Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 998
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LEGISLATIVE ACTION
Senate . House
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The Committee on Infrastructure and Security (Hutson)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 122 - 1017
4 and insert:
5 Section 2. Subsections (3) and (4) of section 163.31771,
6 Florida Statutes, are amended to read:
7 163.31771 Accessory dwelling units.—
8 (3) A Upon a finding by a local government that there is a
9 shortage of affordable rentals within its jurisdiction, the
10 local government may adopt an ordinance to allow accessory
11 dwelling units in any area zoned for single-family residential
12 use.
13 (4) If the local government adopts an ordinance under this
14 section, An application for a building permit to construct an
15 accessory dwelling unit must include an affidavit from the
16 applicant which attests that the unit will be rented at an
17 affordable rate to an extremely-low-income, very-low-income,
18 low-income, or moderate-income person or persons.
19 Section 3. Subsection (10) is added to section 163.31801,
20 Florida Statutes, to read:
21 163.31801 Impact fees; short title; intent; minimum
22 requirements; audits; challenges.—
23 (10) In addition to the items that must be reported in the
24 annual financial reports under s. 218.32, a county,
25 municipality, or special district must report all of the
26 following data on all impact fees charged:
27 (a) The specific purpose of the impact fee, including the
28 specific infrastructure needs to be met, including, but not
29 limited to, transportation, parks, water, sewer, and schools.
30 (b) The impact fee schedule policy describing the method of
31 calculating impact fees, such as flat fees, tiered scales based
32 on number of bedrooms, or tiered scales based on square footage.
33 (c) The amount assessed for each purpose and for each type
34 of dwelling.
35 (d) The total amount of impact fees charged by type of
36 dwelling.
37 Section 4. Subsection (4) is added to section 166.04151,
38 Florida Statutes, to read:
39 166.04151 Affordable housing.—
40 (4) Notwithstanding any other law or local ordinance or
41 regulation to the contrary, the governing body of a municipality
42 may approve the development of housing that is affordable, as
43 defined in s. 420.0004, on any parcel zoned for residential,
44 commercial, or industrial use.
45 Section 5. Subsection (5) of section 196.196, Florida
46 Statutes, is amended to read:
47 196.196 Determining whether property is entitled to
48 charitable, religious, scientific, or literary exemption.—
49 (5)(a) Property owned by an exempt organization qualified
50 as charitable under s. 501(c)(3) of the Internal Revenue Code,
51 and property owned by a person granted an exemption under
52 paragraph (b), is used for a charitable purpose if the
53 organization or person has taken affirmative steps to prepare
54 the property to provide affordable housing to persons or
55 families that meet the extremely-low-income, very-low-income,
56 low-income, or moderate-income limits, as specified in s.
57 420.0004. The term “affirmative steps” means environmental or
58 land use permitting activities, creation of architectural plans
59 or schematic drawings, land clearing or site preparation,
60 construction or renovation activities, or other similar
61 activities that demonstrate a commitment of the property to
62 providing affordable housing.
63 (b) The board of county commissioners of any county, or the
64 governing authority of any municipality, may adopt an ordinance
65 to grant an ad valorem tax exemption under s. 3, Art. VII of the
66 State Constitution, for property used for the charitable purpose
67 of providing affordable housing, if the person owning such
68 property has taken affirmative steps as defined in paragraph (a)
69 to prepare the property to provide affordable housing to persons
70 or families that meet the extremely-low-income, very-low-income,
71 low-income, or moderate-income limits, as specified in s.
72 420.0004.
73 (c)(b)1. If property owned by an organization or person
74 granted an exemption under this subsection is transferred for a
75 purpose other than directly providing affordable homeownership
76 or rental housing to persons or families who meet the extremely
77 low-income, very-low-income, low-income, or moderate-income
78 limits, as specified in s. 420.0004, or is not in actual use to
79 provide such affordable housing within 5 years after the date
80 the organization or person is granted the exemption, the
81 property appraiser making such determination shall serve upon
82 the organization or person that illegally or improperly received
83 the exemption a notice of intent to record in the public records
84 of the county a notice of tax lien against any property owned by
85 that organization or person in the county, and such property
86 must shall be identified in the notice of tax lien. The
87 organization or person owning such property is subject to the
88 taxes otherwise due and owing as a result of the failure to use
89 the property to provide affordable housing plus 15 percent
90 interest per annum and a penalty of 50 percent of the taxes
91 owed.
92 2. Such lien, when filed, attaches to any property
93 identified in the notice of tax lien owned by the organization
94 or person that illegally or improperly received the exemption.
95 If such organization or person no longer owns property in the
96 county but owns property in any other county in the state, the
97 property appraiser shall record in each such other county a
98 notice of tax lien identifying the property owned by such
99 organization or person in such county which shall become a lien
100 against the identified property. Before any such lien may be
101 filed, the organization or person so notified must be given 30
102 days to pay the taxes, penalties, and interest.
103 3. If an exemption is improperly granted as a result of a
104 clerical mistake or an omission by the property appraiser, the
105 organization or person improperly receiving the exemption shall
106 not be assessed a penalty or interest.
107 4. The 5-year limitation specified in this subsection may
108 be extended if the holder of the exemption continues to take
109 affirmative steps to develop the property for the purposes
110 specified in this subsection.
111 Section 6. Subsection (1) of section 196.1978, Florida
112 Statutes, is amended to read:
113 196.1978 Affordable housing property exemption.—
114 (1) Property used to provide affordable housing to eligible
115 persons as defined by s. 159.603 and natural persons or families
116 meeting the extremely-low-income, very-low-income, low-income,
117 or moderate-income limits specified in s. 420.0004, which is
118 owned entirely by a nonprofit entity that is a corporation not
119 for profit, qualified as charitable under s. 501(c)(3) of the
120 Internal Revenue Code and in compliance with Rev. Proc. 96-32,
121 1996-1 C.B. 717, is considered property owned by an exempt
122 entity and used for a charitable purpose, and those portions of
123 the affordable housing property that provide housing to natural
124 persons or families classified as extremely low income, very low
125 income, low income, or moderate income under s. 420.0004 are
126 exempt from ad valorem taxation to the extent authorized under
127 s. 196.196. Units that are vacant or that are occupied by
128 tenants who were natural persons or families meeting the
129 extremely-low-income, very-low-income, low-income, or moderate
130 income limits specified in s. 420.0004 at the time they
131 initially became tenants, but who no longer meet those income
132 limits, shall be treated as portions of the property exempt from
133 ad valorem taxation under s. 196.196 provided that the property
134 is subject to a recorded land use restriction agreement in favor
135 of the Florida Housing Finance Agency or any other governmental
136 or quasi-governmental jurisdiction. All property identified in
137 this section must comply with the criteria provided under s.
138 196.195 for determining exempt status and applied by property
139 appraisers on an annual basis. The Legislature intends that any
140 property owned by one or more limited liability companies or
141 limited partnerships, each of which is a limited liability
142 company which is disregarded as an entity for federal income tax
143 purposes pursuant to Treasury Regulation 301.7701-3(b)(1)(ii)
144 shall be treated as owned by the ultimate its sole member s.
145 501(c)(3) nonprofit corporation.
146 Section 7. Paragraph (h) of subsection (3) of section
147 320.77, Florida Statutes, is amended to read:
148 320.77 License required of mobile home dealers.—
149 (3) APPLICATION.—The application for such license shall be
150 in the form prescribed by the department and subject to such
151 rules as may be prescribed by it. The application shall be
152 verified by oath or affirmation and shall contain:
153 (h) Certification by the applicant:
154 1. That the location is a permanent one, not a tent or a
155 temporary stand or other temporary quarters.; and,
156 2. Except in the case of a mobile home broker, that the
157 location affords sufficient unoccupied space to display store
158 all mobile homes offered and displayed for sale. A space to
159 display a manufactured home as a model home is sufficient to
160 satisfy this requirement.; and that The location must be is a
161 suitable place in which the applicant can in good faith carry on
162 business and keep and maintain books, records, and files
163 necessary to conduct such business, which must will be available
164 at all reasonable hours to inspection by the department or any
165 of its inspectors or other employees.
166
167 This paragraph does subsection shall not preclude a licensed
168 mobile home dealer from displaying and offering for sale mobile
169 homes in a mobile home park.
170
171 The department shall, if it deems necessary, cause an
172 investigation to be made to ascertain if the facts set forth in
173 the application are true and shall not issue a license to the
174 applicant until it is satisfied that the facts set forth in the
175 application are true.
176 Section 8. Paragraph (j) of subsection (3) of section
177 320.771, Florida Statutes, is amended to read:
178 320.771 License required of recreational vehicle dealers.—
179 (3) APPLICATION.—The application for such license shall be
180 in the form prescribed by the department and subject to such
181 rules as may be prescribed by it. The application shall be
182 verified by oath or affirmation and shall contain:
183 (j) A statement that the applicant is insured under a
184 garage liability insurance policy, which shall include, at a
185 minimum, $25,000 combined single-limit liability coverage,
186 including bodily injury and property damage protection, and
187 $10,000 personal injury protection, if the applicant is to be
188 licensed as a dealer in, or intends to sell, recreational
189 vehicles. However, a garage liability policy is not required for
190 the licensure of a mobile home dealer who sells only park
191 trailers.
192
193 The department shall, if it deems necessary, cause an
194 investigation to be made to ascertain if the facts set forth in
195 the application are true and shall not issue a license to the
196 applicant until it is satisfied that the facts set forth in the
197 application are true.
198 Section 9. Paragraph (c) of subsection (2) of section
199 320.822, Florida Statutes, is amended to read:
200 320.822 Definitions; ss. 320.822-320.862.—In construing ss.
201 320.822-320.862, unless the context otherwise requires, the
202 following words or phrases have the following meanings:
203 (2) “Code” means the appropriate standards found in:
204 (c) The Mobile and Manufactured Home Repair and Remodeling
205 Code and the Used Recreational Vehicle Code.
206 Section 10. Subsection (2) of section 320.8232, Florida
207 Statutes, is amended to read:
208 320.8232 Establishment of uniform standards for used
209 recreational vehicles and repair and remodeling code for mobile
210 homes.—
211 (2) The Mobile and Manufactured Home provisions of the
212 Repair and Remodeling Code must be a uniform code, must shall
213 ensure safe and livable housing, and may shall not be more
214 stringent than those standards required to be met in the
215 manufacture of mobile homes. Such code must provisions shall
216 include, but not be limited to, standards for structural
217 adequacy, plumbing, heating, electrical systems, and fire and
218 life safety. All repairs and remodeling of mobile and
219 manufactured homes must be performed in accordance with
220 department rules.
221 Section 11. Subsection (9) of section 367.022, Florida
222 Statutes, is amended, and subsection (14) is added to that
223 section, to read:
224 367.022 Exemptions.—The following are not subject to
225 regulation by the commission as a utility nor are they subject
226 to the provisions of this chapter, except as expressly provided:
227 (9) Any person who resells water service to his or her
228 tenants or to individually metered residents for a fee that does
229 not exceed the actual purchase price of the water and wastewater
230 service plus the actual cost of meter reading and billing, not
231 to exceed 9 percent of the actual cost of service.
232 (14) The owner of a mobile home park operating both as a
233 mobile home park and a mobile home subdivision, as those terms
234 are defined in s. 723.003, who provides service within the park
235 and subdivision to a combination of both tenants and lot owners,
236 provided that the service to tenants is without specific
237 compensation.
238 Section 12. Paragraph (c) of subsection (6) of section
239 420.5087, Florida Statutes, is amended to read:
240 420.5087 State Apartment Incentive Loan Program.—There is
241 hereby created the State Apartment Incentive Loan Program for
242 the purpose of providing first, second, or other subordinated
243 mortgage loans or loan guarantees to sponsors, including for
244 profit, nonprofit, and public entities, to provide housing
245 affordable to very-low-income persons.
246 (6) On all state apartment incentive loans, except loans
247 made to housing communities for the elderly to provide for
248 lifesafety, building preservation, health, sanitation, or
249 security-related repairs or improvements, the following
250 provisions shall apply:
251 (c) The corporation shall provide by rule for the
252 establishment of a review committee for the competitive
253 evaluation and selection of applications submitted in this
254 program, including, but not limited to, the following criteria:
255 1. Tenant income and demographic targeting objectives of
256 the corporation.
257 2. Targeting objectives of the corporation which will
258 ensure an equitable distribution of loans between rural and
259 urban areas.
260 3. Sponsor’s agreement to reserve the units for persons or
261 families who have incomes below 50 percent of the state or local
262 median income, whichever is higher, for a time period that
263 exceeds the minimum required by federal law or this part.
264 4. Sponsor’s agreement to reserve more than:
265 a. Twenty percent of the units in the project for persons
266 or families who have incomes that do not exceed 50 percent of
267 the state or local median income, whichever is higher; or
268 b. Forty percent of the units in the project for persons or
269 families who have incomes that do not exceed 60 percent of the
270 state or local median income, whichever is higher, without
271 requiring a greater amount of the loans as provided in this
272 section.
273 5. Provision for tenant counseling.
274 6. Sponsor’s agreement to accept rental assistance
275 certificates or vouchers as payment for rent.
276 7. Projects requiring the least amount of a state apartment
277 incentive loan compared to overall project cost, except that the
278 share of the loan attributable to units serving extremely-low
279 income persons must be excluded from this requirement.
280 8. Local government contributions and local government
281 comprehensive planning and activities that promote affordable
282 housing and policies that promote access to public
283 transportation, reduce the need for onsite parking, and expedite
284 permits for affordable housing projects.
285 9. Project feasibility.
286 10. Economic viability of the project.
287 11. Commitment of first mortgage financing.
288 12. Sponsor’s prior experience.
289 13. Sponsor’s ability to proceed with construction.
290 14. Projects that directly implement or assist welfare-to
291 work transitioning.
292 15. Projects that reserve units for extremely-low-income
293 persons.
294 16. Projects that include green building principles, storm
295 resistant construction, or other elements that reduce long-term
296 costs relating to maintenance, utilities, or insurance.
297 17. Job-creation rate of the developer and general
298 contractor, as provided in s. 420.507(47).
299 Section 13. Section 420.5095, Florida Statutes, is amended
300 to read:
301 420.5095 Community Workforce Housing Loan Innovation Pilot
302 Program.—
303 (1) The Legislature finds and declares that recent rapid
304 increases in the median purchase price of a home and the cost of
305 rental housing have far outstripped the increases in median
306 income in the state, preventing essential services personnel
307 from living in the communities where they serve and thereby
308 creating the need for innovative solutions for the provision of
309 housing opportunities for essential services personnel.
310 (2) The Community Workforce Housing Loan Innovation Pilot
311 Program is created to provide affordable rental and home
312 ownership community workforce housing for persons essential
313 services personnel affected by the high cost of housing, using
314 regulatory incentives and state and local funds to promote local
315 public-private partnerships and leverage government and private
316 resources.
317 (3) For purposes of this section, the term:
318 (a) “workforce housing” means housing affordable to natural
319 persons or families whose total annual household income does not
320 exceed 80 140 percent of the area median income, adjusted for
321 household size, or 120 150 percent of area median income,
322 adjusted for household size, in areas of critical state concern
323 designated under s. 380.05, for which the Legislature has
324 declared its intent to provide affordable housing, and areas
325 that were designated as areas of critical state concern for at
326 least 20 consecutive years before prior to removal of the
327 designation.
328 (b) “Public-private partnership” means any form of business
329 entity that includes substantial involvement of at least one
330 county, one municipality, or one public sector entity, such as a
331 school district or other unit of local government in which the
332 project is to be located, and at least one private sector for
333 profit or not-for-profit business or charitable entity, and may
334 be any form of business entity, including a joint venture or
335 contractual agreement.
336 (4) The Florida Housing Finance Corporation is authorized
337 to provide loans under the Community Workforce Housing
338 Innovation Pilot program loans to applicants an applicant for
339 construction or rehabilitation of workforce housing in eligible
340 areas. This funding is intended to be used with other public and
341 private sector resources.
342 (5) The corporation shall establish a loan application
343 process under s. 420.5087 by rule which includes selection
344 criteria, an application review process, and a funding process.
345 The corporation shall also establish an application review
346 committee that may include up to three private citizens
347 representing the areas of housing or real estate development,
348 banking, community planning, or other areas related to the
349 development or financing of workforce and affordable housing.
350 (a) The selection criteria and application review process
351 must include a procedure for curing errors in the loan
352 applications which do not make a substantial change to the
353 proposed project.
354 (b) To achieve the goals of the pilot program, the
355 application review committee may approve or reject loan
356 applications or responses to questions raised during the review
357 of an application due to the insufficiency of information
358 provided.
359 (c) The application review committee shall make
360 recommendations concerning program participation and funding to
361 the corporation’s board of directors.
362 (d) The board of directors shall approve or reject loan
363 applications, determine the tentative loan amount available to
364 each applicant, and rank all approved applications.
365 (e) The board of directors shall decide which approved
366 applicants will become program participants and determine the
367 maximum loan amount for each program participant.
368 (6) The corporation shall provide incentives for local
369 governments in eligible areas to use local affordable housing
370 funds, such as those from the State Housing Initiatives
371 Partnership Program, to assist in meeting the affordable housing
372 needs of persons eligible under this program. Local governments
373 are authorized to use State Housing Initiative Partnership
374 Program funds for persons or families whose total annual
375 household income does not exceed:
376 (a) One hundred and forty percent of the area median
377 income, adjusted for household size; or
378 (b) One hundred and fifty percent of the area median
379 income, adjusted for household size, in areas that were
380 designated as areas of critical state concern for at least 20
381 consecutive years prior to the removal of the designation and in
382 areas of critical state concern, designated under s. 380.05, for
383 which the Legislature has declared its intent to provide
384 affordable housing.
385 (7) Funding shall be targeted to innovative projects in
386 areas where the disparity between the area median income and the
387 median sales price for a single-family home is greatest, and
388 where population growth as a percentage rate of increase is
389 greatest. The corporation may also fund projects in areas where
390 innovative regulatory and financial incentives are made
391 available. The corporation shall fund at least one eligible
392 project in as many counties and regions of the state as is
393 practicable, consistent with program goals.
394 (6)(8) Projects must be given shall receive priority
395 consideration for funding if where:
396 (a) the local jurisdiction has adopted, or is committed to
397 adopting, appropriate regulatory incentives, or the local
398 jurisdiction or public-private partnership has adopted or is
399 committed to adopting local contributions or financial
400 strategies, or other funding sources to promote the development
401 and ongoing financial viability of such projects. Local
402 incentives include such actions as expediting review of
403 development orders and permits, supporting development near
404 transportation hubs and major employment centers, and adopting
405 land development regulations designed to allow flexibility in
406 densities, use of accessory units, mixed-use developments, and
407 flexible lot configurations. Financial strategies include such
408 actions as promoting employer-assisted housing programs,
409 providing tax increment financing, and providing land.
410 (b) Projects are innovative and include new construction or
411 rehabilitation; mixed-income housing; commercial and housing
412 mixed-use elements; innovative design; green building
413 principles; storm-resistant construction; or other elements that
414 reduce long-term costs relating to maintenance, utilities, or
415 insurance and promote homeownership. The program funding may not
416 exceed the costs attributable to the portion of the project that
417 is set aside to provide housing for the targeted population.
418 (c) Projects that set aside at least 80 percent of units
419 for workforce housing and at least 50 percent for essential
420 services personnel and for projects that require the least
421 amount of program funding compared to the overall housing costs
422 for the project.
423 (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
424 government comprehensive plan amendment to implement a Community
425 Workforce Housing Innovation Pilot Program project found
426 consistent with this section shall be expedited as provided in
427 this subsection. At least 30 days prior to adopting a plan
428 amendment under this subsection, the local government shall
429 notify the state land planning agency of its intent to adopt
430 such an amendment, and the notice shall include its evaluation
431 related to site suitability and availability of facilities and
432 services. The public notice of the hearing required by s.
433 163.3184(11)(b)2. shall include a statement that the local
434 government intends to use the expedited adoption process
435 authorized by this subsection. Such amendments shall require
436 only a single public hearing before the governing board, which
437 shall be an adoption hearing as described in s. 163.3184(4)(e).
438 Any further proceedings shall be governed by s. 163.3184(5)
439 (13).
440 (10) The processing of approvals of development orders or
441 development permits, as defined in s. 163.3164, for innovative
442 community workforce housing projects shall be expedited.
443 (7)(11) The corporation shall award loans with a 1 interest
444 rates set at 1 to 3 percent interest rate for a term that does
445 not exceed 15 years, which may be made forgivable when long-term
446 affordability is provided and when at least 80 percent of the
447 units are set aside for workforce housing and at least 50
448 percent of the units are set aside for essential services
449 personnel.
450 (12) All eligible applications shall:
451 (a) For home ownership, limit the sales price of a detached
452 unit, townhome, or condominium unit to not more than 90 percent
453 of the median sales price for that type of unit in that county,
454 or the statewide median sales price for that type of unit,
455 whichever is higher, and require that all eligible purchasers of
456 home ownership units occupy the homes as their primary
457 residence.
458 (b) For rental units, restrict rents for all workforce
459 housing serving those with incomes at or below 120 percent of
460 area median income at the appropriate income level using the
461 restricted rents for the federal low-income housing tax credit
462 program and, for workforce housing units serving those with
463 incomes above 120 percent of area median income, restrict rents
464 to those established by the corporation, not to exceed 30
465 percent of the maximum household income adjusted to unit size.
466 (c) Demonstrate that the applicant is a public-private
467 partnership in an agreement, contract, partnership agreement,
468 memorandum of understanding, or other written instrument signed
469 by all the project partners.
470 (d) Have grants, donations of land, or contributions from
471 the public-private partnership or other sources collectively
472 totaling at least 10 percent of the total development cost or $2
473 million, whichever is less. Such grants, donations of land, or
474 contributions must be evidenced by a letter of commitment,
475 agreement, contract, deed, memorandum of understanding, or other
476 written instrument at the time of application. Grants, donations
477 of land, or contributions in excess of 10 percent of the
478 development cost shall increase the application score.
479 (e) Demonstrate how the applicant will use the regulatory
480 incentives and financial strategies outlined in subsection (8)
481 from the local jurisdiction in which the proposed project is to
482 be located. The corporation may consult with the Department of
483 Economic Opportunity in evaluating the use of regulatory
484 incentives by applicants.
485 (f) Demonstrate that the applicant possesses title to or
486 site control of land and evidences availability of required
487 infrastructure.
488 (g) Demonstrate the applicant’s affordable housing
489 development and management experience.
490 (h) Provide any research or facts available supporting the
491 demand and need for rental or home ownership workforce housing
492 for eligible persons in the market in which the project is
493 proposed.
494 (13) Projects may include manufactured housing constructed
495 after June 1994 and installed in accordance with mobile home
496 installation standards of the Department of Highway Safety and
497 Motor Vehicles.
498 (8)(14) The corporation may adopt rules pursuant to ss.
499 120.536(1) and 120.54 to implement this section.
500 (15) The corporation may use a maximum of 2 percent of the
501 annual program appropriation for administration and compliance
502 monitoring.
503 (16) The corporation shall review the success of the
504 Community Workforce Housing Innovation Pilot Program to
505 ascertain whether the projects financed by the program are
506 useful in meeting the housing needs of eligible areas and shall
507 include its findings in the annual report required under s.
508 420.511(3).
509 Section 14. Section 420.531, Florida Statutes, is amended
510 to read:
511 420.531 Affordable Housing Catalyst Program.—
512 (1) The corporation shall operate the Affordable Housing
513 Catalyst Program for the purpose of securing the expertise
514 necessary to provide specialized technical support to local
515 governments and community-based organizations to implement the
516 HOME Investment Partnership Program, State Apartment Incentive
517 Loan Program, State Housing Initiatives Partnership Program, and
518 other affordable housing programs. To the maximum extent
519 feasible, the entity to provide the necessary expertise must be
520 recognized by the Internal Revenue Service as a nonprofit tax
521 exempt organization. It must have as its primary mission the
522 provision of affordable housing training and technical
523 assistance, an ability to provide training and technical
524 assistance statewide, and a proven track record of successfully
525 providing training and technical assistance under the Affordable
526 Housing Catalyst Program. The technical support shall, at a
527 minimum, include training relating to the following key elements
528 of the partnership programs:
529 (a)(1) Formation of local and regional housing partnerships
530 as a means of bringing together resources to provide affordable
531 housing.
532 (b)(2) Implementation of regulatory reforms to reduce the
533 risk and cost of developing affordable housing.
534 (c)(3) Implementation of affordable housing programs
535 included in local government comprehensive plans.
536 (d)(4) Compliance with requirements of federally funded
537 housing programs.
538 (2) In consultation with the corporation, the entity
539 providing statewide training and technical assistance shall
540 convene and administer biannual, regional workshops for the
541 locally elected officials serving on affordable housing advisory
542 committees as provided in s. 420.9076. The regional workshops
543 may be conducted through teleconferencing or other technological
544 means and must include processes and programming that facilitate
545 peer-to-peer identification and sharing of best affordable
546 housing practices among the locally elected officials. Annually,
547 calendar year reports summarizing the deliberations, actions,
548 and recommendations of each region, as well as the attendance
549 records of locally elected officials, must be compiled by the
550 entity providing statewide training and technical assistance for
551 the Affordable Housing Catalyst Program and must be submitted to
552 the President of the Senate, the Speaker of the House of
553 Representatives, and the corporation by March 31 of the
554 following year.
555 Section 15. Present subsection (7) of section 420.9073,
556 Florida Statutes, is redesignated as subsection (8), and a new
557 subsection (7) is added to that section, to read:
558 420.9073 Local housing distributions.—
559 (7) Notwithstanding subsections (1)-(4), the corporation
560 may prioritize a portion of the State Apartment Incentive Loan
561 Program funds set aside under s. 420.5087(3)(d) for persons with
562 special needs as defined in s. 420.0004(13) to provide funding
563 for the development of newly constructed permanent rental
564 housing on a campus that provides housing for persons in foster
565 care or persons aging out of foster care pursuant to s.
566 409.1451. Such housing shall promote and facilitate access to
567 community-based supportive, educational, and employment services
568 and resources that assist persons aging out of foster care to
569 successfully transition to independent living and adulthood. The
570 corporation must consult with the Department of Children and
571 Families to create minimum criteria for such housing.
572 Section 16. Paragraph (j) is added to subsection (10) of
573 section 420.9075, Florida Statutes, to read:
574 420.9075 Local housing assistance plans; partnerships.—
575 (10) Each county or eligible municipality shall submit to
576 the corporation by September 15 of each year a report of its
577 affordable housing programs and accomplishments through June 30
578 immediately preceding submittal of the report. The report shall
579 be certified as accurate and complete by the local government’s
580 chief elected official or his or her designee. Transmittal of
581 the annual report by a county’s or eligible municipality’s chief
582 elected official, or his or her designee, certifies that the
583 local housing incentive strategies, or, if applicable, the local
584 housing incentive plan, have been implemented or are in the
585 process of being implemented pursuant to the adopted schedule
586 for implementation. The report must include, but is not limited
587 to:
588 (j) The number of affordable housing applications
589 submitted, the number approved, and the number denied.
590 Section 17. Subsections (2) and (4) of section 420.9076,
591 Florida Statutes, are amended, and subsection (10) is added to
592 that section, to read:
593 420.9076 Adoption of affordable housing incentive
594 strategies; committees.—
595 (2) The governing board of a county or municipality shall
596 appoint the members of the affordable housing advisory
597 committee. Pursuant to the terms of any interlocal agreement, a
598 county and municipality may create and jointly appoint an
599 advisory committee. The local action adopted pursuant to s.
600 420.9072 which creates the advisory committee and appoints the
601 advisory committee members must name at least 8 but not more
602 than 11 committee members and specify their terms. Effective
603 October 1, 2020, the committee must consist of one locally
604 elected official from each county or municipality participating
605 in the State Housing Initiatives Partnership Program and one
606 representative from at least six of the categories below:
607 (a) A citizen who is actively engaged in the residential
608 home building industry in connection with affordable housing.
609 (b) A citizen who is actively engaged in the banking or
610 mortgage banking industry in connection with affordable housing.
611 (c) A citizen who is a representative of those areas of
612 labor actively engaged in home building in connection with
613 affordable housing.
614 (d) A citizen who is actively engaged as an advocate for
615 low-income persons in connection with affordable housing.
616 (e) A citizen who is actively engaged as a for-profit
617 provider of affordable housing.
618 (f) A citizen who is actively engaged as a not-for-profit
619 provider of affordable housing.
620 (g) A citizen who is actively engaged as a real estate
621 professional in connection with affordable housing.
622 (h) A citizen who actively serves on the local planning
623 agency pursuant to s. 163.3174. If the local planning agency is
624 comprised of the governing board of the county or municipality,
625 the governing board may appoint a designee who is knowledgeable
626 in the local planning process.
627 (i) A citizen who resides within the jurisdiction of the
628 local governing body making the appointments.
629 (j) A citizen who represents employers within the
630 jurisdiction.
631 (k) A citizen who represents essential services personnel,
632 as defined in the local housing assistance plan.
633 (4) Annually Triennially, the advisory committee shall
634 review the established policies and procedures, ordinances, land
635 development regulations, and adopted local government
636 comprehensive plan of the appointing local government and shall
637 recommend specific actions or initiatives to encourage or
638 facilitate affordable housing while protecting the ability of
639 the property to appreciate in value. The recommendations may
640 include the modification or repeal of existing policies,
641 procedures, ordinances, regulations, or plan provisions; the
642 creation of exceptions applicable to affordable housing; or the
643 adoption of new policies, procedures, regulations, ordinances,
644 or plan provisions, including recommendations to amend the local
645 government comprehensive plan and corresponding regulations,
646 ordinances, and other policies. At a minimum, each advisory
647 committee shall submit an annual a report to the local governing
648 body and to the entity providing statewide training and
649 technical assistance for the Affordable Housing Catalyst Program
650 which that includes recommendations on, and triennially
651 thereafter evaluates the implementation of, affordable housing
652 incentives in the following areas:
653 (a) The processing of approvals of development orders or
654 permits for affordable housing projects is expedited to a
655 greater degree than other projects, as provided in s.
656 163.3177(6)(f)3.
657 (b) All allowable fee waivers provided The modification of
658 impact-fee requirements, including reduction or waiver of fees
659 and alternative methods of fee payment for the development or
660 construction of affordable housing.
661 (c) The allowance of flexibility in densities for
662 affordable housing.
663 (d) The reservation of infrastructure capacity for housing
664 for very-low-income persons, low-income persons, and moderate
665 income persons.
666 (e) The allowance of Affordable accessory residential units
667 in residential zoning districts.
668 (f) The reduction of parking and setback requirements for
669 affordable housing.
670 (g) The allowance of flexible lot configurations, including
671 zero-lot-line configurations for affordable housing.
672 (h) The modification of street requirements for affordable
673 housing.
674 (i) The establishment of a process by which a local
675 government considers, before adoption, policies, procedures,
676 ordinances, regulations, or plan provisions that increase the
677 cost of housing.
678 (j) The preparation of a printed inventory of locally owned
679 public lands suitable for affordable housing.
680 (k) The support of development near transportation hubs and
681 major employment centers and mixed-use developments.
682
683 The advisory committee recommendations may also include other
684 affordable housing incentives identified by the advisory
685 committee. Local governments that receive the minimum allocation
686 under the State Housing Initiatives Partnership Program shall
687 perform an the initial review but may elect to not perform the
688 annual triennial review.
689 (10) The locally elected official serving on an advisory
690 committee, or a locally elected designee, must attend biannual
691 regional workshops convened and administered under the
692 Affordable Housing Catalyst Program as provided in s.
693 420.531(2). If the locally elected official or a locally elected
694 designee fails to attend three consecutive regional workshops,
695 the corporation may withhold funds pending the person’s
696 attendance at the next regularly scheduled biannual meeting.
697 Section 18. Section 423.02, Florida Statutes, is amended to
698 read:
699 423.02 Housing projects exempted from taxes and
700 assessments; payments in lieu thereof.—The housing projects,
701 including all property of housing authorities used for or in
702 connection therewith or appurtenant thereto, of housing
703 authorities, or their nonprofit instrumentalities as authorized
704 by s. 421.08(8), shall be exempt from all taxes and special
705 assessments of the state or any city, town, county, or political
706 subdivision of the state, provided, however, that in lieu of
707 such taxes or special assessments, a housing authority or its
708 nonprofit instrumentality may agree to make payments to any
709 city, town, county, or political subdivision of the state for
710 services, improvements, or facilities furnished by such city,
711 town, county, or political subdivision for the benefit of a
712 housing project owned by the housing authority or its nonprofit
713 instrumentality, but in no event shall such payments exceed the
714 estimated cost to such city, town, county, or political
715 subdivision of the services, improvements, or facilities to be
716 so furnished. A city, town, county, or political subdivision of
717 the state may not rename, modify terminology, or otherwise
718 change a tax or assessment with the intent to circumvent the
719 exemption provided under this section, which must be interpreted
720 broadly to protect housing authorities or their nonprofit
721 instrumentalities from taxation or assessment.
722 Section 19. Subsection (4) of section 723.011, Florida
723 Statutes, is amended to read:
724 723.011 Disclosure prior to rental of a mobile home lot;
725 prospectus, filing, approval.—
726 (4) With regard to a tenancy in existence on the effective
727 date of this chapter, the prospectus or offering circular
728 offered by the mobile home park owner must shall contain the
729 same terms and conditions as rental agreements offered to all
730 other mobile home owners residing in the park on the effective
731 date of this act, excepting only rent variations based upon lot
732 location and size, and may shall not require any mobile home
733 owner to install any permanent improvements, except that the
734 mobile home owner may be required to install permanent
735 improvements to the mobile home as disclosed in the prospectus.
736 Section 20. Subsection (5) of section 723.012, Florida
737 Statutes, is amended to read:
738 723.012 Prospectus or offering circular.—The prospectus or
739 offering circular, which is required to be provided by s.
740 723.011, must contain the following information:
741 (5) A description of the recreational and other common
742 facilities, if any, that will be used by the mobile home owners,
743 including, but not limited to:
744 (a) The number of buildings and each room thereof and its
745 intended purposes, location, approximate floor area, and
746 capacity in numbers of people.
747 (b) Each swimming pool, as to its general location,
748 approximate size and depths, and approximate deck size and
749 capacity and whether heated.
750 (c) All other facilities and permanent improvements that
751 which will serve the mobile home owners.
752 (d) A general description of the items of personal property
753 available for use by the mobile home owners.
754 (e) A general description of the days and hours that
755 facilities will be available for use.
756 (f) A statement as to whether all improvements are complete
757 and, if not, their estimated completion dates.
758
759 If a mobile home park owner intends to include additional
760 property and mobile home lots and to increase the number of lots
761 that will use the shared facilities of the park, the mobile home
762 park owner must amend the prospectus to disclose such additions.
763 If the number of mobile home lots in the park increases by more
764 than 15 percent of the total number of lots in the original
765 prospectus, the mobile home park owner must reasonably offset
766 the impact of the additional lots by increasing the shared
767 facilities. The amendment to the prospectus must include a
768 reasonable timeframe for providing the required additional
769 shared facilities. The costs and expenses necessary to increase
770 the shared facilities may not be passed on or passed through to
771 the existing mobile home owners.
772 Section 21. Section 723.023, Florida Statutes, is amended
773 to read:
774 723.023 Mobile home owner’s general obligations.—A mobile
775 home owner shall at all times:
776 (1) At all times comply with all obligations imposed on
777 mobile home owners by applicable provisions of building,
778 housing, and health codes, including compliance with all
779 building permits and construction requirements for construction
780 on the mobile home and lot. The home owner is responsible for
781 all fines imposed by the local government for noncompliance with
782 any local codes.
783 (2) At all times keep the mobile home lot that which he or
784 she occupies clean, neat, and sanitary, and maintained in
785 compliance with all local codes.
786 (3) At all times comply with properly promulgated park
787 rules and regulations and require other persons on the premises
788 with his or her consent to comply with such rules and to conduct
789 themselves, and other persons on the premises with his or her
790 consent, in a manner that does not unreasonably disturb other
791 residents of the park or constitute a breach of the peace.
792 (4) Receive written approval from the mobile home park
793 owner before making any exterior modification or addition to the
794 home.
795 (5) When vacating the premises, remove any debris and other
796 property of any kind which is left on the mobile home lot.
797 Section 22. Subsection (5) of section 723.031, Florida
798 Statutes, is amended to read:
799 723.031 Mobile home lot rental agreements.—
800 (5) The rental agreement must shall contain the lot rental
801 amount and services included. An increase in lot rental amount
802 upon expiration of the term of the lot rental agreement must
803 shall be in accordance with ss. 723.033 and 723.037 or s.
804 723.059(4), whichever is applicable;, provided that, pursuant to
805 s. 723.059(4), the amount of the lot rental increase is
806 disclosed and agreed to by the purchaser, in writing. An
807 increase in lot rental amount shall not be arbitrary or
808 discriminatory between similarly situated tenants in the park. A
809 lot rental amount may not be increased during the term of the
810 lot rental agreement, except:
811 (a) When the manner of the increase is disclosed in a lot
812 rental agreement with a term exceeding 12 months and which
813 provides for such increases not more frequently than annually.
814 (b) For pass-through charges as defined in s. 723.003.
815 (c) That a charge may not be collected which results in
816 payment of money for sums previously collected as part of the
817 lot rental amount. The provisions hereof notwithstanding, the
818 mobile home park owner may pass on, at any time during the term
819 of the lot rental agreement, ad valorem property taxes, non-ad
820 valorem assessments, and utility charges, or increases of
821 either, provided that the ad valorem property taxes, non-ad
822 valorem assessments, and utility charges are not otherwise being
823 collected in the remainder of the lot rental amount and provided
824 further that the passing on of such ad valorem taxes, non-ad
825 valorem assessments, or utility charges, or increases of either,
826 was disclosed prior to tenancy, was being passed on as a matter
827 of custom between the mobile home park owner and the mobile home
828 owner, or such passing on was authorized by law. A park owner is
829 deemed to have disclosed the passing on of ad valorem property
830 taxes and non-ad valorem assessments if ad valorem property
831 taxes or non-ad valorem assessments were disclosed as a separate
832 charge or a factor for increasing the lot rental amount in the
833 prospectus or rental agreement. Such ad valorem taxes, non-ad
834 valorem assessments, and utility charges shall be a part of the
835 lot rental amount as defined by this chapter. The term “non-ad
836 valorem assessments” has the same meaning as provided in s.
837 197.3632(1)(d). Other provisions of this chapter
838 notwithstanding, pass-on charges may be passed on only within 1
839 year of the date a mobile home park owner remits payment of the
840 charge. A mobile home park owner is prohibited from passing on
841 any fine, interest, fee, or increase in a charge resulting from
842 a park owner’s payment of the charge after the date such charges
843 become delinquent. A mobile home park owner is prohibited from
844 charging or collecting from the mobile home owners any sum for
845 ad valorem taxes or non-ad valorem tax charges in an amount in
846 excess of the sums remitted by the park owner to the tax
847 collector. Nothing herein shall prohibit a park owner and a
848 homeowner from mutually agreeing to an alternative manner of
849 payment to the park owner of the charges.
850 (d) If a notice of increase in lot rental amount is not
851 given 90 days before the renewal date of the rental agreement,
852 the rental agreement must remain under the same terms until a
853 90-day notice of increase in lot rental amount is given. The
854 notice may provide for a rental term shorter than 1 year in
855 order to maintain the same renewal date.
856 Section 23. Subsection (1) and paragraph (a) of subsection
857 (4) of section 723.037, Florida Statutes, are amended to read:
858 723.037 Lot rental increases; reduction in services or
859 utilities; change in rules and regulations; mediation.—
860 (1) A park owner shall give written notice to each affected
861 mobile home owner and the board of directors of the homeowners’
862 association, if one has been formed, at least 90 days before any
863 increase in lot rental amount or reduction in services or
864 utilities provided by the park owner or change in rules and
865 regulations. The park owner may give notice of all increases in
866 lot rental amount for multiple anniversary dates in the same 90
867 day notice. The notice must shall identify all other affected
868 homeowners, which may be by lot number, name, group, or phase.
869 If the affected homeowners are not identified by name, the park
870 owner shall make the names and addresses available upon request.
871 However, this requirement does not authorize the release of the
872 names, addresses, or other private information about the
873 homeowners to the association or any other person for any other
874 purpose. The home owner’s right to the 90-day notice may not be
875 waived or precluded by a home owner, or the homeowners’
876 committee, in an agreement with the park owner. Rules adopted as
877 a result of restrictions imposed by governmental entities and
878 required to protect the public health, safety, and welfare may
879 be enforced prior to the expiration of the 90-day period but are
880 not otherwise exempt from the requirements of this chapter.
881 Pass-through charges must be separately listed as to the amount
882 of the charge, the name of the governmental entity mandating the
883 capital improvement, and the nature or type of the pass-through
884 charge being levied. Notices of increase in the lot rental
885 amount due to a pass-through charge must shall state the
886 additional payment and starting and ending dates of each pass
887 through charge. The homeowners’ association shall have no
888 standing to challenge the increase in lot rental amount,
889 reduction in services or utilities, or change of rules and
890 regulations unless a majority of the affected homeowners agree,
891 in writing, to such representation.
892 (4)(a) A committee, not to exceed five in number,
893 designated by a majority of the affected mobile home owners or
894 by the board of directors of the homeowners’ association, if
895 applicable, and the park owner shall meet, at a mutually
896 convenient time and place no later than 60 days before the
897 effective date of the change to discuss the reasons for the
898 increase in lot rental amount, reduction in services or
899 utilities, or change in rules and regulations. The negotiating
900 committee shall make a written request for a meeting with the
901 park owner or subdivision developer to discuss those matters
902 addressed in the 90-day notice, and may include in the request a
903 listing of any other issue, with supporting documentation, that
904 the committee intends to raise and discuss at the meeting. The
905 committee shall address all lot rental amount increases that are
906 specified in the notice of lot rental amount increase,
907 regardless of the effective date of the increase.
908
909 This subsection is not intended to be enforced by civil or
910 administrative action. Rather, the meetings and discussions are
911 intended to be in the nature of settlement discussions prior to
912 the parties proceeding to mediation of any dispute.
913 Section 24. Subsections (5) and (6) are added to section
914 723.041, Florida Statutes, to read:
915 723.041 Entrance fees; refunds; exit fees prohibited;
916 replacement homes.—
917 (5) A mobile home park that is damaged or destroyed due to
918 wind, water, or other natural force may be rebuilt on the same
919 site with the same density as was approved, permitted, or built
920 before the park was damaged or destroyed.
921 (6) This section does not limit the regulation of the
922 uniform firesafety standards established under s. 633.206, but
923 supersedes any other density, separation, setback, or lot size
924 regulation adopted after initial permitting and construction of
925 the mobile home park.
926 Section 25. Section 723.042, Florida Statutes, is amended
927 to read:
928 723.042 Provision of improvements.—A No person may not
929 shall be required by a mobile home park owner or developer, as a
930 condition of residence in the mobile home park, to provide any
931 improvement unless the requirement is disclosed pursuant to s.
932 723.012(7) s. 723.011 prior to occupancy in the mobile home
933 park.
934 Section 26. Section 723.059, Florida Statutes, is amended
935 to read:
936 723.059 Rights of Purchaser of a mobile home within a
937 mobile home park.—
938 (1) The purchaser of a mobile home within a mobile home
939 park may become a tenant of the park if such purchaser would
940 otherwise qualify with the requirements of entry into the park
941 under the park rules and regulations, subject to the approval of
942 the park owner, but such approval may not be unreasonably
943 withheld. The purchaser of the mobile home may cancel or rescind
944 the contract for purchase of the mobile home if the purchaser’s
945 tenancy has not been approved by the park owner 5 days before
946 the closing of the purchase.
947 (2) Properly promulgated rules may provide for the
948 screening of any prospective purchaser to determine whether or
949 not such purchaser is qualified to become a tenant of the park.
950 (3) The purchaser of a mobile home who intends to become
951 becomes a resident of the mobile home park in accordance with
952 this section has the right to assume the remainder of the term
953 of any rental agreement then in effect between the mobile home
954 park owner and the seller and may assume the seller’s
955 prospectus. However, nothing herein shall prohibit a mobile home
956 park owner from offering the purchaser of a mobile home any
957 approved prospectus shall be entitled to rely on the terms and
958 conditions of the prospectus or offering circular as delivered
959 to the initial recipient.
960 (4) However, nothing herein shall be construed to prohibit
961 a mobile home park owner from increasing the rental amount to be
962 paid by the purchaser upon the expiration of the assumed rental
963 agreement in an amount deemed appropriate by the mobile home
964 park owner, so long as such increase is disclosed to the
965 purchaser prior to his or her occupancy and is imposed in a
966 manner consistent with the purchaser’s initial offering circular
967 or prospectus and this act.
968 (5) Lifetime leases and the renewal provisions in
969 automatically renewable leases, both those existing and those
970 entered into after July 1, 1986, are not assumable unless
971 otherwise provided in the mobile home lot rental agreement or
972 unless the transferee is the home owner’s spouse. The right to
973 an assumption of the lease by a spouse may be exercised only one
974 time during the term of that lease.
975 Section 27. Paragraph (d) of subsection (1) and subsection
976 (4) of section 723.061, Florida Statutes, are amended, and
977 subsection (5) is added to that section, to read:
978 723.061 Eviction; grounds, proceedings.—
979 (1) A mobile home park owner may evict a mobile home owner,
980 a mobile home tenant, a mobile home occupant, or a mobile home
981 only on one or more of the following grounds:
982 (d) Change in use of the land comprising the mobile home
983 park, or the portion thereof from which mobile homes are to be
984 evicted, from mobile home lot rentals to some other use, if:
985 1. The park owner gives written notice to the homeowners’
986 association formed and operating under ss. 723.075-723.079 of
987 its right to purchase the mobile home park, if the land
988 comprising the mobile home park is changing use from mobile home
989 lot rentals to a different use, at the price and under the terms
990 and conditions set forth in the written notice.
991 a. The notice shall be delivered to the officers of the
992 homeowners’ association by United States mail. Within 45 days
993 after the date of mailing of the notice, the homeowners’
994 association may execute and deliver a contract to the park owner
995 to purchase the mobile home park at the price and under the
996 terms and conditions set forth in the notice. If the contract
997 between the park owner and the homeowners’ association is not
998 executed and delivered to the park owner within the 45-day
999 period, the park owner is under no further obligation to the
1000 homeowners’ association except as provided in sub-subparagraph
1001 b.
1002 b. If the park owner elects to offer or sell the mobile
1003 home park at a price lower than the price specified in her or
1004 his initial notice to the officers of the homeowners’
1005 association, the homeowners’ association has an additional 10
1006 days to meet the revised price, terms, and conditions of the
1007 park owner by executing and delivering a revised contract to the
1008 park owner.
1009 c. The park owner is not obligated under this subparagraph
1010 or s. 723.071 to give any other notice to, or to further
1011 negotiate with, the homeowners’ association for the sale of the
1012 mobile home park to the homeowners’ association after 6 months
1013 after the date of the mailing of the initial notice under sub
1014 subparagraph a.
1015 2. The park owner gives the affected mobile home owners and
1016 tenants at least 6 months’ notice of the eviction due to the
1017 projected change in use and of their need to secure other
1018 accommodations. Within 20 days after giving an eviction notice
1019 to a mobile home owner, the park owner must provide the division
1020 with a copy of the notice. The division must provide the
1021 executive director of the Florida Mobile Home Relocation
1022 Corporation with a copy of the notice.
1023 a. The notice of eviction due to a change in use of the
1024 land must include in a font no smaller than the body of the
1025 notice the following statement:
1026
1027 YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME
1028 RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME
1029 RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
1030 AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND
1031 PROFESSIONAL REGULATION.
1032
1033 b. The park owner may not give a notice of increase in lot
1034 rental amount within 90 days before giving notice of a change in
1035 use.
1036 (4) Except for the notice to the officers of the
1037 homeowners’ association under subparagraph (1)(d)1., any notice
1038 required by this section must be in writing, and must be posted
1039 on the premises and sent to the mobile home owner and tenant or
1040 occupant, as appropriate, by United States mail certified or
1041 registered mail, return receipt requested, addressed to the
1042 mobile home owner and tenant or occupant, as appropriate, at her
1043 or his last known address. Delivery of the mailed notice is
1044 shall be deemed given 5 days after the date of postmark.
1045 (5) A park owner who accepts payment of any portion of the
1046 lot rental amount with actual knowledge of noncompliance after
1047 notice and termination of the rental agreement due to a
1048 violation under paragraph (1)(b), paragraph (1)(c), or paragraph
1049 (1)(e) does not waive the right to terminate the rental
1050 agreement or the right to bring a civil action for the
1051 noncompliance, but not for any subsequent or continuing
1052 noncompliance. Any rent so received must be accounted for at the
1053 final hearing.
1054 Section 28. Subsection (1) of section 723.076, Florida
1055 Statutes, is amended to read:
1056 723.076 Incorporation; notification of park owner.—
1057 (1) Upon receipt of its certificate of incorporation, the
1058 homeowners’ association shall notify the park owner in writing
1059 of such incorporation and shall advise the park owner of the
1060 names and addresses of the officers of the homeowners’
1061 association by personal delivery upon the park owner’s
1062 representative as designated in the prospectus or by certified
1063 mail, return receipt requested. Thereafter, the homeowners’
1064 association shall notify the park owner in writing by certified
1065 mail, return receipt requested, of any change of names and
1066 addresses of its president or registered agent. Upon election or
1067 appointment of new officers or members, the homeowners’
1068 association shall notify the park owner in writing by certified
1069 mail, return receipt requested, of the names and addresses of
1070 the new officers or members.
1071 Section 29. Paragraphs (b) through (e) of subsection (2) of
1072 section 723.078, Florida Statutes, are amended, and paragraph
1073 (i) of that subsection is reenacted, to read:
1074 723.078 Bylaws of homeowners’ associations.—
1075 (2) The bylaws shall provide and, if they do not, shall be
1076 deemed to include, the following provisions:
1077 (b) Quorum; voting requirements; proxies.—
1078 1. Unless otherwise provided in the bylaws, 30 percent of
1079 the total membership is required to constitute a quorum.
1080 Decisions shall be made by a majority of members represented at
1081 a meeting at which a quorum is present.
1082 2.a. A member may not vote by general proxy but may vote by
1083 limited proxies substantially conforming to a limited proxy form
1084 adopted by the division. Limited proxies and general proxies may
1085 be used to establish a quorum. Limited proxies may be used for
1086 votes taken to amend the articles of incorporation or bylaws
1087 pursuant to this section, and any other matters for which this
1088 chapter requires or permits a vote of members. A, except that no
1089 proxy, limited or general, may not be used in the election of
1090 board members in general elections or elections to fill
1091 vacancies caused by recall, resignation, or otherwise. Board
1092 members must be elected by written ballot or by voting in
1093 person. If a mobile home or subdivision lot is owned jointly,
1094 the owners of the mobile home or subdivision lot must be counted
1095 as one for the purpose of determining the number of votes
1096 required for a majority. Only one vote per mobile home or
1097 subdivision lot shall be counted. Any number greater than 50
1098 percent of the total number of votes constitutes a majority.
1099 Notwithstanding this section, members may vote in person at
1100 member meetings or by secret ballot, including absentee ballots,
1101 as defined by the division.
1102 b. Elections shall be decided by a plurality of the ballots
1103 cast. There is no quorum requirement; however, at least 20
1104 percent of the eligible voters must cast a ballot in order to
1105 have a valid election. A member may not allow any other person
1106 to cast his or her ballot, and any ballots improperly cast are
1107 invalid. An election is not required unless there are more
1108 candidates nominated than vacancies that exist on the board.
1109 c. Each member or other eligible person who desires to be a
1110 candidate for the board of directors shall appear on the ballot
1111 in alphabetical order by surname. A ballot may not indicate if
1112 any of the candidates are incumbent on the board. All ballots
1113 must be uniform in appearance. Write-in candidates and more than
1114 one vote per candidate per ballot are not allowed. A ballot may
1115 not provide a space for the signature of, or any other means of
1116 identifying, a voter. If a ballot contains more votes than
1117 vacancies or fewer votes than vacancies, the ballot is invalid
1118 unless otherwise stated in the bylaws.
1119 d. An impartial committee shall be responsible for
1120 overseeing the election process and complying with all ballot
1121 requirements. For purposes of this section, the term “impartial
1122 committee” means a committee whose members do not include any of
1123 the following people or their spouses:
1124 (I) Current board members.
1125 (II) Current association officers.
1126 (III) Candidates for the association or board.
1127 e. The association bylaws shall provide a method for
1128 determining the winner of an election in which two or more
1129 candidates for the same position receive the same number of
1130 votes.
1131 f. The division shall adopt procedural rules to govern
1132 elections, including, but not limited to, rules for providing
1133 notice by electronic transmission and rules for maintaining the
1134 secrecy of ballots.
1135 3. A proxy is effective only for the specific meeting for
1136 which originally given and any lawfully adjourned meetings
1137 thereof. In no event shall any proxy be valid for a period
1138 longer than 90 days after the date of the first meeting for
1139 which it was given. Every proxy shall be revocable at any time
1140 at the pleasure of the member executing it.
1141 4. A member of the board of directors or a committee may
1142 submit in writing his or her agreement or disagreement with any
1143 action taken at a meeting that the member did not attend. This
1144 agreement or disagreement may not be used as a vote for or
1145 against the action taken and may not be used for the purposes of
1146 creating a quorum.
1147 (c) Board of directors’ and committee meetings.—
1148 1. Meetings of the board of directors and meetings of its
1149 committees at which a quorum is present shall be open to all
1150 members. Notwithstanding any other provision of law, the
1151 requirement that board meetings and committee meetings be open
1152 to the members does not apply to meetings between the park owner
1153 and the board of directors or any of the board’s committees,
1154 board or committee meetings held for the purpose of discussing
1155 personnel matters, or meetings between the board or a committee
1156 and the association’s attorney, with respect to potential or
1157 pending litigation, when where the meeting is held for the
1158 purpose of seeking or rendering legal advice, and when where the
1159 contents of the discussion would otherwise be governed by the
1160 attorney-client privilege. Notice of all meetings open to
1161 members shall be posted in a conspicuous place upon the park
1162 property at least 48 hours in advance, except in an emergency.
1163 Notice of any meeting in which dues assessments against members
1164 are to be considered for any reason shall specifically contain a
1165 statement that dues assessments will be considered and the
1166 nature of such dues assessments.
1167 2. A board or committee member’s participation in a meeting
1168 via telephone, real-time videoconferencing, or similar real-time
1169 telephonic, electronic, or video communication counts toward a
1170 quorum, and such member may vote as if physically present. A
1171 speaker shall be used so that the conversation of those board or
1172 committee members attending by telephone may be heard by the
1173 board or committee members attending in person, as well as by
1174 members present at a meeting.
1175 3. Members of the board of directors may use e-mail as a
1176 means of communication but may not cast a vote on an association
1177 matter via e-mail.
1178 4. The right to attend meetings of the board of directors
1179 and its committees includes the right to speak at such meetings
1180 with reference to all designated agenda items. The association
1181 may adopt reasonable written rules governing the frequency,
1182 duration, and manner of members’ statements. Any item not
1183 included on the notice may be taken up on an emergency basis by
1184 at least a majority plus one of the members of the board. Such
1185 emergency action shall be noticed and ratified at the next
1186 regular meeting of the board. Any member may tape record or
1187 videotape meetings of the board of directors and its committees,
1188 except meetings between the board of directors or its appointed
1189 homeowners’ committee and the park owner. The division shall
1190 adopt reasonable rules governing the tape recording and
1191 videotaping of the meeting.
1192 5. Except as provided in paragraph (i), a vacancy occurring
1193 on the board of directors may be filled by the affirmative vote
1194 of the majority of the remaining directors, even though the
1195 remaining directors constitute less than a quorum; by the sole
1196 remaining director; if the vacancy is not so filled or if no
1197 director remains, by the members; or, on the application of any
1198 person, by the circuit court of the county in which the
1199 registered office of the corporation is located.
1200 6. The term of a director elected or appointed to fill a
1201 vacancy expires at the next annual meeting at which directors
1202 are elected. A directorship to be filled by reason of an
1203 increase in the number of directors may be filled by the board
1204 of directors, but only for the term of office continuing until
1205 the next election of directors by the members.
1206 7. A vacancy that will occur at a specific later date, by
1207 reason of a resignation effective at a later date, may be filled
1208 before the vacancy occurs. However, the new director may not
1209 take office until the vacancy occurs.
1210 8.a. The officers and directors of the association have a
1211 fiduciary relationship to the members.
1212 b. A director and committee member shall discharge his or
1213 her duties in good faith, with the care an ordinarily prudent
1214 person in a like position would exercise under similar
1215 circumstances, and in a manner he or she reasonably believes to
1216 be in the best interests of the corporation.
1217 9. In discharging his or her duties, a director may rely on
1218 information, opinions, reports, or statements, including
1219 financial statements and other financial data, if prepared or
1220 presented by:
1221 a. One or more officers or employees of the corporation who
1222 the director reasonably believes to be reliable and competent in
1223 the matters presented;
1224 b. Legal counsel, public accountants, or other persons as
1225 to matters the director reasonably believes are within the
1226 persons’ professional or expert competence; or
1227 c. A committee of the board of directors of which he or she
1228 is not a member if the director reasonably believes the
1229 committee merits confidence.
1230 10. A director is not acting in good faith if he or she has
1231 knowledge concerning the matter in question that makes reliance
1232 otherwise permitted by subparagraph 9. unwarranted.
1233 11. A director is not liable for any action taken as a
1234 director, or any failure to take any action, if he or she
1235 performed the duties of his or her office in compliance with
1236 this section.
1237 (d) Member meetings.—Members shall meet at least once each
1238 calendar year, and the meeting shall be the annual meeting. All
1239 members of the board of directors shall be elected at the annual
1240 meeting unless the bylaws provide for staggered election terms
1241 or for their election at another meeting. The bylaws shall not
1242 restrict any member desiring to be a candidate for board
1243 membership from being nominated from the floor. All nominations
1244 from the floor must be made at a duly noticed meeting of the
1245 members held at least 27 30 days before the annual meeting. The
1246 bylaws shall provide the method for calling the meetings of the
1247 members, including annual meetings. The method shall provide at
1248 least 14 days’ written notice to each member in advance of the
1249 meeting and require the posting in a conspicuous place on the
1250 park property of a notice of the meeting at least 14 days prior
1251 to the meeting. The right to receive written notice of
1252 membership meetings may be waived in writing by a member. Unless
1253 waived, the notice of the annual meeting shall be mailed, hand
1254 delivered, or electronically transmitted to each member, and
1255 shall constitute notice. Unless otherwise stated in the bylaws,
1256 an officer of the association shall provide an affidavit
1257 affirming that the notices were mailed, or hand delivered, or
1258 provided by electronic transmission in accordance with the
1259 provisions of this section to each member at the address last
1260 furnished to the corporation. These meeting requirements do not
1261 prevent members from waiving notice of meetings or from acting
1262 by written agreement without meetings, if allowed by the bylaws.
1263 (e) Minutes of meetings.—
1264 1. Notwithstanding any other provision of law, the minutes
1265 of board or committee meetings that are closed to members are
1266 privileged and confidential and are not available for inspection
1267 or photocopying.
1268 2. Minutes of all meetings of members of an association and
1269 meetings open to members of, the board of directors, and a
1270 committee of the board must be maintained in written form and
1271 approved by the members, board, or committee, as applicable. A
1272 vote or abstention from voting on each matter voted upon for
1273 each director present at a board meeting must be recorded in the
1274 minutes.
1275 3.2. All approved minutes of open meetings of members,
1276 committees, and the board of directors shall be kept in a
1277 businesslike manner and shall be available for inspection by
1278 members, or their authorized representatives, and board members
1279 at reasonable times. The association shall retain these minutes
1280 within this state for a period of at least 5 7 years.
1281 (i) Recall of board members.—Any member of the board of
1282 directors may be recalled and removed from office with or
1283 without cause by the vote of or agreement in writing by a
1284 majority of all members. A special meeting of the members to
1285 recall a member or members of the board of directors may be
1286 called by 10 percent of the members giving notice of the meeting
1287 as required for a meeting of members, and the notice shall state
1288 the purpose of the meeting. Electronic transmission may not be
1289 used as a method of giving notice of a meeting called in whole
1290 or in part for this purpose.
1291 1. If the recall is approved by a majority of all members
1292 by a vote at a meeting, the recall is effective as provided in
1293 this paragraph. The board shall duly notice and hold a board
1294 meeting within 5 full business days after the adjournment of the
1295 member meeting to recall one or more board members. At the
1296 meeting, the board shall either certify the recall, in which
1297 case such member or members shall be recalled effective
1298 immediately and shall turn over to the board within 5 full
1299 business days any and all records and property of the
1300 association in their possession, or shall proceed under
1301 subparagraph 3.
1302 2. If the proposed recall is by an agreement in writing by
1303 a majority of all members, the agreement in writing or a copy
1304 thereof shall be served on the association by certified mail or
1305 by personal service in the manner authorized by chapter 48 and
1306 the Florida Rules of Civil Procedure. The board of directors
1307 shall duly notice and hold a meeting of the board within 5 full
1308 business days after receipt of the agreement in writing. At the
1309 meeting, the board shall either certify the written agreement to
1310 recall members of the board, in which case such members shall be
1311 recalled effective immediately and shall turn over to the board,
1312 within 5 full business days, any and all records and property of
1313 the association in their possession, or shall proceed as
1314 described in subparagraph 3.
1315 3. If the board determines not to certify the written
1316 agreement to recall members of the board, or does not certify
1317 the recall by a vote at a meeting, the board shall, within 5
1318 full business days after the board meeting, file with the
1319 division a petition for binding arbitration pursuant to the
1320 procedures of s. 723.1255. For purposes of this paragraph, the
1321 members who voted at the meeting or who executed the agreement
1322 in writing shall constitute one party under the petition for
1323 arbitration. If the arbitrator certifies the recall of a member
1324 of the board, the recall shall be effective upon mailing of the
1325 final order of arbitration to the association. If the
1326 association fails to comply with the order of the arbitrator,
1327 the division may take action under s. 723.006. A member so
1328 recalled shall deliver to the board any and all records and
1329 property of the association in the member’s possession within 5
1330 full business days after the effective date of the recall.
1331 4. If the board fails to duly notice and hold a board
1332 meeting within 5 full business days after service of an
1333 agreement in writing or within 5 full business days after the
1334 adjournment of the members’ recall meeting, the recall shall be
1335 deemed effective and the board members so recalled shall
1336 immediately turn over to the board all records and property of
1337 the association.
1338 5. If the board fails to duly notice and hold the required
1339 meeting or fails to file the required petition, the member’s
1340 representative may file a petition pursuant to s. 723.1255
1341 challenging the board’s failure to act. The petition must be
1342 filed within 60 days after expiration of the applicable 5-full
1343 business-day period. The review of a petition under this
1344 subparagraph is limited to the sufficiency of service on the
1345 board and the facial validity of the written agreement or
1346 ballots filed.
1347 6. If a vacancy occurs on the board as a result of a recall
1348 and less than a majority of the board members are removed, the
1349 vacancy may be filled by the affirmative vote of a majority of
1350 the remaining directors, notwithstanding any other provision of
1351 this chapter. If vacancies occur on the board as a result of a
1352 recall and a majority or more of the board members are removed,
1353 the vacancies shall be filled in accordance with procedural
1354 rules to be adopted by the division, which rules need not be
1355 consistent with this chapter. The rules must provide procedures
1356 governing the conduct of the recall election as well as the
1357 operation of the association during the period after a recall
1358 but before the recall election.
1359 7. A board member who has been recalled may file a petition
1360 pursuant to s. 723.1255 challenging the validity of the recall.
1361 The petition must be filed within 60 days after the recall is
1362 deemed certified. The association and the member’s
1363 representative shall be named as the respondents.
1364 8. The division may not accept for filing a recall
1365 petition, whether or not filed pursuant to this subsection, and
1366 regardless of whether the recall was certified, when there are
1367 60 or fewer days until the scheduled reelection of the board
1368 member sought to be recalled or when 60 or fewer days have not
1369 elapsed since the election of the board member sought to be
1370 recalled.
1371 Section 30. Paragraphs (d) and (f) through (i) of
1372 subsection (4) and subsection (5) of section 723.079, Florida
1373 Statutes, are amended to read:
1374 723.079 Powers and duties of homeowners’ association.—
1375 (4) The association shall maintain the following items,
1376 when applicable, which constitute the official records of the
1377 association:
1378 (d) The approved minutes of all meetings of the members of
1379 an association and meetings open for members of, the board of
1380 directors, and committees of the board, which minutes must be
1381 retained within this the state for at least 5 7 years.
1382 (f) All of the association’s insurance policies or copies
1383 thereof, which must be retained within this state for at least 5
1384 7 years after the expiration date of the policy.
1385 (g) A copy of all contracts or agreements to which the
1386 association is a party, including, without limitation, any
1387 written agreements with the park owner, lease, or other
1388 agreements or contracts under which the association or its
1389 members has any obligation or responsibility, which must be
1390 retained within this state for at least 5 7 years after the
1391 expiration date of the contract or agreement.
1392 (h) The financial and accounting records of the
1393 association, kept according to good accounting practices. All
1394 financial and accounting records must be maintained within this
1395 state for a period of at least 5 7 years. The financial and
1396 accounting records must include:
1397 1. Accurate, itemized, and detailed records of all receipts
1398 and expenditures.
1399 2. A current account and a periodic statement of the
1400 account for each member, designating the name and current
1401 address of each member who is obligated to pay dues or
1402 assessments, the due date and amount of each assessment or other
1403 charge against the member, the date and amount of each payment
1404 on the account, and the balance due.
1405 3. All tax returns, financial statements, and financial
1406 reports of the association.
1407 4. Any other records that identify, measure, record, or
1408 communicate financial information.
1409 (i) All other written records of the association not
1410 specifically included in the foregoing which are related to the
1411 operation of the association must be retained within this state
1412 for at least 5 years or at least 5 years after the expiration
1413 date, as applicable.
1414 (5) The official records shall be maintained within the
1415 state for at least 7 years and shall be made available to a
1416 member for inspection or photocopying within 20 10 business days
1417 after receipt by the board or its designee of a written request
1418 submitted by certified mail, return receipt requested. The
1419 requirements of this subsection are satisfied by having a copy
1420 of the official records available for inspection or copying in
1421 the park or, at the option of the association, by making the
1422 records available to a member electronically via the Internet or
1423 by allowing the records to be viewed in electronic format on a
1424 computer screen and printed upon request. If the association has
1425 a photocopy machine available where the records are maintained,
1426 it must provide a member with copies on request during the
1427 inspection if the entire request is no more than 25 pages. An
1428 association shall allow a member or his or her authorized
1429 representative to use a portable device, including a smartphone,
1430 tablet, portable scanner, or any other technology capable of
1431 scanning or taking photographs, to make an electronic copy of
1432 the official records in lieu of the association’s providing the
1433 member or his or her authorized representative with a copy of
1434 such records. The association may not charge a fee to a member
1435 or his or her authorized representative for the use of a
1436 portable device.
1437 (a) The failure of an association to provide access to the
1438 records within 20 10 business days after receipt of a written
1439 request submitted by certified mail, return receipt requested,
1440 creates a rebuttable presumption that the association willfully
1441 failed to comply with this subsection.
1442 (b) A member who is denied access to official records is
1443 entitled to the actual damages or minimum damages for the
1444 association’s willful failure to comply with this subsection in
1445 the amount of. The minimum damages are to be $10 per calendar
1446 day up to 10 days, not to exceed $100. The calculation for
1447 damages begins to begin on the 21st 11th business day after
1448 receipt of the written request, submitted by certified mail,
1449 return receipt requested.
1450 (c) A dispute between a member and an association regarding
1451 inspecting or photocopying official records must be submitted to
1452 mandatory binding arbitration with the division, and the
1453 arbitration must be conducted pursuant to s. 723.1255 and
1454 procedural rules adopted by the division.
1455 (d) The association may adopt reasonable written rules
1456 governing the frequency, time, location, notice, records to be
1457 inspected, and manner of inspections, but may not require a
1458 member to demonstrate a proper purpose for the inspection, state
1459 a reason for the inspection, or limit a member’s right to
1460 inspect records to less than 1 business day per month. The
1461 association may impose fees to cover the costs of providing
1462 copies of the official records, including the costs of copying
1463 and for personnel to retrieve and copy the records if the time
1464 spent retrieving and copying the records exceeds 30 minutes and
1465 if the personnel costs do not exceed $20 per hour. Personnel
1466 costs may not be charged for records requests that result in the
1467 copying of 25 or fewer pages. The association may charge up to
1468 25 cents per page for copies made on the association’s
1469 photocopier. If the association does not have a photocopy
1470 machine available where the records are kept, or if the records
1471 requested to be copied exceed 25 pages in length, the
1472 association may have copies made by an outside duplicating
1473 service and may charge the actual cost of copying, as supported
1474 by the vendor invoice. The association shall maintain an
1475 adequate number of copies of the recorded governing documents,
1476 to ensure their availability to members and prospective members.
1477 Notwithstanding this paragraph, the following records are not
1478 accessible to members or home owners:
1479 1. A record protected by the lawyer-client privilege as
1480 described in s. 90.502 and a record protected by the work
1481 product privilege, including, but not limited to, a record
1482 prepared by an association attorney or prepared at the
1483 attorney’s express direction which reflects a mental impression,
1484 conclusion, litigation strategy, or legal theory of the attorney
1485 or the association and which was prepared exclusively for civil
1486 or criminal litigation, for adversarial administrative
1487 proceedings, or in anticipation of such litigation or
1488 proceedings until the conclusion of the litigation or
1489 proceedings.
1490 2. E-mail addresses, telephone numbers, facsimile numbers,
1491 emergency contact information, any addresses for a home owner
1492 other than as provided for association notice requirements, and
1493 other personal identifying information of any person, excluding
1494 the person’s name, lot designation, mailing address, and
1495 property address. Notwithstanding the restrictions in this
1496 subparagraph, an association may print and distribute to home
1497 owners a directory containing the name, park address, and
1498 telephone number of each home owner. However, a home owner may
1499 exclude his or her telephone number from the directory by so
1500 requesting in writing to the association. The association is not
1501 liable for the disclosure of information that is protected under
1502 this subparagraph if the information is included in an official
1503 record of the association and is voluntarily provided by a home
1504 owner and not requested by the association.
1505 3. An electronic security measure that is used by the
1506 association to safeguard data, including passwords.
1507 4. The software and operating system used by the
1508 association which allows the manipulation of data, even if the
1509 home owner owns a copy of the same software used by the
1510 association. The data is part of the official records of the
1511 association.
1512 Section 31. Section 723.1255, Florida Statutes, is amended
1513 to read:
1514 723.1255 Alternative resolution of recall, election, and
1515 inspection and photocopying of official records disputes.—
1516 (1) A dispute between a mobile home owner and a homeowners’
1517 association regarding the election and recall of officers or
1518 directors under s. 723.078(2)(b) or regarding the inspection and
1519 photocopying of official records under s. 723.079(5) must be
1520 submitted to mandatory binding arbitration with the division.
1521 The arbitration shall be conducted in accordance with this
1522 section and the procedural rules adopted by the division.
1523 (2) Each party shall be responsible for paying its own
1524 attorney fees, expert and investigator fees, and associated
1525 costs. The cost of the arbitrators shall be divided equally
1526 between the parties regardless of the outcome.
1527 (3) The division shall adopt procedural rules to govern
1528 mandatory binding arbitration proceedings The Division of
1529 Florida Condominiums, Timeshares, and Mobile Homes of the
1530 Department of Business and Professional Regulation shall adopt
1531 rules of procedure to govern binding recall arbitration
1532 proceedings.
1533
1534 ================= T I T L E A M E N D M E N T ================
1535 And the title is amended as follows:
1536 Delete lines 7 - 102
1537 and insert:
1538 conditions under which local governments are
1539 authorized to adopt ordinances that allow accessory
1540 dwelling units in any area zoned for single-family
1541 residential use; amending s. 163.31801, F.S.;
1542 requiring counties, municipalities, and special
1543 districts to include certain data relating to impact
1544 fees in their annual financial reports; amending s.
1545 166.04151, F.S.; authorizing governing bodies of
1546 municipalities to approve the development of
1547 affordable housing on any parcel zoned for
1548 residential, commercial, or industrial use; amending
1549 s. 196.196, F.S.; providing that property owned by a
1550 person granted a specified exemption is used for a
1551 charitable purpose under certain circumstances;
1552 authorizing the board of county commissioners of a
1553 county or the governing authority of a municipality to
1554 adopt certain ordinances related to ad valorem tax
1555 exemptions; amending s. 196.1978, F.S.; requiring
1556 certain units to be treated as portions of property
1557 exempt from ad valorem taxation under certain
1558 circumstances; amending s. 320.77, F.S.; revising a
1559 certification requirement for mobile home dealer
1560 applicants relating to the applicant’s business
1561 location; amending s. 320.771, F.S.; exempting certain
1562 recreational vehicle dealer applicants from a garage
1563 liability insurance requirement; amending s. 320.822,
1564 F.S.; revising the definition of the term “code”;
1565 amending s. 320.8232, F.S.; revising applicable
1566 standards for the repair and remodeling of mobile and
1567 manufactured homes; amending s. 367.022, F.S.;
1568 revising an exemption from regulation for certain
1569 water service resellers; exempting certain mobile home
1570 park and mobile home subdivision owners from
1571 regulation by the Florida Public Service Commission
1572 relating to water and wastewater systems; amending s.
1573 420.5087, F.S.; revising the criteria used by a review
1574 committee when evaluating and selecting specified
1575 applications for state apartment incentive loans;
1576 amending s. 420.5095, F.S.; renaming the Community
1577 Workforce Housing Innovation Pilot Program as the
1578 Community Workforce Housing Loan Program to provide
1579 workforce housing for persons affected by the high
1580 cost of housing; revising the definition of the term
1581 “workforce housing”; deleting the definition of the
1582 term “public-private partnership”; authorizing the
1583 corporation to provide loans under the program to
1584 applicants for construction of workforce housing;
1585 requiring the corporation to establish a certain loan
1586 application process; deleting provisions requiring the
1587 corporation to provide incentives for local
1588 governments to use certain funds; requiring projects
1589 to receive priority consideration for funding under
1590 certain circumstances; deleting a provision providing
1591 for the expedition of local government comprehensive
1592 plan amendments to implement a program project;
1593 requiring that the corporation award loans at a
1594 specified interest rate and for a limited term;
1595 conforming provisions to changes made by the act;
1596 deleting a provision authorizing the corporation to
1597 use a maximum percentage of a specified appropriation
1598 for administration and compliance; amending s.
1599 420.531, F.S.; specifying that technical support
1600 provided to local governments and community-based
1601 organizations includes implementation of the State
1602 Apartment Incentive Loan Program; requiring the entity
1603 providing training and technical assistance to convene
1604 and administer biannual workshops; providing
1605 requirements for such workshops; requiring such entity
1606 to annually compile and submit certain information to
1607 the Legislature and the corporation by a specified
1608 date; amending s. 420.9073, F.S.; authorizing the
1609 corporation to prioritize a portion of the State
1610 Apartment Incentive Loan funding set aside for certain
1611 purposes; requiring that such funding be used for
1612 housing for certain persons in foster care or persons
1613 aging out of foster care; providing requirements for
1614 such housing; requiring the corporation to consult
1615 with the Department of Children and Families to create
1616 minimum criteria for such housing; amending s.
1617 420.9075, F.S.; revising requirements for reports
1618 submitted to the corporation by counties and certain
1619 municipalities; amending s. 420.9076, F.S.; beginning
1620 on a specified date, revising the membership of local
1621 affordable housing advisory committees; requiring the
1622 committees to perform specified duties annually
1623 instead of triennially; revising duties of the
1624 committees; requiring locally elected officials
1625 serving on advisory committees, or their designees, to
1626 attend biannual regional workshops; providing a
1627 penalty; amending s. 423.02, F.S.; exempting certain
1628 nonprofit instrumentalities from all taxes and special
1629 assessments of the state or any city, town, county, or
1630 political subdivision of the state under certain
1631 conditions; authorizing such nonprofit
1632 instrumentalities to agree to make payments to any
1633 city, town, county, or political subdivision of the
1634 state for services, improvements, or facilities
1635 furnished by such city, town, county, or political
1636 subdivision for the benefit of a certain housing
1637 project; prohibiting a city, town, county, or
1638 political subdivision of the state from renaming,
1639 modifying terminology, or otherwise changing a tax or
1640 assessment with a certain intent; amending s. 723.011,
1641 F.S.; providing that a mobile home owner may be
1642 required to install permanent improvements as
1643 disclosed in the mobile home park prospectus; amending
1644 s. 723.012, F.S.; requiring a mobile home park owner
1645 to amend its prospectus under certain circumstances;
1646 requiring a mobile home park owner to increase shared
1647 facilities under certain circumstances; providing a
1648 requirement for the prospectus amendment; prohibiting
1649 certain costs and expenses from being passed on or
1650 passed through to existing mobile home owners;
1651 amending s. 723.023, F.S.; revising general
1652 obligations for mobile home owners; amending s.
1653 723.031, F.S.; revising construction relating to a
1654 park owner’s disclosure of certain taxes and
1655 assessments; prohibiting a mobile home park owner from
1656 charging or collecting certain taxes or charges in
1657 excess of a certain amount; amending s. 723.037, F.S.;
1658 authorizing mobile home park owners to give notice of
1659 lot rental increases for multiple anniversary dates in
1660 one notice; providing construction; revising a
1661 requirement for a lot rental negotiation committee;
1662 amending s. 723.041, F.S.; providing that a mobile
1663 home park damaged or destroyed due to natural force
1664 may be rebuilt with the same density as previously
1665 approved, permitted, or built; providing construction;
1666 amending s. 723.042, F.S.; conforming a provision to
1667 changes made by the act; amending s. 723.059, F.S.;
1668 authorizing certain mobile home purchasers to assume
1669 the seller’s prospectus; authorizing a mobile home
1670 park owner to offer a purchaser any approved
1671 prospectus; amending s. 723.061, F.S.; revising
1672 requirements related to the provision and mailing of
1673 eviction notices; specifying the waiver and nonwaiver
1674 of certain rights of mobile home park owners under
1675 certain circumstances; requiring the accounting at
1676 final hearing of rents received; amending s. 723.076,
1677 F.S.; providing a notice requirement for homeowners’
1678 associations to park owners after the election or
1679 appointment of new officers or members; amending s.
1680 723.078, F.S.; revising requirements for homeowners’
1681 association board elections and ballots; requiring an
1682 impartial committee to be responsible for overseeing
1683 the election process and complying with ballot
1684 requirements; defining the term “impartial committee”;
1685 requiring that association bylaws provide a method for
1686 determining the winner of an election under certain
1687 circumstances; requiring the division to adopt
1688 procedural rules; revising the types of meetings that
1689 are not required to be open to members; providing an
1690 exception to a requirement for an officer of an
1691 association to provide an affidavit affirming certain
1692 information; authorizing meeting notices to be
1693 provided by electronic means; providing that the
1694 minutes of certain board and committee meetings are
1695 privileged and confidential; conforming provisions to
1696 changes made by the act; amending s. 723.079, F.S.;
1697 revising homeowners’ association recordkeeping
1698 requirements; revising the timeframes during which
1699 certain records are required to be retained and be
1700 made available for inspection or photocopying;
1701 limiting the amount of damages for which an
1702 association is liable when a member is denied access
1703 to official records; requiring that certain disputes
1704 be submitted to mandatory binding arbitration with the
1705 division; providing requirements for such arbitration;
1706 amending s. 723.1255, F.S.; requiring that certain
1707 disputes be submitted to mandatory binding arbitration
1708 with the division; providing requirements for such
1709 arbitration and responsibility for fees and costs;
1710 requiring the division to adopt procedural rules;
1711 reenacting s.