of the
  264  Repair and Remodeling Code must be a uniform code, must shall
  265  ensure safe and livable housing, and may shall not be more
  266  stringent than those standards required to be met in the
  267  manufacture of mobile homes. Such code must provisions shall
  268  include, but not be limited to, standards for structural
  269  adequacy, plumbing, heating, electrical systems, and fire and
  270  life safety. All repairs and remodeling of mobile and
  271  manufactured homes must be performed in accordance with
  272  department rules.
  273         Section 12. Subsection (9) of section 367.022, Florida
  274  Statutes, is amended, and subsection (14) is added to that
  275  section, to read:
  276         367.022 Exemptions.—The following are not subject to
  277  regulation by the commission as a utility nor are they subject
  278  to the provisions of this chapter, except as expressly provided:
  279         (9) Any person who resells water service to his or her
  280  tenants or to individually metered residents for a fee that does
  281  not exceed the actual purchase price of the water and wastewater
  282  service plus the actual cost of meter reading and billing, not
  283  to exceed 9 percent of the actual cost of service.
  284         (14) The owner of a mobile home park operating both as a
  285  mobile home park and a mobile home subdivision, as those terms
  286  are defined in s. 723.003, who provides service within the park
  287  and subdivision to a combination of both tenants and lot owners,
  288  provided that the service to tenants is without specific
  289  compensation.
  290         Section 13. Section 420.518, Florida Statutes, is created
  291  to read:
  292         420.518 Fraudulent or material misrepresentation.—
  293         (1) An applicant or affiliate of an applicant may be
  294  precluded from participation in any corporation program if the
  295  applicant or affiliate of the applicant has:
  296         (a) Made a material misrepresentation or engaged in
  297  fraudulent actions in connection with any corporation program.
  298         (b) Been convicted or found guilty of, or entered a plea of
  299  guilty or nolo contendere to, regardless of adjudication, a
  300  crime in any jurisdiction which directly relates to the
  301  financing, construction, or management of affordable housing or
  302  the fraudulent procurement of state or federal funds. The record
  303  of a conviction certified or authenticated in such form as to be
  304  admissible in evidence under the laws of the state shall be
  305  admissible as prima facie evidence of such guilt.
  306         (c) Been excluded from any federal funding program related
  307  to the provision of housing.
  308         (d) Been excluded from any Florida procurement programs.
  309         (e) Offered or given consideration, other than the
  310  consideration to provide affordable housing, with respect to a
  311  local contribution.
  312         (f) Demonstrated a pattern of noncompliance and a failure
  313  to correct any such noncompliance after notice from the
  314  corporation in the construction, operation, or management of one
  315  or more developments funded through a corporation program.
  316         (2) Upon a determination by the board of directors of the
  317  corporation that an applicant or affiliate of the applicant be
  318  precluded from participation in any corporation program, the
  319  board may issue an order taking any or all of the following
  320  actions:
  321         (a) Preclude such applicant or affiliate from applying for
  322  funding from any corporation program for a specified period. The
  323  period may be a specified period of time or permanent in nature.
  324  With regard to establishing the duration, the board shall
  325  consider the facts and circumstances, inclusive of the
  326  compliance history of the applicant or affiliate of the
  327  applicant, the type of action under subsection (1), and the
  328  degree of harm to the corporation’s programs that has been or
  329  may be done.
  330         (b) Revoke any funding previously awarded by the
  331  corporation for any development for which construction or
  332  rehabilitation has not commenced.
  333         (3) Before any order issued under this section can be
  334  final, an administrative complaint must be served on the
  335  applicant, affiliate of the applicant, or its registered agent
  336  that provides notification of findings of the board, the
  337  intended action, and the opportunity to request a proceeding
  338  pursuant to ss. 120.569 and 120.57.
  339         (4) Any funding, allocation of federal housing credits,
  340  credit underwriting procedures, or application review for any
  341  development for which construction or rehabilitation has not
  342  commenced may be suspended by the corporation upon the service
  343  of an administrative complaint on the applicant, affiliate of
  344  the applicant, or its registered agent. The suspension shall be
  345  effective from the date the administrative complaint is served
  346  until an order issued by the corporation in regard to that
  347  complaint becomes final.
  348         Section 14. Paragraph (c) of subsection (6) of section
  349  420.5087, Florida Statutes, is amended, and subsection (10) is
  350  added to that section, to read:
  351         420.5087 State Apartment Incentive Loan Program.—There is
  352  hereby created the State Apartment Incentive Loan Program for
  353  the purpose of providing first, second, or other subordinated
  354  mortgage loans or loan guarantees to sponsors, including for
  355  profit, nonprofit, and public entities, to provide housing
  356  affordable to very-low-income persons.
  357         (6) On all state apartment incentive loans, except loans
  358  made to housing communities for the elderly to provide for
  359  lifesafety, building preservation, health, sanitation, or
  360  security-related repairs or improvements, the following
  361  provisions shall apply:
  362         (c) The corporation shall provide by rule for the
  363  establishment of a review committee for the competitive
  364  evaluation and selection of applications submitted in this
  365  program, including, but not limited to, the following criteria:
  366         1. Tenant income and demographic targeting objectives of
  367  the corporation.
  368         2. Targeting objectives of the corporation which will
  369  ensure an equitable distribution of loans between rural and
  370  urban areas.
  371         3. Sponsor’s agreement to reserve the units for persons or
  372  families who have incomes below 50 percent of the state or local
  373  median income, whichever is higher, for a time period that
  374  exceeds the minimum required by federal law or this part.
  375         4. Sponsor’s agreement to reserve more than:
  376         a. Twenty percent of the units in the project for persons
  377  or families who have incomes that do not exceed 50 percent of
  378  the state or local median income, whichever is higher; or
  379         b. Forty percent of the units in the project for persons or
  380  families who have incomes that do not exceed 60 percent of the
  381  state or local median income, whichever is higher, without
  382  requiring a greater amount of the loans as provided in this
  383  section.
  384         5. Provision for tenant counseling.
  385         6. Sponsor’s agreement to accept rental assistance
  386  certificates or vouchers as payment for rent.
  387         7. Projects requiring the least amount of a state apartment
  388  incentive loan compared to overall project cost, except that the
  389  share of the loan attributable to units serving extremely-low
  390  income persons must be excluded from this requirement.
  391         8. Local government contributions and local government
  392  comprehensive planning and activities that promote affordable
  393  housing and policies that promote access to public
  394  transportation, reduce the need for onsite parking, and expedite
  395  permits for affordable housing projects.
  396         9. Project feasibility.
  397         10. Economic viability of the project.
  398         11. Commitment of first mortgage financing.
  399         12. Sponsor’s prior experience. This criterion may not
  400  require a sponsor to have prior experience with the corporation
  401  to qualify for financing under the program.
  402         13. Sponsor’s ability to proceed with construction.
  403         14. Projects that directly implement or assist welfare-to
  404  work transitioning.
  405         15. Projects that reserve units for extremely-low-income
  406  persons.
  407         16. Projects that include green building principles, storm
  408  resistant construction, or other elements that reduce long-term
  409  costs relating to maintenance, utilities, or insurance.
  410         17. Job-creation rate of the developer and general
  411  contractor, as provided in s. 420.507(47).
  412         (10) The corporation may prioritize a portion of the
  413  program funds set aside under paragraph (3)(d) for persons with
  414  special needs as defined in s. 420.0004(13) to provide funding
  415  for the development of newly constructed permanent rental
  416  housing on a campus that provides housing for persons in foster
  417  care or persons aging out of foster care pursuant to s.
  418  409.1451. Such housing shall promote and facilitate access to
  419  community-based supportive, educational, and employment services
  420  and resources that assist persons aging out of foster care to
  421  successfully transition to independent living and adulthood. The
  422  corporation must consult with the Department of Children and
  423  Families to create minimum criteria for such housing.
  424         Section 15. Section 420.5095, Florida Statutes, is amended
  425  to read:
  426         420.5095 Community Workforce Housing Loan Innovation Pilot
  427  Program.—
  428         (1) The Legislature finds and declares that recent rapid
  429  increases in the median purchase price of a home and the cost of
  430  rental housing have far outstripped the increases in median
  431  income in the state, preventing essential services personnel
  432  from living in the communities where they serve and thereby
  433  creating the need for innovative solutions for the provision of
  434  housing opportunities for essential services personnel.
  435         (2) The Community Workforce Housing Loan Innovation Pilot
  436  Program is created to provide affordable rental and home
  437  ownership community workforce housing for persons essential
  438  services personnel affected by the high cost of housing, using
  439  regulatory incentives and state and local funds to promote local
  440  public-private partnerships and leverage government and private
  441  resources.
  442         (3) For purposes of this section, the term:
  443         (a) “workforce housing” means housing affordable to natural
  444  persons or families whose total annual household income does not
  445  exceed 80 140 percent of the area median income, adjusted for
  446  household size, or 120 150 percent of area median income,
  447  adjusted for household size, in areas of critical state concern
  448  designated under s. 380.05, for which the Legislature has
  449  declared its intent to provide affordable housing, and areas
  450  that were designated as areas of critical state concern for at
  451  least 20 consecutive years before prior to removal of the
  452  designation.
  453         (b) “Public-private partnership” means any form of business
  454  entity that includes substantial involvement of at least one
  455  county, one municipality, or one public sector entity, such as a
  456  school district or other unit of local government in which the
  457  project is to be located, and at least one private sector for
  458  profit or not-for-profit business or charitable entity, and may
  459  be any form of business entity, including a joint venture or
  460  contractual agreement.
  461         (4) The Florida Housing Finance Corporation is authorized
  462  to provide loans under the Community Workforce Housing
  463  Innovation Pilot program loans to applicants an applicant for
  464  construction or rehabilitation of workforce housing in eligible
  465  areas. This funding is intended to be used with other public and
  466  private sector resources.
  467         (5) The corporation shall establish a loan application
  468  process under s. 420.5087 by rule which includes selection
  469  criteria, an application review process, and a funding process.
  470  The corporation shall also establish an application review
  471  committee that may include up to three private citizens
  472  representing the areas of housing or real estate development,
  473  banking, community planning, or other areas related to the
  474  development or financing of workforce and affordable housing.
  475         (a) The selection criteria and application review process
  476  must include a procedure for curing errors in the loan
  477  applications which do not make a substantial change to the
  478  proposed project.
  479         (b) To achieve the goals of the pilot program, the
  480  application review committee may approve or reject loan
  481  applications or responses to questions raised during the review
  482  of an application due to the insufficiency of information
  483  provided.
  484         (c) The application review committee shall make
  485  recommendations concerning program participation and funding to
  486  the corporation’s board of directors.
  487         (d) The board of directors shall approve or reject loan
  488  applications, determine the tentative loan amount available to
  489  each applicant, and rank all approved applications.
  490         (e) The board of directors shall decide which approved
  491  applicants will become program participants and determine the
  492  maximum loan amount for each program participant.
  493         (6) The corporation shall provide incentives for local
  494  governments in eligible areas to use local affordable housing
  495  funds, such as those from the State Housing Initiatives
  496  Partnership Program, to assist in meeting the affordable housing
  497  needs of persons eligible under this program. Local governments
  498  are authorized to use State Housing Initiative Partnership
  499  Program funds for persons or families whose total annual
  500  household income does not exceed:
  501         (a) One hundred and forty percent of the area median
  502  income, adjusted for household size; or
  503         (b) One hundred and fifty percent of the area median
  504  income, adjusted for household size, in areas that were
  505  designated as areas of critical state concern for at least 20
  506  consecutive years prior to the removal of the designation and in
  507  areas of critical state concern, designated under s. 380.05, for
  508  which the Legislature has declared its intent to provide
  509  affordable housing.
  510         (7) Funding shall be targeted to innovative projects in
  511  areas where the disparity between the area median income and the
  512  median sales price for a single-family home is greatest, and
  513  where population growth as a percentage rate of increase is
  514  greatest. The corporation may also fund projects in areas where
  515  innovative regulatory and financial incentives are made
  516  available. The corporation shall fund at least one eligible
  517  project in as many counties and regions of the state as is
  518  practicable, consistent with program goals.
  519         (6)(8) Projects must be given shall receive priority
  520  consideration for funding if where:
  521         (a) the local jurisdiction has adopted, or is committed to
  522  adopting, appropriate regulatory incentives, or the local
  523  jurisdiction or public-private partnership has adopted or is
  524  committed to adopting local contributions or financial
  525  strategies, or other funding sources to promote the development
  526  and ongoing financial viability of such projects. Local
  527  incentives include such actions as expediting review of
  528  development orders and permits, supporting development near
  529  transportation hubs and major employment centers, and adopting
  530  land development regulations designed to allow flexibility in
  531  densities, use of accessory units, mixed-use developments, and
  532  flexible lot configurations. Financial strategies include such
  533  actions as promoting employer-assisted housing programs,
  534  providing tax increment financing, and providing land.
  535         (b) Projects are innovative and include new construction or
  536  rehabilitation; mixed-income housing; commercial and housing
  537  mixed-use elements; innovative design; green building
  538  principles; storm-resistant construction; or other elements that
  539  reduce long-term costs relating to maintenance, utilities, or
  540  insurance and promote homeownership. The program funding may not
  541  exceed the costs attributable to the portion of the project that
  542  is set aside to provide housing for the targeted population.
  543         (c)Projects that set aside at least 80 percent of units
  544  for workforce housing and at least 50 percent for essential
  545  services personnel and for projects that require the least
  546  amount of program funding compared to the overall housing costs
  547  for the project.
  548         (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
  549  government comprehensive plan amendment to implement a Community
  550  Workforce Housing Innovation Pilot Program project found
  551  consistent with this section shall be expedited as provided in
  552  this subsection. At least 30 days prior to adopting a plan
  553  amendment under this subsection, the local government shall
  554  notify the state land planning agency of its intent to adopt
  555  such an amendment, and the notice shall include its evaluation
  556  related to site suitability and availability of facilities and
  557  services. The public notice of the hearing required by s.
  558  163.3184(11)(b)2. shall include a statement that the local
  559  government intends to use the expedited adoption process
  560  authorized by this subsection. Such amendments shall require
  561  only a single public hearing before the governing board, which
  562  shall be an adoption hearing as described in s. 163.3184(4)(e).
  563  Any further proceedings shall be governed by s. 163.3184(5)
  564  (13).
  565         (10) The processing of approvals of development orders or
  566  development permits, as defined in s. 163.3164, for innovative
  567  community workforce housing projects shall be expedited.
  568         (7)(11) The corporation shall award loans with a 1 interest
  569  rates set at 1 to 3 percent interest rate for a term that does
  570  not exceed 15 years, which may be made forgivable when long-term
  571  affordability is provided and when at least 80 percent of the
  572  units are set aside for workforce housing and at least 50
  573  percent of the units are set aside for essential services
  574  personnel.
  575         (12) All eligible applications shall:
  576         (a) For home ownership, limit the sales price of a detached
  577  unit, townhome, or condominium unit to not more than 90 percent
  578  of the median sales price for that type of unit in that county,
  579  or the statewide median sales price for that type of unit,
  580  whichever is higher, and require that all eligible purchasers of
  581  home ownership units occupy the homes as their primary
  582  residence.
  583         (b) For rental units, restrict rents for all workforce
  584  housing serving those with incomes at or below 120 percent of
  585  area median income at the appropriate income level using the
  586  restricted rents for the federal low-income housing tax credit
  587  program and, for workforce housing units serving those with
  588  incomes above 120 percent of area median income, restrict rents
  589  to those established by the corporation, not to exceed 30
  590  percent of the maximum household income adjusted to unit size.
  591         (c) Demonstrate that the applicant is a public-private
  592  partnership in an agreement, contract, partnership agreement,
  593  memorandum of understanding, or other written instrument signed
  594  by all the project partners.
  595         (d) Have grants, donations of land, or contributions from
  596  the public-private partnership or other sources collectively
  597  totaling at least 10 percent of the total development cost or $2
  598  million, whichever is less. Such grants, donations of land, or
  599  contributions must be evidenced by a letter of commitment,
  600  agreement, contract, deed, memorandum of understanding, or other
  601  written instrument at the time of application. Grants, donations
  602  of land, or contributions in excess of 10 percent of the
  603  development cost shall increase the application score.
  604         (e) Demonstrate how the applicant will use the regulatory
  605  incentives and financial strategies outlined in subsection (8)
  606  from the local jurisdiction in which the proposed project is to
  607  be located. The corporation may consult with the Department of
  608  Economic Opportunity in evaluating the use of regulatory
  609  incentives by applicants.
  610         (f) Demonstrate that the applicant possesses title to or
  611  site control of land and evidences availability of required
  612  infrastructure.
  613         (g) Demonstrate the applicant’s affordable housing
  614  development and management experience.
  615         (h) Provide any research or facts available supporting the
  616  demand and need for rental or home ownership workforce housing
  617  for eligible persons in the market in which the project is
  618  proposed.
  619         (13) Projects may include manufactured housing constructed
  620  after June 1994 and installed in accordance with mobile home
  621  installation standards of the Department of Highway Safety and
  622  Motor Vehicles.
  623         (8)(14) The corporation may adopt rules pursuant to ss.
  624  120.536(1) and 120.54 to implement this section.
  625         (15) The corporation may use a maximum of 2 percent of the
  626  annual program appropriation for administration and compliance
  627  monitoring.
  628         (16) The corporation shall review the success of the
  629  Community Workforce Housing Innovation Pilot Program to
  630  ascertain whether the projects financed by the program are
  631  useful in meeting the housing needs of eligible areas and shall
  632  include its findings in the annual report required under s.
  633  420.511(3).
  634         Section 16. Section 420.531, Florida Statutes, is amended
  635  to read:
  636         420.531 Affordable Housing Catalyst Program.—
  637         (1) The corporation shall operate the Affordable Housing
  638  Catalyst Program for the purpose of securing the expertise
  639  necessary to provide specialized technical support to local
  640  governments and community-based organizations to implement the
  641  HOME Investment Partnership Program, State Apartment Incentive
  642  Loan Program, State Housing Initiatives Partnership Program, and
  643  other affordable housing programs. To the maximum extent
  644  feasible, the entity to provide the necessary expertise must be
  645  recognized by the Internal Revenue Service as a nonprofit tax
  646  exempt organization. It must have as its primary mission the
  647  provision of affordable housing training and technical
  648  assistance, an ability to provide training and technical
  649  assistance statewide, and a proven track record of successfully
  650  providing training and technical assistance under the Affordable
  651  Housing Catalyst Program. The technical support shall, at a
  652  minimum, include training relating to the following key elements
  653  of the partnership programs:
  654         (a)(1) Formation of local and regional housing partnerships
  655  as a means of bringing together resources to provide affordable
  656  housing.
  657         (b)(2) Implementation of regulatory reforms to reduce the
  658  risk and cost of developing affordable housing.
  659         (c)(3) Implementation of affordable housing programs
  660  included in local government comprehensive plans.
  661         (d)(4) Compliance with requirements of federally funded
  662  housing programs.
  663         (2) In consultation with the corporation, the entity
  664  providing statewide training and technical assistance shall
  665  convene and administer biannual regional workshops for the
  666  locally elected officials serving on affordable housing advisory
  667  committees as provided in s. 420.9076. The regional workshops
  668  may be conducted through teleconferencing or other technological
  669  means and must include processes and programming that facilitate
  670  peer-to-peer identification and sharing of best affordable
  671  housing practices among the locally elected officials. Annually,
  672  calendar year reports summarizing the deliberations, actions,
  673  and recommendations of each region, as well as the attendance
  674  records of locally elected officials, must be compiled by the
  675  entity providing statewide training and technical assistance for
  676  the Affordable Housing Catalyst Program and must be submitted to
  677  the President of the Senate, the Speaker of the House of
  678  Representatives, and the corporation by March 31 of the
  679  following year.
  680         Section 17. Subsection (2) of section 420.9071, Florida
  681  Statutes, is amended to read:
  682         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  683  term:
  684         (2) “Affordable” means that monthly rents or monthly
  685  mortgage payments including taxes and insurance do not exceed 30
  686  percent of that amount which represents the percentage of the
  687  median annual gross income for the households as indicated in
  688  subsection (19), subsection (20), or subsection (28). However,
  689  it is not the intent to limit an individual household’s ability
  690  to devote more than 30 percent of its income for housing, and
  691  housing for which a household devotes more than 30 percent of
  692  its income shall be deemed affordable if the first institutional
  693  mortgage lender is satisfied that the household can afford
  694  mortgage payments in excess of the 30 percent benchmark. The
  695  term also includes housing provided by a not-for-profit
  696  corporation that derives at least 75 percent of its annual
  697  revenues from contracts or services provided to a state or
  698  federal agency for low-income persons and low-income households;
  699  that provides supportive housing for persons who suffer from
  700  mental health issues, substance abuse, or domestic violence; and
  701  that provides on-premises social and community support services
  702  relating to job training, life skills training, alcohol and
  703  substance abuse disorder, child care, and client case
  704  management.
  705         Section 18. Paragraph (j) is added to subsection (10) of
  706  section 420.9075, Florida Statutes, to read:
  707         420.9075 Local housing assistance plans; partnerships.—
  708         (10) Each county or eligible municipality shall submit to
  709  the corporation by September 15 of each year a report of its
  710  affordable housing programs and accomplishments through June 30
  711  immediately preceding submittal of the report. The report shall
  712  be certified as accurate and complete by the local government’s
  713  chief elected official or his or her designee. Transmittal of
  714  the annual report by a county’s or eligible municipality’s chief
  715  elected official, or his or her designee, certifies that the
  716  local housing incentive strategies, or, if applicable, the local
  717  housing incentive plan, have been implemented or are in the
  718  process of being implemented pursuant to the adopted schedule
  719  for implementation. The report must include, but is not limited
  720  to:
  721         (j) The number of affordable housing applications
  722  submitted, the number approved, and the number denied.
  723         Section 19. Subsections (2) and (4) of section 420.9076,
  724  Florida Statutes, are amended, and subsection (10) is added to
  725  that section, to read:
  726         420.9076 Adoption of affordable housing incentive
  727  strategies; committees.—
  728         (2) The governing board of a county or municipality shall
  729  appoint the members of the affordable housing advisory
  730  committee. Pursuant to the terms of any interlocal agreement, a
  731  county and municipality may create and jointly appoint an
  732  advisory committee. The local action adopted pursuant to s.
  733  420.9072 which creates the advisory committee and appoints the
  734  advisory committee members must name at least 8 but not more
  735  than 11 committee members and specify their terms. Effective
  736  October 1, 2020, the committee must consist of one locally
  737  elected official from each county or municipality participating
  738  in the State Housing Initiatives Partnership Program and one
  739  representative from at least six of the categories below:
  740         (a) A citizen who is actively engaged in the residential
  741  home building industry in connection with affordable housing.
  742         (b) A citizen who is actively engaged in the banking or
  743  mortgage banking industry in connection with affordable housing.
  744         (c) A citizen who is a representative of those areas of
  745  labor actively engaged in home building in connection with
  746  affordable housing.
  747         (d) A citizen who is actively engaged as an advocate for
  748  low-income persons in connection with affordable housing.
  749         (e) A citizen who is actively engaged as a for-profit
  750  provider of affordable housing.
  751         (f) A citizen who is actively engaged as a not-for-profit
  752  provider of affordable housing.
  753         (g) A citizen who is actively engaged as a real estate
  754  professional in connection with affordable housing.
  755         (h) A citizen who actively serves on the local planning
  756  agency pursuant to s. 163.3174. If the local planning agency is
  757  comprised of the governing board of the county or municipality,
  758  the governing board may appoint a designee who is knowledgeable
  759  in the local planning process.
  760         (i) A citizen who resides within the jurisdiction of the
  761  local governing body making the appointments.
  762         (j) A citizen who represents employers within the
  763  jurisdiction.
  764         (k) A citizen who represents essential services personnel,
  765  as defined in the local housing assistance plan.
  766         (4) Annually Triennially, the advisory committee shall
  767  review the established policies and procedures, ordinances, land
  768  development regulations, and adopted local government
  769  comprehensive plan of the appointing local government and shall
  770  recommend specific actions or initiatives to encourage or
  771  facilitate affordable housing while protecting the ability of
  772  the property to appreciate in value. The recommendations may
  773  include the modification or repeal of existing policies,
  774  procedures, ordinances, regulations, or plan provisions; the
  775  creation of exceptions applicable to affordable housing; or the
  776  adoption of new policies, procedures, regulations, ordinances,
  777  or plan provisions, including recommendations to amend the local
  778  government comprehensive plan and corresponding regulations,
  779  ordinances, and other policies. At a minimum, each advisory
  780  committee shall submit an annual a report to the local governing
  781  body and to the entity providing statewide training and
  782  technical assistance for the Affordable Housing Catalyst Program
  783  which that includes recommendations on, and triennially
  784  thereafter evaluates the implementation of, affordable housing
  785  incentives in the following areas:
  786         (a) The processing of approvals of development orders or
  787  permits for affordable housing projects is expedited to a
  788  greater degree than other projects, as provided in s.
  789  163.3177(6)(f)3.
  790         (b) All allowable fee waivers provided The modification of
  791  impact-fee requirements, including reduction or waiver of fees
  792  and alternative methods of fee payment for the development or
  793  construction of affordable housing.
  794         (c) The allowance of flexibility in densities for
  795  affordable housing.
  796         (d) The reservation of infrastructure capacity for housing
  797  for very-low-income persons, low-income persons, and moderate
  798  income persons.
  799         (e) The allowance of Affordable accessory residential units
  800  in residential zoning districts.
  801         (f) The reduction of parking and setback requirements for
  802  affordable housing.
  803         (g) The allowance of flexible lot configurations, including
  804  zero-lot-line configurations for affordable housing.
  805         (h) The modification of street requirements for affordable
  806  housing.
  807         (i) The establishment of a process by which a local
  808  government considers, before adoption, policies, procedures,
  809  ordinances, regulations, or plan provisions that increase the
  810  cost of housing.
  811         (j) The preparation of a printed inventory of locally owned
  812  public lands suitable for affordable housing.
  813         (k) The support of development near transportation hubs and
  814  major employment centers and mixed-use developments.
  816  The advisory committee recommendations may also include other
  817  affordable housing incentives identified by the advisory
  818  committee. Local governments that receive the minimum allocation
  819  under the State Housing Initiatives Partnership Program shall
  820  perform an the initial review but may elect to not perform the
  821  annual triennial review.
  822         (10) The locally elected official serving on an advisory
  823  committee, or a locally elected designee, must attend biannual
  824  regional workshops convened and administered under the
  825  Affordable Housing Catalyst Program as provided in s.
  826  420.531(2). If the locally elected official or a locally elected
  827  designee fails to attend three consecutive regional workshops,
  828  the corporation may withhold funds pending the person’s
  829  attendance at the next regularly scheduled biannual meeting.
  830         Section 20. Subsection (18) of section 553.791, Florida
  831  Statutes, is amended to read:
  832         553.791 Alternative plans review and inspection.—
  833         (18) Each local building code enforcement agency may audit
  834  the performance of building code inspection services by private
  835  providers operating within the local jurisdiction. However, the
  836  same private provider may not be audited more than four times in
  837  a month calendar year unless the local building official
  838  determines a condition of a building constitutes an immediate
  839  threat to public safety and welfare. Work on a building or
  840  structure may proceed after inspection and approval by a private
  841  provider if the provider has given notice of the inspection
  842  pursuant to subsection (9) and, subsequent to such inspection
  843  and approval, the work shall not be delayed for completion of an
  844  inspection audit by the local building code enforcement agency.
  845         Section 21. Subsection (4) of section 723.011, Florida
  846  Statutes, is amended to read:
  847         723.011 Disclosure prior to rental of a mobile home lot;
  848  prospectus, filing, approval.—
  849         (4) With regard to a tenancy in existence on the effective
  850  date of this chapter, the prospectus or offering circular
  851  offered by the mobile home park owner must shall contain the
  852  same terms and conditions as rental agreements offered to all
  853  other mobile home owners residing in the park on the effective
  854  date of this act, excepting only rent variations based upon lot
  855  location and size, and may shall not require any mobile home
  856  owner to install any permanent improvements, except that the
  857  mobile home owner may be required to install permanent
  858  improvements to the mobile home as disclosed in the prospectus.
  859         Section 22. Subsection (5) of section 723.012, Florida
  860  Statutes, is amended to read:
  861         723.012 Prospectus or offering circular.—The prospectus or
  862  offering circular, which is required to be provided by s.
  863  723.011, must contain the following information:
  864         (5) A description of the recreational and other common
  865  facilities, if any, that will be used by the mobile home owners,
  866  including, but not limited to:
  867         (a) The number of buildings and each room thereof and its
  868  intended purposes, location, approximate floor area, and
  869  capacity in numbers of people.
  870         (b) Each swimming pool, as to its general location,
  871  approximate size and depths, and approximate deck size and
  872  capacity and whether heated.
  873         (c) All other facilities and permanent improvements that
  874  which will serve the mobile home owners.
  875         (d) A general description of the items of personal property
  876  available for use by the mobile home owners.
  877         (e) A general description of the days and hours that
  878  facilities will be available for use.
  879         (f) A statement as to whether all improvements are complete
  880  and, if not, their estimated completion dates.
  882  If a mobile home park owner intends to include additional
  883  property and mobile home lots and to increase the number of lots
  884  that will use the shared facilities of the park, the mobile home
  885  park owner must amend the prospectus to disclose such additions.
  886  If the number of mobile home lots in the park increases by more
  887  than 15 percent of the total number of lots in the original
  888  prospectus, the mobile home park owner must reasonably offset
  889  the impact of the additional lots by increasing the shared
  890  facilities. The amendment to the prospectus must include a
  891  reasonable timeframe for providing the required additional
  892  shared facilities. The costs and expenses necessary to increase
  893  the shared facilities may not be passed on or passed through to
  894  the existing mobile home owners.
  895         Section 23. Section 723.023, Florida Statutes, is amended
  896  to read:
  897         723.023 Mobile home owner’s general obligations.—A mobile
  898  home owner shall at all times:
  899         (1) At all times comply with all obligations imposed on
  900  mobile home owners by applicable provisions of building,
  901  housing, and health codes, including compliance with all
  902  building permits and construction requirements for construction
  903  on the mobile home and lot. The home owner is responsible for
  904  all fines imposed by the local government for noncompliance with
  905  any local codes.
  906         (2) At all times keep the mobile home lot that which he or
  907  she occupies clean, neat, and sanitary, and maintained in
  908  compliance with all local codes.
  909         (3) At all times comply with properly promulgated park
  910  rules and regulations and require other persons on the premises
  911  with his or her consent to comply with such rules and to conduct
  912  themselves, and other persons on the premises with his or her
  913  consent, in a manner that does not unreasonably disturb other
  914  residents of the park or constitute a breach of the peace.
  915         (4)Receive written approval from the mobile home park
  916  owner before making any exterior modification or addition to the
  917  home.
  918         (5)When vacating the premises, remove any debris and other
  919  property of any kind which is left on the mobile home lot.
  920         Section 24. Subsection (5) of section 723.031, Florida
  921  Statutes, is amended to read:
  922         723.031 Mobile home lot rental agreements.—
  923         (5) The rental agreement must shall contain the lot rental
  924  amount and services included. An increase in lot rental amount
  925  upon expiration of the term of the lot rental agreement must
  926  shall be in accordance with ss. 723.033 and 723.037 or s.
  927  723.059(4), whichever is applicable;, provided that, pursuant to
  928  s. 723.059(4), the amount of the lot rental increase is
  929  disclosed and agreed to by the purchaser, in writing. An
  930  increase in lot rental amount shall not be arbitrary or
  931  discriminatory between similarly situated tenants in the park. A
  932  lot rental amount may not be increased during the term of the
  933  lot rental agreement, except:
  934         (a) When the manner of the increase is disclosed in a lot
  935  rental agreement with a term exceeding 12 months and which
  936  provides for such increases not more frequently than annually.
  937         (b) For pass-through charges as defined in s. 723.003.
  938         (c) That a charge may not be collected which results in
  939  payment of money for sums previously collected as part of the
  940  lot rental amount. The provisions hereof notwithstanding, the
  941  mobile home park owner may pass on, at any time during the term
  942  of the lot rental agreement, ad valorem property taxes, non-ad
  943  valorem assessments, and utility charges, or increases of
  944  either, provided that the ad valorem property taxes, non-ad
  945  valorem assessments, and utility charges are not otherwise being
  946  collected in the remainder of the lot rental amount and provided
  947  further that the passing on of such ad valorem taxes, non-ad
  948  valorem assessments, or utility charges, or increases of either,
  949  was disclosed prior to tenancy, was being passed on as a matter
  950  of custom between the mobile home park owner and the mobile home
  951  owner, or such passing on was authorized by law. A park owner is
  952  deemed to have disclosed the passing on of ad valorem property
  953  taxes and non-ad valorem assessments if ad valorem property
  954  taxes or non-ad valorem assessments were disclosed as a separate
  955  charge or a factor for increasing the lot rental amount in the
  956  prospectus or rental agreement. Such ad valorem taxes, non-ad
  957  valorem assessments, and utility charges shall be a part of the
  958  lot rental amount as defined by this chapter. The term “non-ad
  959  valorem assessments” has the same meaning as provided in s.
  960  197.3632(1)(d). Other provisions of this chapter
  961  notwithstanding, pass-on charges may be passed on only within 1
  962  year of the date a mobile home park owner remits payment of the
  963  charge. A mobile home park owner is prohibited from passing on
  964  any fine, interest, fee, or increase in a charge resulting from
  965  a park owner’s payment of the charge after the date such charges
  966  become delinquent. A mobile home park owner is prohibited from
  967  charging or collecting from the mobile home owners any sum for
  968  ad valorem taxes or non-ad valorem tax charges in an amount in
  969  excess of the sums remitted by the park owner to the tax
  970  collector. Nothing herein shall prohibit a park owner and a
  971  homeowner from mutually agreeing to an alternative manner of
  972  payment to the park owner of the charges.
  973         (d) If a notice of increase in lot rental amount is not
  974  given 90 days before the renewal date of the rental agreement,
  975  the rental agreement must remain under the same terms until a
  976  90-day notice of increase in lot rental amount is given. The
  977  notice may provide for a rental term shorter than 1 year in
  978  order to maintain the same renewal date.
  979         Section 25. Subsection (1) and paragraph (a) of subsection
  980  (4) of section 723.037, Florida Statutes, are amended to read:
  981         723.037 Lot rental increases; reduction in services or
  982  utilities; change in rules and regulations; mediation.—
  983         (1) A park owner shall give written notice to each affected
  984  mobile home owner and the board of directors of the homeowners’
  985  association, if one has been formed, at least 90 days before any
  986  increase in lot rental amount or reduction in services or
  987  utilities provided by the park owner or change in rules and
  988  regulations. The park owner may give notice of all increases in
  989  lot rental amount for multiple anniversary dates in the same 90
  990  day notice. The notice must shall identify all other affected
  991  homeowners, which may be by lot number, name, group, or phase.
  992  If the affected homeowners are not identified by name, the park
  993  owner shall make the names and addresses available upon request.
  994  However, this requirement does not authorize the release of the
  995  names, addresses, or other private information about the
  996  homeowners to the association or any other person for any other
  997  purpose. The home owner’s right to the 90-day notice may not be
  998  waived or precluded by a home owner, or the homeowners’
  999  committee, in an agreement with the park owner. Rules adopted as
 1000  a result of restrictions imposed by governmental entities and
 1001  required to protect the public health, safety, and welfare may
 1002  be enforced prior to the expiration of the 90-day period but are
 1003  not otherwise exempt from the requirements of this chapter.
 1004  Pass-through charges must be separately listed as to the amount
 1005  of the charge, the name of the governmental entity mandating the
 1006  capital improvement, and the nature or type of the pass-through
 1007  charge being levied. Notices of increase in the lot rental
 1008  amount due to a pass-through charge must shall state the
 1009  additional payment and starting and ending dates of each pass
 1010  through charge. The homeowners’ association shall have no
 1011  standing to challenge the increase in lot rental amount,
 1012  reduction in services or utilities, or change of rules and
 1013  regulations unless a majority of the affected homeowners agree,
 1014  in writing, to such representation.
 1015         (4)(a) A committee, not to exceed five in number,
 1016  designated by a majority of the affected mobile home owners or
 1017  by the board of directors of the homeowners’ association, if
 1018  applicable, and the park owner shall meet, at a mutually
 1019  convenient time and place no later than 60 days before the
 1020  effective date of the change to discuss the reasons for the
 1021  increase in lot rental amount, reduction in services or
 1022  utilities, or change in rules and regulations. The negotiating
 1023  committee shall make a written request for a meeting with the
 1024  park owner or subdivision developer to discuss those matters
 1025  addressed in the 90-day notice, and may include in the request a
 1026  listing of any other issue, with supporting documentation, that
 1027  the committee intends to raise and discuss at the meeting. The
 1028  committee shall address all lot rental amount increases that are
 1029  specified in the notice of lot rental amount increase,
 1030  regardless of the effective date of the increase.
 1032  This subsection is not intended to be enforced by civil or
 1033  administrative action. Rather, the meetings and discussions are
 1034  intended to be in the nature of settlement discussions prior to
 1035  the parties proceeding to mediation of any dispute.
 1036         Section 26. Subsections (5) and (6) are added to section
 1037  723.041, Florida Statutes, to read:
 1038         723.041 Entrance fees; refunds; exit fees prohibited;
 1039  replacement homes.—
 1040         (5) A mobile home park that is damaged or destroyed due to
 1041  wind, water, or other natural force may be rebuilt on the same
 1042  site with the same density as was approved, permitted, and built
 1043  before the park was damaged or destroyed.
 1044         (6) This section does not limit the regulation of the
 1045  uniform firesafety standards established under s. 633.206, but
 1046  supersedes any other density, separation, setback, or lot size
 1047  regulation adopted after initial permitting and construction of
 1048  the mobile home park.
 1049         Section 27. Section 723.042, Florida Statutes, is amended
 1050  to read:
 1051         723.042 Provision of improvements.—A No person may not
 1052  shall be required by a mobile home park owner or developer, as a
 1053  condition of residence in the mobile home park, to provide any
 1054  improvement unless the requirement is disclosed pursuant to s.
 1055  723.012(7) s. 723.011 prior to occupancy in the mobile home
 1056  park.
 1057         Section 28. Section 723.059, Florida Statutes, is amended
 1058  to read:
 1059         723.059 Rights of Purchaser of a mobile home within a
 1060  mobile home park.—
 1061         (1) The purchaser of a mobile home within a mobile home
 1062  park may become a tenant of the park if such purchaser would
 1063  otherwise qualify with the requirements of entry into the park
 1064  under the park rules and regulations, subject to the approval of
 1065  the park owner, but such approval may not be unreasonably
 1066  withheld. The purchaser of the mobile home may cancel or rescind
 1067  the contract for purchase of the mobile home if the purchaser’s
 1068  tenancy has not been approved by the park owner 5 days before
 1069  the closing of the purchase.
 1070         (2) Properly promulgated rules may provide for the
 1071  screening of any prospective purchaser to determine whether or
 1072  not such purchaser is qualified to become a tenant of the park.
 1073         (3) The purchaser of a mobile home who intends to become
 1074  becomes a resident of the mobile home park in accordance with
 1075  this section has the right to assume the remainder of the term
 1076  of any rental agreement then in effect between the mobile home
 1077  park owner and the seller and may assume the seller’s
 1078  prospectus. However, nothing herein shall prohibit a mobile home
 1079  park owner from offering the purchaser of a mobile home any
 1080  approved prospectus shall be entitled to rely on the terms and
 1081  conditions of the prospectus or offering circular as delivered
 1082  to the initial recipient.
 1083         (4) However, nothing herein shall be construed to prohibit
 1084  a mobile home park owner from increasing the rental amount to be
 1085  paid by the purchaser upon the expiration of the assumed rental
 1086  agreement in an amount deemed appropriate by the mobile home
 1087  park owner, so long as such increase is disclosed to the
 1088  purchaser prior to his or her occupancy and is imposed in a
 1089  manner consistent with the purchaser’s initial offering circular
 1090  or prospectus and this act.
 1091         (5) Lifetime leases and the renewal provisions in
 1092  automatically renewable leases, both those existing and those
 1093  entered into after July 1, 1986, are not assumable unless
 1094  otherwise provided in the mobile home lot rental agreement or
 1095  unless the transferee is the home owner’s spouse. The right to
 1096  an assumption of the lease by a spouse may be exercised only one
 1097  time during the term of that lease.
 1098         Section 29. Paragraph (d) of subsection (1) of section
 1099  723.061, Florida Statutes, is amended, and subsection (5) is
 1100  added to that section, to read:
 1101         723.061 Eviction; grounds, proceedings.—
 1102         (1) A mobile home park owner may evict a mobile home owner,
 1103  a mobile home tenant, a mobile home occupant, or a mobile home
 1104  only on one or more of the following grounds:
 1105         (d) Change in use of the land comprising the mobile home
 1106  park, or the portion thereof from which mobile homes are to be
 1107  evicted, from mobile home lot rentals to some other use, if:
 1108         1. The park owner gives written notice to the homeowners’
 1109  association formed and operating under ss. 723.075-723.079 of
 1110  its right to purchase the mobile home park, if the land
 1111  comprising the mobile home park is changing use from mobile home
 1112  lot rentals to a different use, at the price and under the terms
 1113  and conditions set forth in the written notice.
 1114         a. The notice shall be delivered to the officers of the
 1115  homeowners’ association by United States mail. Within 45 days
 1116  after the date of mailing of the notice, the homeowners’
 1117  association may execute and deliver a contract to the park owner
 1118  to purchase the mobile home park at the price and under the
 1119  terms and conditions set forth in the notice. If the contract
 1120  between the park owner and the homeowners’ association is not
 1121  executed and delivered to the park owner within the 45-day
 1122  period, the park owner is under no further obligation to the
 1123  homeowners’ association except as provided in sub-subparagraph
 1124  b.
 1125         b. If the park owner elects to offer or sell the mobile
 1126  home park at a price lower than the price specified in her or
 1127  his initial notice to the officers of the homeowners’
 1128  association, the homeowners’ association has an additional 10
 1129  days to meet the revised price, terms, and conditions of the
 1130  park owner by executing and delivering a revised contract to the
 1131  park owner.
 1132         c. The park owner is not obligated under this subparagraph
 1133  or s. 723.071 to give any other notice to, or to further
 1134  negotiate with, the homeowners’ association for the sale of the
 1135  mobile home park to the homeowners’ association after 6 months
 1136  after the date of the mailing of the initial notice under sub
 1137  subparagraph a.
 1138         2. The park owner gives the affected mobile home owners and
 1139  tenants at least 6 months’ notice of the eviction due to the
 1140  projected change in use and of their need to secure other
 1141  accommodations. Within 20 days after giving an eviction notice
 1142  to a mobile home owner, the park owner must provide the division
 1143  with a copy of the notice. The division must provide the
 1144  executive director of the Florida Mobile Home Relocation
 1145  Corporation with a copy of the notice.
 1146         a. The notice of eviction due to a change in use of the
 1147  land must include in a font no smaller than the body of the
 1148  notice the following statement:
 1156         b. The park owner may not give a notice of increase in lot
 1157  rental amount within 90 days before giving notice of a change in
 1158  use.
 1159         (5)A park owner who accepts payment of any portion of the
 1160  lot rental amount with actual knowledge of noncompliance after
 1161  notice and termination of the rental agreement due to a
 1162  violation under paragraph (1)(b), paragraph (1)(c), or paragraph
 1163  (1)(e) does not waive the right to terminate the rental
 1164  agreement or the right to bring a civil action for the
 1165  noncompliance, but not for any subsequent or continuing
 1166  noncompliance. Any rent so received must be accounted for at the
 1167  final hearing.
 1168         Section 30. Subsection (1) of section 723.076, Florida
 1169  Statutes, is amended to read:
 1170         723.076 Incorporation; notification of park owner.—
 1171         (1) Upon receipt of its certificate of incorporation, the
 1172  homeowners’ association shall notify the park owner in writing
 1173  of such incorporation and shall advise the park owner of the
 1174  names and addresses of the officers of the homeowners’
 1175  association by personal delivery upon the park owner’s
 1176  representative as designated in the prospectus or by certified
 1177  mail, return receipt requested. Thereafter, the homeowners’
 1178  association shall notify the park owner in writing by certified
 1179  mail, return receipt requested, of any change of names and
 1180  addresses of its president or registered agent. Upon election or
 1181  appointment of new officers or board members, the homeowners’
 1182  association shall notify the park owner in writing by certified
 1183  mail, return receipt requested, of the names and addresses of
 1184  the new officers or board members.
 1185         Section 31. Paragraphs (b) through (e) of subsection (2) of
 1186  section 723.078, Florida Statutes, are amended, and paragraph
 1187  (i) of that subsection is reenacted, to read:
 1188         723.078 Bylaws of homeowners’ associations.—
 1189         (2) The bylaws shall provide and, if they do not, shall be
 1190  deemed to include, the following provisions:
 1191         (b) Quorum; voting requirements; proxies.—
 1192         1. Unless otherwise provided in the bylaws, 30 percent of
 1193  the total membership is required to constitute a quorum.
 1194  Decisions shall be made by a majority of members represented at
 1195  a meeting at which a quorum is present.
 1196         2.a. A member may not vote by general proxy but may vote by
 1197  limited proxies substantially conforming to a limited proxy form
 1198  adopted by the division. Limited proxies and general proxies may
 1199  be used to establish a quorum. Limited proxies may be used for
 1200  votes taken to amend the articles of incorporation or bylaws
 1201  pursuant to this section, and any other matters for which this
 1202  chapter requires or permits a vote of members. A, except that no
 1203  proxy, limited or general, may not be used in the election of
 1204  board members in general elections or elections to fill
 1205  vacancies caused by recall, resignation, or otherwise. Board
 1206  members must be elected by written ballot or by voting in
 1207  person. If a mobile home or subdivision lot is owned jointly,
 1208  the owners of the mobile home or subdivision lot must be counted
 1209  as one for the purpose of determining the number of votes
 1210  required for a majority. Only one vote per mobile home or
 1211  subdivision lot shall be counted. Any number greater than 50
 1212  percent of the total number of votes constitutes a majority.
 1213  Notwithstanding this section, members may vote in person at
 1214  member meetings or by secret ballot, including absentee ballots,
 1215  as defined by the division.
 1216         b.Elections shall be decided by a plurality of the ballots
 1217  cast. There is no quorum requirement; however, at least 20
 1218  percent of the eligible voters must cast a ballot in order to
 1219  have a valid election. A member may not allow any other person
 1220  to cast his or her ballot, and any ballots improperly cast are
 1221  invalid. An election is not required unless there are more
 1222  candidates nominated than vacancies that exist on the board.
 1223         c.Each member or other eligible person who desires to be a
 1224  candidate for the board of directors shall appear on the ballot
 1225  in alphabetical order by surname. A ballot may not indicate if
 1226  any of the candidates are incumbent on the board. All ballots
 1227  must be uniform in appearance. Write-in candidates and more than
 1228  one vote per candidate per ballot are not allowed. A ballot may
 1229  not provide a space for the signature of, or any other means of
 1230  identifying, a voter. If a ballot contains more votes than
 1231  vacancies or fewer votes than vacancies, the ballot is invalid
 1232  unless otherwise stated in the bylaws.
 1233         d.An impartial committee shall be responsible for
 1234  overseeing the election process and complying with all ballot
 1235  requirements. For purposes of this section, the term “impartial
 1236  committee” means a committee whose members do not include any of
 1237  the following people or their spouses:
 1238         (I)Current board members.
 1239         (II)Current association officers.
 1240         (III)Candidates for the association or board.
 1241         e.The association bylaws shall provide a method for
 1242  determining the winner of an election in which two or more
 1243  candidates for the same position receive the same number of
 1244  votes.
 1245         f.The division shall adopt procedural rules to govern
 1246  elections, including, but not limited to, rules for providing
 1247  notice by electronic transmission and rules for maintaining the
 1248  secrecy of ballots.
 1249         3. A proxy is effective only for the specific meeting for
 1250  which originally given and any lawfully adjourned meetings
 1251  thereof. In no event shall any proxy be valid for a period
 1252  longer than 90 days after the date of the first meeting for
 1253  which it was given. Every proxy shall be revocable at any time
 1254  at the pleasure of the member executing it.
 1255         4. A member of the board of directors or a committee may
 1256  submit in writing his or her agreement or disagreement with any
 1257  action taken at a meeting that the member did not attend. This
 1258  agreement or disagreement may not be used as a vote for or
 1259  against the action taken and may not be used for the purposes of
 1260  creating a quorum.
 1261         (c) Board of directors’ and committee meetings.—
 1262         1. Meetings of the board of directors and meetings of its
 1263  committees at which a quorum is present shall be open to all
 1264  members. Notwithstanding any other provision of law, the
 1265  requirement that board meetings and committee meetings be open
 1266  to the members does not apply to meetings between the park owner
 1267  and the board of directors or any of the board’s committees,
 1268  board or committee meetings held for the purpose of discussing
 1269  personnel matters, or meetings between the board or a committee
 1270  and the association’s attorney, with respect to potential or
 1271  pending litigation, when where the meeting is held for the
 1272  purpose of seeking or rendering legal advice, and when where the
 1273  contents of the discussion would otherwise be governed by the
 1274  attorney-client privilege. Notice of all meetings open to
 1275  members shall be posted in a conspicuous place upon the park
 1276  property at least 48 hours in advance, except in an emergency.
 1277  Notice of any meeting in which dues assessments against members
 1278  are to be considered for any reason shall specifically contain a
 1279  statement that dues assessments will be considered and the
 1280  nature of such dues assessments.
 1281         2. A board or committee member’s participation in a meeting
 1282  via telephone, real-time videoconferencing, or similar real-time
 1283  telephonic, electronic, or video communication counts toward a
 1284  quorum, and such member may vote as if physically present. A
 1285  speaker shall be used so that the conversation of those board or
 1286  committee members attending by telephone may be heard by the
 1287  board or committee members attending in person, as well as by
 1288  members present at a meeting.
 1289         3. Members of the board of directors may use e-mail as a
 1290  means of communication but may not cast a vote on an association
 1291  matter via e-mail.
 1292         4. The right to attend meetings of the board of directors
 1293  and its committees includes the right to speak at such meetings
 1294  with reference to all designated agenda items. The association
 1295  may adopt reasonable written rules governing the frequency,
 1296  duration, and manner of members’ statements. Any item not
 1297  included on the notice may be taken up on an emergency basis by
 1298  at least a majority plus one of the members of the board. Such
 1299  emergency action shall be noticed and ratified at the next
 1300  regular meeting of the board. Any member may tape record or
 1301  videotape meetings of the board of directors and its committees,
 1302  except meetings between the board of directors or its appointed
 1303  homeowners’ committee and the park owner. The division shall
 1304  adopt reasonable rules governing the tape recording and
 1305  videotaping of the meeting.
 1306         5. Except as provided in paragraph (i), a vacancy occurring
 1307  on the board of directors may be filled by the affirmative vote
 1308  of the majority of the remaining directors, even though the
 1309  remaining directors constitute less than a quorum; by the sole
 1310  remaining director; if the vacancy is not so filled or if no
 1311  director remains, by the members; or, on the application of any
 1312  person, by the circuit court of the county in which the
 1313  registered office of the corporation is located.
 1314         6. The term of a director elected or appointed to fill a
 1315  vacancy expires at the next annual meeting at which directors
 1316  are elected. A directorship to be filled by reason of an
 1317  increase in the number of directors may be filled by the board
 1318  of directors, but only for the term of office continuing until
 1319  the next election of directors by the members.
 1320         7. A vacancy that will occur at a specific later date, by
 1321  reason of a resignation effective at a later date, may be filled
 1322  before the vacancy occurs. However, the new director may not
 1323  take office until the vacancy occurs.
 1324         8.a. The officers and directors of the association have a
 1325  fiduciary relationship to the members.
 1326         b. A director and committee member shall discharge his or
 1327  her duties in good faith, with the care an ordinarily prudent
 1328  person in a like position would exercise under similar
 1329  circumstances, and in a manner he or she reasonably believes to
 1330  be in the best interests of the corporation.
 1331         9. In discharging his or her duties, a director may rely on
 1332  information, opinions, reports, or statements, including
 1333  financial statements and other financial data, if prepared or
 1334  presented by:
 1335         a. One or more officers or employees of the corporation who
 1336  the director reasonably believes to be reliable and competent in
 1337  the matters presented;
 1338         b. Legal counsel, public accountants, or other persons as
 1339  to matters the director reasonably believes are within the
 1340  persons’ professional or expert competence; or
 1341         c. A committee of the board of directors of which he or she
 1342  is not a member if the director reasonably believes the
 1343  committee merits confidence.
 1344         10. A director is not acting in good faith if he or she has
 1345  knowledge concerning the matter in question that makes reliance
 1346  otherwise permitted by subparagraph 9. unwarranted.
 1347         11. A director is not liable for any action taken as a
 1348  director, or any failure to take any action, if he or she
 1349  performed the duties of his or her office in compliance with
 1350  this section.
 1351         (d) Member meetings.—Members shall meet at least once each
 1352  calendar year, and the meeting shall be the annual meeting. All
 1353  members of the board of directors shall be elected at the annual
 1354  meeting unless the bylaws provide for staggered election terms
 1355  or for their election at another meeting. The bylaws shall not
 1356  restrict any member desiring to be a candidate for board
 1357  membership from being nominated from the floor. All nominations
 1358  from the floor must be made at a duly noticed meeting of the
 1359  members held at least 27 30 days before the annual meeting. The
 1360  bylaws shall provide the method for calling the meetings of the
 1361  members, including annual meetings. The method shall provide at
 1362  least 14 days’ written notice to each member in advance of the
 1363  meeting and require the posting in a conspicuous place on the
 1364  park property of a notice of the meeting at least 14 days prior
 1365  to the meeting. The right to receive written notice of
 1366  membership meetings may be waived in writing by a member. Unless
 1367  waived, the notice of the annual meeting shall be mailed, hand
 1368  delivered, or electronically transmitted to each member, and
 1369  shall constitute notice. Unless otherwise stated in the bylaws,
 1370  an officer of the association shall provide an affidavit
 1371  affirming that the notices were mailed, or hand delivered, or
 1372  provided by electronic transmission in accordance with the
 1373  provisions of this section to each member at the address last
 1374  furnished to the corporation. These meeting requirements do not
 1375  prevent members from waiving notice of meetings or from acting
 1376  by written agreement without meetings, if allowed by the bylaws.
 1377         (e) Minutes of meetings.—
 1378         1. Notwithstanding any other provision of law, the minutes
 1379  of board or committee meetings that are closed to members are
 1380  privileged and confidential and are not available for inspection
 1381  or photocopying.
 1382         2. Minutes of all meetings of members of an association and
 1383  meetings open to members of, the board of directors, and a
 1384  committee of the board must be maintained in written form and
 1385  approved by the members, board, or committee, as applicable. A
 1386  vote or abstention from voting on each matter voted upon for
 1387  each director present at a board meeting must be recorded in the
 1388  minutes.
 1389         3.2. All approved minutes of open meetings of members,
 1390  committees, and the board of directors shall be kept in a
 1391  businesslike manner and shall be available for inspection by
 1392  members, or their authorized representatives, and board members
 1393  at reasonable times. The association shall retain these minutes
 1394  within this state for a period of at least 5 7 years.
 1395         (i) Recall of board members.—Any member of the board of
 1396  directors may be recalled and removed from office with or
 1397  without cause by the vote of or agreement in writing by a
 1398  majority of all members. A special meeting of the members to
 1399  recall a member or members of the board of directors may be
 1400  called by 10 percent of the members giving notice of the meeting
 1401  as required for a meeting of members, and the notice shall state
 1402  the purpose of the meeting. Electronic transmission may not be
 1403  used as a method of giving notice of a meeting called in whole
 1404  or in part for this purpose.
 1405         1. If the recall is approved by a majority of all members
 1406  by a vote at a meeting, the recall is effective as provided in
 1407  this paragraph. The board shall duly notice and hold a board
 1408  meeting within 5 full business days after the adjournment of the
 1409  member meeting to recall one or more board members. At the
 1410  meeting, the board shall either certify the recall, in which
 1411  case such member or members shall be recalled effective
 1412  immediately and shall turn over to the board within 5 full
 1413  business days any and all records and property of the
 1414  association in their possession, or shall proceed under
 1415  subparagraph 3.
 1416         2. If the proposed recall is by an agreement in writing by
 1417  a majority of all members, the agreement in writing or a copy
 1418  thereof shall be served on the association by certified mail or
 1419  by personal service in the manner authorized by chapter 48 and
 1420  the Florida Rules of Civil Procedure. The board of directors
 1421  shall duly notice and hold a meeting of the board within 5 full
 1422  business days after receipt of the agreement in writing. At the
 1423  meeting, the board shall either certify the written agreement to
 1424  recall members of the board, in which case such members shall be
 1425  recalled effective immediately and shall turn over to the board,
 1426  within 5 full business days, any and all records and property of
 1427  the association in their possession, or shall proceed as
 1428  described in subparagraph 3.
 1429         3. If the board determines not to certify the written
 1430  agreement to recall members of the board, or does not certify
 1431  the recall by a vote at a meeting, the board shall, within 5
 1432  full business days after the board meeting, file with the
 1433  division a petition for binding arbitration pursuant to the
 1434  procedures of s. 723.1255. For purposes of this paragraph, the
 1435  members who voted at the meeting or who executed the agreement
 1436  in writing shall constitute one party under the petition for
 1437  arbitration. If the arbitrator certifies the recall of a member
 1438  of the board, the recall shall be effective upon mailing of the
 1439  final order of arbitration to the association. If the
 1440  association fails to comply with the order of the arbitrator,
 1441  the division may take action under s. 723.006. A member so
 1442  recalled shall deliver to the board any and all records and
 1443  property of the association in the member’s possession within 5
 1444  full business days after the effective date of the recall.
 1445         4. If the board fails to duly notice and hold a board
 1446  meeting within 5 full business days after service of an
 1447  agreement in writing or within 5 full business days after the
 1448  adjournment of the members’ recall meeting, the recall shall be
 1449  deemed effective and the board members so recalled shall
 1450  immediately turn over to the board all records and property of
 1451  the association.
 1452         5. If the board fails to duly notice and hold the required
 1453  meeting or fails to file the required petition, the member’s
 1454  representative may file a petition pursuant to s. 723.1255
 1455  challenging the board’s failure to act. The petition must be
 1456  filed within 60 days after expiration of the applicable 5-full
 1457  business-day period. The review of a petition under this
 1458  subparagraph is limited to the sufficiency of service on the
 1459  board and the facial validity of the written agreement or
 1460  ballots filed.
 1461         6. If a vacancy occurs on the board as a result of a recall
 1462  and less than a majority of the board members are removed, the
 1463  vacancy may be filled by the affirmative vote of a majority of
 1464  the remaining directors, notwithstanding any other provision of
 1465  this chapter. If vacancies occur on the board as a result of a
 1466  recall and a majority or more of the board members are removed,
 1467  the vacancies shall be filled in accordance with procedural
 1468  rules to be adopted by the division, which rules need not be
 1469  consistent with this chapter. The rules must provide procedures
 1470  governing the conduct of the recall election as well as the
 1471  operation of the association during the period after a recall
 1472  but before the recall election.
 1473         7. A board member who has been recalled may file a petition
 1474  pursuant to s. 723.1255 challenging the validity of the recall.
 1475  The petition must be filed within 60 days after the recall is
 1476  deemed certified. The association and the member’s
 1477  representative shall be named as the respondents.
 1478         8. The division may not accept for filing a recall
 1479  petition, whether or not filed pursuant to this subsection, and
 1480  regardless of whether the recall was certified, when there are
 1481  60 or fewer days until the scheduled reelection of the board
 1482  member sought to be recalled or when 60 or fewer days have not
 1483  elapsed since the election of the board member sought to be
 1484  recalled.
 1485         Section 32. Paragraphs (d) and (f) through (i) of
 1486  subsection (4) and subsection (5) of section 723.079, Florida
 1487  Statutes, are amended to read:
 1488         723.079 Powers and duties of homeowners’ association.—
 1489         (4) The association shall maintain the following items,
 1490  when applicable, which constitute the official records of the
 1491  association:
 1492         (d) The approved minutes of all meetings of the members of
 1493  an association and meetings open for members of, the board of
 1494  directors, and committees of the board, which minutes must be
 1495  retained within this the state for at least 5 7 years.
 1496         (f) All of the association’s insurance policies or copies
 1497  thereof, which must be retained within this state for at least 5
 1498  7 years after the expiration date of the policy.
 1499         (g) A copy of all contracts or agreements to which the
 1500  association is a party, including, without limitation, any
 1501  written agreements with the park owner, lease, or other
 1502  agreements or contracts under which the association or its
 1503  members has any obligation or responsibility, which must be
 1504  retained within this state for at least 5 7 years after the
 1505  expiration date of the contract or agreement.
 1506         (h) The financial and accounting records of the
 1507  association, kept according to good accounting practices. All
 1508  financial and accounting records must be maintained within this
 1509  state for a period of at least 5 7 years. The financial and
 1510  accounting records must include:
 1511         1. Accurate, itemized, and detailed records of all receipts
 1512  and expenditures.
 1513         2. A current account and a periodic statement of the
 1514  account for each member, designating the name and current
 1515  address of each member who is obligated to pay dues or
 1516  assessments, the due date and amount of each assessment or other
 1517  charge against the member, the date and amount of each payment
 1518  on the account, and the balance due.
 1519         3. All tax returns, financial statements, and financial
 1520  reports of the association.
 1521         4. Any other records that identify, measure, record, or
 1522  communicate financial information.
 1523         (i) All other written records of the association not
 1524  specifically included in the foregoing which are related to the
 1525  operation of the association must be retained within this state
 1526  for at least 5 years or at least 5 years after the expiration
 1527  date, as applicable.
 1528         (5) The official records shall be maintained within the
 1529  state for at least 7 years and shall be made available to a
 1530  member for inspection or photocopying within 20 10 business days
 1531  after receipt by the board or its designee of a written request
 1532  submitted by certified mail, return receipt requested. The
 1533  requirements of this subsection are satisfied by having a copy
 1534  of the official records available for inspection or copying in
 1535  the park or, at the option of the association, by making the
 1536  records available to a member electronically via the Internet or
 1537  by allowing the records to be viewed in electronic format on a
 1538  computer screen and printed upon request. If the association has
 1539  a photocopy machine available where the records are maintained,
 1540  it must provide a member with copies on request during the
 1541  inspection if the entire request is no more than 25 pages. An
 1542  association shall allow a member or his or her authorized
 1543  representative to use a portable device, including a smartphone,
 1544  tablet, portable scanner, or any other technology capable of
 1545  scanning or taking photographs, to make an electronic copy of
 1546  the official records in lieu of the association’s providing the
 1547  member or his or her authorized representative with a copy of
 1548  such records. The association may not charge a fee to a member
 1549  or his or her authorized representative for the use of a
 1550  portable device.
 1551         (a) The failure of an association to provide access to the
 1552  records within 20 10 business days after receipt of a written
 1553  request submitted by certified mail, return receipt requested,
 1554  creates a rebuttable presumption that the association willfully
 1555  failed to comply with this subsection.
 1556         (b) A member who is denied access to official records is
 1557  entitled to the actual damages or minimum damages for the
 1558  association’s willful failure to comply with this subsection in
 1559  the amount of. The minimum damages are to be $10 per calendar
 1560  day up to 10 days, not to exceed $100. The calculation for
 1561  damages begins to begin on the 21st 11th business day after
 1562  receipt of the written request, submitted by certified mail,
 1563  return receipt requested.
 1564         (c) A dispute between a member and an association regarding
 1565  inspecting or photocopying official records must be submitted to
 1566  mandatory binding arbitration with the division, and the
 1567  arbitration must be conducted pursuant to s. 723.1255 and
 1568  procedural rules adopted by the division.
 1569         (d) The association may adopt reasonable written rules
 1570  governing the frequency, time, location, notice, records to be
 1571  inspected, and manner of inspections, but may not require a
 1572  member to demonstrate a proper purpose for the inspection, state
 1573  a reason for the inspection, or limit a member’s right to
 1574  inspect records to less than 1 business day per month. The
 1575  association may impose fees to cover the costs of providing
 1576  copies of the official records, including the costs of copying
 1577  and for personnel to retrieve and copy the records if the time
 1578  spent retrieving and copying the records exceeds 30 minutes and
 1579  if the personnel costs do not exceed $20 per hour. Personnel
 1580  costs may not be charged for records requests that result in the
 1581  copying of 25 or fewer pages. The association may charge up to
 1582  25 cents per page for copies made on the association’s
 1583  photocopier. If the association does not have a photocopy
 1584  machine available where the records are kept, or if the records
 1585  requested to be copied exceed 25 pages in length, the
 1586  association may have copies made by an outside duplicating
 1587  service and may charge the actual cost of copying, as supported
 1588  by the vendor invoice. The association shall maintain an
 1589  adequate number of copies of the recorded governing documents,
 1590  to ensure their availability to members and prospective members.
 1591  Notwithstanding this paragraph, the following records are not
 1592  accessible to members or home owners:
 1593         1. A record protected by the lawyer-client privilege as
 1594  described in s. 90.502 and a record protected by the work
 1595  product privilege, including, but not limited to, a record
 1596  prepared by an association attorney or prepared at the
 1597  attorney’s express direction which reflects a mental impression,
 1598  conclusion, litigation strategy, or legal theory of the attorney
 1599  or the association and which was prepared exclusively for civil
 1600  or criminal litigation, for adversarial administrative
 1601  proceedings, or in anticipation of such litigation or
 1602  proceedings until the conclusion of the litigation or
 1603  proceedings.
 1604         2. E-mail addresses, telephone numbers, facsimile numbers,
 1605  emergency contact information, any addresses for a home owner
 1606  other than as provided for association notice requirements, and
 1607  other personal identifying information of any person, excluding
 1608  the person’s name, lot designation, mailing address, and
 1609  property address. Notwithstanding the restrictions in this
 1610  subparagraph, an association may print and distribute to home
 1611  owners a directory containing the name, park address, and
 1612  telephone number of each home owner. However, a home owner may
 1613  exclude his or her telephone number from the directory by so
 1614  requesting in writing to the association. The association is not
 1615  liable for the disclosure of information that is protected under
 1616  this subparagraph if the information is included in an official
 1617  record of the association and is voluntarily provided by a home
 1618  owner and not requested by the association.
 1619         3. An electronic security measure that is used by the
 1620  association to safeguard data, including passwords.
 1621         4. The software and operating system used by the
 1622  association which allows the manipulation of data, even if the
 1623  home owner owns a copy of the same software used by the
 1624  association. The data is part of the official records of the
 1625  association.
 1626         Section 33. Section 723.1255, Florida Statutes, is amended
 1627  to read:
 1628         723.1255 Alternative resolution of recall, election, and
 1629  inspection and photocopying of official records disputes.—
 1630         (1)A dispute between a mobile home owner and a homeowners’
 1631  association regarding the election and recall of officers or
 1632  directors under s. 723.078(2)(b) or regarding the inspection and
 1633  photocopying of official records under s. 723.079(5) must be
 1634  submitted to mandatory binding arbitration with the division.
 1635  The arbitration shall be conducted in accordance with this
 1636  section and the procedural rules adopted by the division.
 1637         (2)Each party shall be responsible for paying its own
 1638  attorney fees, expert and investigator fees, and associated
 1639  costs. The cost of the arbitrators shall be divided equally
 1640  between the parties regardless of the outcome.
 1641         (3)The division shall adopt procedural rules to govern
 1642  mandatory binding arbitration proceedings The Division of
 1643  Florida Condominiums, Timeshares, and Mobile Homes of the
 1644  Department of Business and Professional Regulation shall adopt
 1645  rules of procedure to govern binding recall arbitration
 1646  proceedings.
 1647         Section 34. For the purpose of incorporating the amendment
 1648  made by this act to section 420.5087, Florida Statutes, in a
 1649  reference thereto, paragraph (i) of subsection (22) of section
 1650  420.507, Florida Statutes, is reenacted to read:
 1651         420.507 Powers of the corporation.—The corporation shall
 1652  have all the powers necessary or convenient to carry out and
 1653  effectuate the purposes and provisions of this part, including
 1654  the following powers which are in addition to all other powers
 1655  granted by other provisions of this part:
 1656         (22) To develop and administer the State Apartment
 1657  Incentive Loan Program. In developing and administering that
 1658  program, the corporation may:
 1659         (i) Establish, by rule, the procedure for competitively
 1660  evaluating and selecting all applications for funding based on
 1661  the criteria set forth in s. 420.5087(6)(c), determining actual
 1662  loan amounts, making and servicing loans, and exercising the
 1663  powers authorized in this subsection.
 1664         Section 35. For the purpose of incorporating the amendment
 1665  made by this act to section 420.5095, Florida Statutes, in a
 1666  reference thereto, subsection (2) of section 193.018, Florida
 1667  Statutes, is reenacted to read:
 1668         193.018 Land owned by a community land trust used to
 1669  provide affordable housing; assessment; structural improvements,
 1670  condominium parcels, and cooperative parcels.—
 1671         (2) A community land trust may convey structural
 1672  improvements, condominium parcels, or cooperative parcels, that
 1673  are located on specific parcels of land that are identified by a
 1674  legal description contained in and subject to a ground lease
 1675  having a term of at least 99 years, for the purpose of providing
 1676  affordable housing to natural persons or families who meet the
 1677  extremely-low-income, very-low-income, low-income, or moderate
 1678  income limits specified in s. 420.0004, or the income limits for
 1679  workforce housing, as defined in s. 420.5095(3). A community
 1680  land trust shall retain a preemptive option to purchase any
 1681  structural improvements, condominium parcels, or cooperative
 1682  parcels on the land at a price determined by a formula specified
 1683  in the ground lease which is designed to ensure that the
 1684  structural improvements, condominium parcels, or cooperative
 1685  parcels remain affordable.
 1686         Section 36. This act shall take effect July 1, 2020.
 1688  ================= T I T L E  A M E N D M E N T ================
 1689  And the title is amended as follows:
 1690         Delete everything before the enacting clause
 1691  and insert:
 1692                        A bill to be entitled                      
 1693         An act relating to community affairs; amending s.
 1694         125.01055, F.S.; authorizing a board of county
 1695         commissioners to approve development of affordable
 1696         housing on any parcel zoned for residential,
 1697         commercial, or industrial use; amending s. 129.03,
 1698         F.S.; revising the information required to be annually
 1699         submitted by county budget officers to the Office of
 1700         Economic and Demographic Research; requiring certain
 1701         information to be included beginning in a specified
 1702         submission; amending s. 163.01, F.S.; amending the
 1703         Florida Interlocal Cooperation Act of 1969 to
 1704         authorize private entities to enter into specified
 1705         loan agreements; authorizing certain bond proceeds to
 1706         be loaned to private entities for specified types of
 1707         projects; providing that such loans are deemed a
 1708         paramount public purpose; amending s. 163.31771, F.S.;
 1709         revising conditions under which local governments are
 1710         authorized to adopt ordinances that allow accessory
 1711         dwelling units in any area zoned for single-family
 1712         residential use; amending s. 163.31801, F.S.;
 1713         requiring counties, municipalities, and special
 1714         districts to include certain data relating to impact
 1715         fees in their annual financial reports; amending s.
 1716         166.04151, F.S.; authorizing governing bodies of
 1717         municipalities to approve the development of
 1718         affordable housing on any parcel zoned for
 1719         residential, commercial, or industrial use; amending
 1720         s. 166.241, F.S.; revising the information required to
 1721         be annually submitted by municipal budget officers to
 1722         the Office of Economic and Demographic Research;
 1723         requiring certain information to be included beginning
 1724         in a specified submission; amending s. 320.77, F.S.;
 1725         revising a certification requirement for mobile home
 1726         dealer applicants relating to the applicant’s business
 1727         location; amending s. 320.771, F.S.; exempting certain
 1728         recreational vehicle dealer applicants from a garage
 1729         liability insurance requirement; amending s. 320.822,
 1730         F.S.; revising the definition of the term “code”;
 1731         amending s. 320.8232, F.S.; revising applicable
 1732         standards for the repair and remodeling of mobile and
 1733         manufactured homes; amending s. 367.022, F.S.;
 1734         revising an exemption from regulation for certain
 1735         water service resellers; exempting certain mobile home
 1736         park and mobile home subdivision owners from
 1737         regulation by the Florida Public Service Commission
 1738         relating to water and wastewater systems; creating s.
 1739         420.518, F.S.; authorizing the preclusion of an
 1740         applicant or affiliate of an applicant from
 1741         participation in Florida Housing Finance Corporation
 1742         programs under certain conditions; authorizing the
 1743         board of directors of the corporation to preclude the
 1744         applicant for a period of time or revoke the
 1745         applicant’s funding; requiring that an administrative
 1746         complaint be served before an order is issued;
 1747         authorizing the corporation to suspend certain
 1748         funding, allocations of federal housing credits,
 1749         credit underwriting procedures, or application
 1750         reviews; providing requirements for such suspensions;
 1751         amending s. 420.5087, F.S.; revising the criteria used
 1752         by a review committee when evaluating and selecting
 1753         specified applications for state apartment incentive
 1754         loans; authorizing the corporation to prioritize a
 1755         portion of the State Apartment Incentive Loan funding
 1756         set aside for certain purposes; requiring that such
 1757         funding be used for housing for certain persons in
 1758         foster care or persons aging out of foster care;
 1759         providing requirements for such housing; requiring the
 1760         corporation to consult with the Department of Children
 1761         and Families to create minimum criteria for such
 1762         housing; amending s. 420.5095, F.S.; revising
 1763         legislative findings; renaming the Community Workforce
 1764         Housing Innovation Pilot Program as the Community
 1765         Workforce Housing Loan Program to provide workforce
 1766         housing for persons affected by the high cost of
 1767         housing; revising the definition of the term
 1768         “workforce housing”; deleting the definition of the
 1769         term “public-private partnership”; authorizing the
 1770         corporation to provide loans under the program to
 1771         applicants for construction of workforce housing;
 1772         requiring the corporation to establish a certain loan
 1773         application process; deleting provisions requiring the
 1774         corporation to provide incentives for local
 1775         governments to use certain funds; requiring projects
 1776         to receive priority consideration for funding under
 1777         certain circumstances; deleting provisions providing
 1778         for the expedition of local government comprehensive
 1779         plan amendments to implement a program project;
 1780         requiring that the corporation award loans at a
 1781         specified interest rate and for a limited term;
 1782         conforming provisions to changes made by the act;
 1783         deleting a provision authorizing the corporation to
 1784         use a maximum percentage of a specified appropriation
 1785         for administration and compliance; amending s.
 1786         420.531, F.S.; specifying that technical support
 1787         provided to local governments and community-based
 1788         organizations includes implementation of the State
 1789         Apartment Incentive Loan Program; requiring the entity
 1790         providing training and technical assistance to convene
 1791         and administer biannual workshops; providing
 1792         requirements for such workshops; requiring such entity
 1793         to annually compile and submit certain information to
 1794         the Legislature and the corporation by a specified
 1795         date; amending s. 420.9071, F.S.; revising the
 1796         definition of the term “affordable”; amending s.
 1797         420.9075, F.S.; revising requirements for reports
 1798         submitted to the corporation by counties and certain
 1799         municipalities; amending s. 420.9076, F.S.; beginning
 1800         on a specified date, revising the membership of local
 1801         affordable housing advisory committees; requiring the
 1802         committees to perform specified duties annually
 1803         instead of triennially; revising duties of the
 1804         committees; requiring locally elected officials
 1805         serving on advisory committees, or their designees, to
 1806         attend biannual regional workshops; providing a
 1807         penalty; amending s. 553.791, F.S.; revising a
 1808         prohibition against auditing certain private providers
 1809         more than a specified number of times per month under
 1810         certain conditions; amending s. 723.011, F.S.;
 1811         providing that a mobile home owner may be required to
 1812         install permanent improvements as disclosed in the
 1813         mobile home park prospectus; amending s. 723.012,
 1814         F.S.; requiring a mobile home park owner to amend its
 1815         prospectus under certain circumstances; requiring a
 1816         mobile home park owner to increase shared facilities
 1817         under certain circumstances; providing a requirement
 1818         for the prospectus amendment; prohibiting certain
 1819         costs and expenses from being passed on or passed
 1820         through to existing mobile home owners; amending s.
 1821         723.023, F.S.; revising general obligations for mobile
 1822         home owners; amending s. 723.031, F.S.; revising
 1823         construction relating to a mobile home park owner’s
 1824         disclosure of certain taxes and assessments;
 1825         prohibiting a mobile home park owner from charging or
 1826         collecting certain taxes or charges in excess of a
 1827         certain amount; amending s. 723.037, F.S.; authorizing
 1828         mobile home park owners to give notice of lot rental
 1829         increases for multiple anniversary dates in one
 1830         notice; providing construction; revising a requirement
 1831         for a lot rental negotiation committee; amending s.
 1832         723.041, F.S.; providing that a mobile home park
 1833         damaged or destroyed due to natural force may be
 1834         rebuilt with the same density as previously approved,
 1835         permitted, and built; providing construction; amending
 1836         s. 723.042, F.S.; revising conditions under which a
 1837         person is required by a mobile home park owner or
 1838         developer to provide improvements as a condition of
 1839         residence in a mobile home park; amending s. 723.059,
 1840         F.S.; authorizing certain mobile home purchasers to
 1841         assume the seller’s prospectus; authorizing a mobile
 1842         home park owner to offer a purchaser any approved
 1843         prospectus; amending s. 723.061, F.S.; revising
 1844         requirements related to the provision of eviction
 1845         notices by mobile home park owners to specified
 1846         entities; specifying the waiver and nonwaiver of
 1847         certain rights of mobile home park owners under
 1848         certain circumstances; requiring the accounting at
 1849         final hearing of rents received; amending s. 723.076,
 1850         F.S.; providing a notice requirement for homeowners’
 1851         associations to mobile home park owners after the
 1852         election or appointment of new officers or board
 1853         members; amending s. 723.078, F.S.; revising
 1854         requirements for homeowners’ association board
 1855         elections and ballots; requiring an impartial
 1856         committee to be responsible for overseeing the
 1857         election process and complying with ballot
 1858         requirements; defining the term “impartial committee”;
 1859         requiring that association bylaws provide a method for
 1860         determining the winner of an election under certain
 1861         circumstances; requiring the division to adopt
 1862         procedural rules; revising the types of meetings that
 1863         are not required to be open to members; providing an
 1864         exception to a requirement for an officer of an
 1865         association to provide an affidavit affirming certain
 1866         information; authorizing meeting notices to be
 1867         provided by electronic means; providing that the
 1868         minutes of certain board and committee meetings are
 1869         privileged and confidential; conforming provisions to
 1870         changes made by the act; amending s. 723.079, F.S.;
 1871         revising homeowners’ association recordkeeping
 1872         requirements; revising the timeframes during which
 1873         certain records are required to be retained and be
 1874         made available for inspection or photocopying;
 1875         limiting the amount of damages for which an
 1876         association is liable when a member is denied access
 1877         to official records; requiring that certain disputes
 1878         be submitted to mandatory binding arbitration with the
 1879         division; providing requirements for such arbitration;
 1880         amending s. 723.1255, F.S.; requiring that certain
 1881         disputes be submitted to mandatory binding arbitration
 1882         with the division; providing requirements for such
 1883         arbitration and responsibility for fees and costs;
 1884         requiring the division to adopt procedural rules;
 1885         reenacting s. 420.507(22)(i), F.S., relating to powers
 1886         of the Florida Housing Finance Corporation, to
 1887         incorporate the amendment made to s. 420.5087, F.S.,
 1888         in a reference thereto; reenacting s. 193.018(2),
 1889         F.S., relating to land owned by a community land trust
 1890         used to provide affordable housing, to incorporate the
 1891         amendment made to s. 420.5095, F.S., in a reference
 1892         thereto; providing an effective date.