Florida Senate - 2020 CS for SB 998
By the Committee on Community Affairs; and Senator Hutson
578-02227A-20 2020998c1
1 A bill to be entitled
2 An act relating to housing; amending s. 125.01055,
3 F.S.; authorizing a board of county commissioners to
4 approve development of affordable housing on any
5 parcel zoned for residential, commercial, or
6 industrial use; amending s. 163.31771, F.S.; revising
7 legislative findings; requiring local governments to
8 adopt ordinances that allow accessory dwelling units
9 in any area zoned for single-family residential use;
10 amending s. 163.31801, F.S.; requiring counties,
11 municipalities, and special districts to include
12 certain data relating to impact fees in their annual
13 financial reports; amending s. 166.04151, F.S.;
14 authorizing governing bodies of municipalities to
15 approve the development of affordable housing on any
16 parcel zoned for residential, commercial, or
17 industrial use; amending s. 212.05, F.S.; providing
18 the percentage of the sales price of certain mobile
19 homes which is subject to sales tax; providing a sales
20 tax exemption for certain mobile homes; amending s.
21 212.06, F.S.; revising the definition of the term
22 “fixtures” to include certain mobile homes; amending
23 s. 320.77, F.S.; revising a certification requirement
24 for mobile home dealer applicants relating to the
25 applicant’s business location; amending s. 320.822,
26 F.S.; revising the definition of the term “code”;
27 amending s. 320.8232, F.S.; revising applicable
28 standards for the repair and remodeling of mobile and
29 manufactured homes; amending s. 367.022, F.S.;
30 revising an exemption from regulation for certain
31 water service resellers; exempting certain mobile home
32 park and mobile home subdivision owners from
33 regulation by the Florida Public Service Commission
34 relating to water and wastewater systems; amending s.
35 420.5087, F.S.; revising the criteria used by a review
36 committee when evaluating and selecting specified
37 applications for state apartment incentive loans;
38 amending s. 420.5095, F.S.; renaming the Community
39 Workforce Housing Innovation Pilot Program as the
40 Community Workforce Housing Loan Program to provide
41 workforce housing for persons affected by the high
42 cost of housing; revising the definition of the term
43 “workforce housing”; deleting the definition of the
44 term “public-private partnership”; authorizing the
45 Florida Housing Finance Corporation to provide loans
46 under the program to applicants for construction of
47 workforce housing; requiring the corporation to
48 establish a certain loan application process; deleting
49 provisions requiring the corporation to provide
50 incentives for local governments to use certain funds;
51 requiring projects to receive priority consideration
52 for funding under certain circumstances; deleting a
53 provision providing for the expedition of local
54 government comprehensive plan amendments to implement
55 a program project; requiring that the corporation
56 award loans at a specified interest rate and for a
57 limited term; conforming provisions to changes made by
58 the act; amending s. 420.531, F.S.; specifying that
59 technical support provided to local governments and
60 community-based organizations includes implementation
61 of the State Apartment Incentive Loan Program;
62 requiring the entity providing training and technical
63 assistance to convene and administer biannual
64 workshops; requiring such entity to annually compile
65 and submit certain information to the Legislature and
66 the corporation by a specified date; amending s.
67 420.9073, F.S.; authorizing the corporation to
68 withhold a certain portion of funds distributed from
69 the Local Government Housing Trust Fund to be used for
70 certain transitional housing; prohibiting such funds
71 from being used for specified purposes; requiring that
72 such transitional housing be constructed on certain
73 campuses; requiring the corporation to consult with
74 the Department of Children and Families to create
75 minimum criteria for such housing; providing for the
76 distribution of withheld funds; amending s. 420.9075,
77 F.S.; revising requirements for reports submitted by
78 counties and certain municipalities to the
79 corporation; amending s. 420.9076, F.S.; beginning on
80 a specified date, revising the membership of local
81 affordable housing advisory committees; requiring the
82 committees to perform specified duties annually
83 instead of triennially; requiring locally elected
84 officials serving on advisory committees, or their
85 designees, to attend biannual regional workshops;
86 providing a penalty; amending s. 723.041, F.S.;
87 providing that a mobile home park damaged or destroyed
88 due to natural force may be rebuilt with the same
89 density as previously approved, permitted, or built;
90 providing construction; amending s. 723.061, F.S.;
91 revising a requirement related to mailing eviction
92 notices; specifying the waiver and nonwaiver of
93 certain rights of the park owner under certain
94 circumstances; requiring the accounting at final
95 hearing of rents received; requiring a tenant
96 defending certain actions by a landlord to comply with
97 certain requirements; amending s. 723.063, F.S.;
98 revising procedures and requirements for mobile home
99 owners and revising construction relating to park
100 owners’ actions for rent or possession; revising
101 conditions under which a park owner may apply to a
102 court for disbursement of certain funds; reenacting s.
103 420.507(22)(i), F.S., relating to powers of the
104 Florida Housing Finance Corporation, to incorporate
105 the amendment made to s. 420.5087, F.S., in a
106 reference thereto; reenacting s. 193.018(2), F.S.,
107 relating to land owned by a community land trust used
108 to provide affordable housing, to incorporate the
109 amendment made to s. 420.5095, F.S., in a reference
110 thereto; providing an effective date.
111
112 Be It Enacted by the Legislature of the State of Florida:
113
114 Section 1. Subsection (4) is added to section 125.01055,
115 Florida Statutes, to read:
116 125.01055 Affordable housing.—
117 (4) Notwithstanding any other law or local ordinance or
118 regulation to the contrary, the board of county commissioners
119 may approve the development of housing that is affordable, as
120 defined in s. 420.0004, on any parcel zoned for residential,
121 commercial, or industrial use.
122 Section 2. Subsections (1), (3), and (4) of section
123 163.31771, Florida Statutes, are amended to read:
124 163.31771 Accessory dwelling units.—
125 (1) The Legislature finds that the median price of homes in
126 this state has increased steadily over the last decade and at a
127 greater rate of increase than the median income in many urban
128 areas. The Legislature finds that the cost of rental housing has
129 also increased steadily and the cost often exceeds an amount
130 that is affordable to extremely-low-income, very-low-income,
131 low-income, or moderate-income persons and has resulted in a
132 critical shortage of affordable rentals in many urban areas in
133 the state. This shortage of affordable rentals constitutes a
134 threat to the health, safety, and welfare of the residents of
135 the state. Therefore, the Legislature finds that it serves an
136 important public purpose to require encourage the permitting of
137 accessory dwelling units in single-family residential areas in
138 order to increase the availability of affordable rentals for
139 extremely-low-income, very-low-income, low-income, or moderate
140 income persons.
141 (3) A Upon a finding by a local government that there is a
142 shortage of affordable rentals within its jurisdiction, the
143 local government shall may adopt an ordinance to allow accessory
144 dwelling units in any area zoned for single-family residential
145 use.
146 (4) If the local government adopts an ordinance under this
147 section, An application for a building permit to construct an
148 accessory dwelling unit must include an affidavit from the
149 applicant which attests that the unit will be rented at an
150 affordable rate to an extremely-low-income, very-low-income,
151 low-income, or moderate-income person or persons.
152 Section 3. Subsection (10) is added to section 163.31801,
153 Florida Statutes, to read:
154 163.31801 Impact fees; short title; intent; minimum
155 requirements; audits; challenges.—
156 (10) In addition to the items that must be reported in the
157 annual financial reports under s. 218.32, a county,
158 municipality, or special district must report all of the
159 following data on all impact fees charged:
160 (a) The specific purpose of the impact fee, including the
161 specific infrastructure needs to be met, including, but not
162 limited to, transportation, parks, water, sewer, and schools.
163 (b) The impact fee schedule policy describing the method of
164 calculating impact fees, such as flat fees, tiered scales based
165 on number of bedrooms, or tiered scales based on square footage.
166 (c) The amount assessed for each purpose and for each type
167 of dwelling.
168 (d) The total amount of impact fees charged by type of
169 dwelling.
170 Section 4. Subsection (4) is added to section 166.04151,
171 Florida Statutes, to read:
172 166.04151 Affordable housing.—
173 (4) Notwithstanding any other law or local ordinance or
174 regulation to the contrary, the governing body of a municipality
175 may approve the development of housing that is affordable, as
176 defined in s. 420.0004, on any parcel zoned for residential,
177 commercial, or industrial use.
178 Section 5. Paragraph (a) of subsection (1) of section
179 212.05, Florida Statutes, is amended to read:
180 212.05 Sales, storage, use tax.—It is hereby declared to be
181 the legislative intent that every person is exercising a taxable
182 privilege who engages in the business of selling tangible
183 personal property at retail in this state, including the
184 business of making mail order sales, or who rents or furnishes
185 any of the things or services taxable under this chapter, or who
186 stores for use or consumption in this state any item or article
187 of tangible personal property as defined herein and who leases
188 or rents such property within the state.
189 (1) For the exercise of such privilege, a tax is levied on
190 each taxable transaction or incident, which tax is due and
191 payable as follows:
192 (a)1.a. At the rate of 6 percent of the sales price of each
193 item or article of tangible personal property when sold at
194 retail in this state, computed on each taxable sale for the
195 purpose of remitting the amount of tax due the state, and
196 including each and every retail sale.
197 b. Each occasional or isolated sale of an aircraft, boat,
198 mobile home, or motor vehicle of a class or type that which is
199 required to be registered, licensed, titled, or documented in
200 this state or by the United States Government shall be subject
201 to tax at the rate provided in this paragraph. A mobile home
202 shall be assessed sales tax at a rate of 6 percent on 50 percent
203 of the sales price of the mobile home, if subject to sales tax
204 as tangible personal property. However, a mobile home is not
205 subject to sales tax if the mobile home is intended to be
206 permanently affixed to the land and the purchaser signs an
207 affidavit stating that he or she intends to seek an “RP” series
208 sticker pursuant to s. 320.0815(2). The department shall by rule
209 adopt any nationally recognized publication for valuation of
210 used motor vehicles as the reference price list for any used
211 motor vehicle which is required to be licensed pursuant to s.
212 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any party
213 to an occasional or isolated sale of such a vehicle reports to
214 the tax collector a sales price that which is less than 80
215 percent of the average loan price for the specified model and
216 year of such vehicle as listed in the most recent reference
217 price list, the tax levied under this paragraph shall be
218 computed by the department on such average loan price unless the
219 parties to the sale have provided to the tax collector an
220 affidavit signed by each party, or other substantial proof,
221 stating the actual sales price. Any party to such sale who
222 reports a sales price less than the actual sales price is guilty
223 of a misdemeanor of the first degree, punishable as provided in
224 s. 775.082 or s. 775.083. The department shall collect or
225 attempt to collect from such party any delinquent sales taxes.
226 In addition, such party shall pay any tax due and any penalty
227 and interest assessed plus a penalty equal to twice the amount
228 of the additional tax owed. Notwithstanding any other provision
229 of law, the Department of Revenue may waive or compromise any
230 penalty imposed pursuant to this subparagraph.
231 2. This paragraph does not apply to the sale of a boat or
232 aircraft by or through a registered dealer under this chapter to
233 a purchaser who, at the time of taking delivery, is a
234 nonresident of this state, does not make his or her permanent
235 place of abode in this state, and is not engaged in carrying on
236 in this state any employment, trade, business, or profession in
237 which the boat or aircraft will be used in this state, or is a
238 corporation none of the officers or directors of which is a
239 resident of, or makes his or her permanent place of abode in,
240 this state, or is a noncorporate entity that has no individual
241 vested with authority to participate in the management,
242 direction, or control of the entity’s affairs who is a resident
243 of, or makes his or her permanent abode in, this state. For
244 purposes of this exemption, either a registered dealer acting on
245 his or her own behalf as seller, a registered dealer acting as
246 broker on behalf of a seller, or a registered dealer acting as
247 broker on behalf of the purchaser may be deemed to be the
248 selling dealer. This exemption shall not be allowed unless:
249 a. The purchaser removes a qualifying boat, as described in
250 sub-subparagraph f., from the state within 90 days after the
251 date of purchase or extension, or the purchaser removes a
252 nonqualifying boat or an aircraft from this state within 10 days
253 after the date of purchase or, when the boat or aircraft is
254 repaired or altered, within 20 days after completion of the
255 repairs or alterations; or if the aircraft will be registered in
256 a foreign jurisdiction and:
257 (I) Application for the aircraft’s registration is properly
258 filed with a civil airworthiness authority of a foreign
259 jurisdiction within 10 days after the date of purchase;
260 (II) The purchaser removes the aircraft from the state to a
261 foreign jurisdiction within 10 days after the date the aircraft
262 is registered by the applicable foreign airworthiness authority;
263 and
264 (III) The aircraft is operated in the state solely to
265 remove it from the state to a foreign jurisdiction.
266
267 For purposes of this sub-subparagraph, the term “foreign
268 jurisdiction” means any jurisdiction outside of the United
269 States or any of its territories;
270 b. The purchaser, within 30 days from the date of
271 departure, provides the department with written proof that the
272 purchaser licensed, registered, titled, or documented the boat
273 or aircraft outside the state. If such written proof is
274 unavailable, within 30 days the purchaser shall provide proof
275 that the purchaser applied for such license, title,
276 registration, or documentation. The purchaser shall forward to
277 the department proof of title, license, registration, or
278 documentation upon receipt;
279 c. The purchaser, within 10 days of removing the boat or
280 aircraft from Florida, furnishes the department with proof of
281 removal in the form of receipts for fuel, dockage, slippage,
282 tie-down, or hangaring from outside of Florida. The information
283 so provided must clearly and specifically identify the boat or
284 aircraft;
285 d. The selling dealer, within 5 days of the date of sale,
286 provides to the department a copy of the sales invoice, closing
287 statement, bills of sale, and the original affidavit signed by
288 the purchaser attesting that he or she has read the provisions
289 of this section;
290 e. The seller makes a copy of the affidavit a part of his
291 or her record for as long as required by s. 213.35; and
292 f. Unless The nonresident purchaser of a boat of 5 net tons
293 of admeasurement or larger intends to remove the boat from this
294 state within 10 days after the date of purchase or when the boat
295 is repaired or altered, within 20 days after completion of the
296 repairs or alterations, the nonresident purchaser applies to the
297 selling dealer for a decal which authorizes 90 days after the
298 date of purchase for removal of the boat. The nonresident
299 purchaser of a qualifying boat may apply to the selling dealer
300 within 60 days after the date of purchase for an extension decal
301 that authorizes the boat to remain in this state for an
302 additional 90 days, but not more than a total of 180 days,
303 before the nonresident purchaser is required to pay the tax
304 imposed by this chapter. The department is authorized to issue
305 decals in advance to dealers. The number of decals issued in
306 advance to a dealer shall be consistent with the volume of the
307 dealer’s past sales of boats which qualify under this sub
308 subparagraph. The selling dealer or his or her agent shall mark
309 and affix the decals to qualifying boats in the manner
310 prescribed by the department, before delivery of the boat.
311 (I) The department is hereby authorized to charge dealers a
312 fee sufficient to recover the costs of decals issued, except the
313 extension decal shall cost $425.
314 (II) The proceeds from the sale of decals will be deposited
315 into the administrative trust fund.
316 (III) Decals shall display information to identify the boat
317 as a qualifying boat under this sub-subparagraph, including, but
318 not limited to, the decal’s date of expiration.
319 (IV) The department is authorized to require dealers who
320 purchase decals to file reports with the department and may
321 prescribe all necessary records by rule. All such records are
322 subject to inspection by the department.
323 (V) Any dealer or his or her agent who issues a decal
324 falsely, fails to affix a decal, mismarks the expiration date of
325 a decal, or fails to properly account for decals will be
326 considered prima facie to have committed a fraudulent act to
327 evade the tax and will be liable for payment of the tax plus a
328 mandatory penalty of 200 percent of the tax, and shall be liable
329 for fine and punishment as provided by law for a conviction of a
330 misdemeanor of the first degree, as provided in s. 775.082 or s.
331 775.083.
332 (VI) Any nonresident purchaser of a boat who removes a
333 decal before permanently removing the boat from the state, or
334 defaces, changes, modifies, or alters a decal in a manner
335 affecting its expiration date before its expiration, or who
336 causes or allows the same to be done by another, will be
337 considered prima facie to have committed a fraudulent act to
338 evade the tax and will be liable for payment of the tax plus a
339 mandatory penalty of 200 percent of the tax, and shall be liable
340 for fine and punishment as provided by law for a conviction of a
341 misdemeanor of the first degree, as provided in s. 775.082 or s.
342 775.083.
343 (VII) The department is authorized to adopt rules necessary
344 to administer and enforce this subparagraph and to publish the
345 necessary forms and instructions.
346 (VIII) The department is hereby authorized to adopt
347 emergency rules pursuant to s. 120.54(4) to administer and
348 enforce the provisions of this subparagraph.
349
350 If the purchaser fails to remove the qualifying boat from this
351 state within the maximum 180 days after purchase or a
352 nonqualifying boat or an aircraft from this state within 10 days
353 after purchase or, when the boat or aircraft is repaired or
354 altered, within 20 days after completion of such repairs or
355 alterations, or permits the boat or aircraft to return to this
356 state within 6 months from the date of departure, except as
357 provided in s. 212.08(7)(fff), or if the purchaser fails to
358 furnish the department with any of the documentation required by
359 this subparagraph within the prescribed time period, the
360 purchaser shall be liable for use tax on the cost price of the
361 boat or aircraft and, in addition thereto, payment of a penalty
362 to the Department of Revenue equal to the tax payable. This
363 penalty shall be in lieu of the penalty imposed by s. 212.12(2).
364 The maximum 180-day period following the sale of a qualifying
365 boat tax-exempt to a nonresident may not be tolled for any
366 reason.
367 Section 6. Paragraph (b) of subsection (14) of section
368 212.06, Florida Statutes, is amended to read:
369 212.06 Sales, storage, use tax; collectible from dealers;
370 “dealer” defined; dealers to collect from purchasers;
371 legislative intent as to scope of tax.—
372 (14) For the purpose of determining whether a person is
373 improving real property, the term:
374 (b) “Fixtures” means items that are an accessory to a
375 building, other structure, or land and that do not lose their
376 identity as accessories when installed but that do become
377 permanently attached to realty. However, the term does not
378 include the following items, whether or not such items are
379 attached to real property in a permanent manner:
380 1. Property of a type that is required to be registered,
381 licensed, titled, or documented by this state or by the United
382 States Government, including, but not limited to, mobile homes,
383 except the term includes mobile homes assessed as real property
384 or intended to be qualified and taxed as real property pursuant
385 to s. 320.0815(2)., or
386 2. Industrial machinery or equipment.
387
388 For purposes of this paragraph, industrial machinery or
389 equipment is not limited to machinery and equipment used to
390 manufacture, process, compound, or produce tangible personal
391 property. For an item to be considered a fixture, it is not
392 necessary that the owner of the item also own the real property
393 to which it is attached.
394 Section 7. Paragraph (h) of subsection (3) of section
395 320.77, Florida Statutes, is amended to read:
396 320.77 License required of mobile home dealers.—
397 (3) APPLICATION.—The application for such license shall be
398 in the form prescribed by the department and subject to such
399 rules as may be prescribed by it. The application shall be
400 verified by oath or affirmation and shall contain:
401 (h) Certification by the applicant:
402 1. That the location is a permanent one, not a tent or a
403 temporary stand or other temporary quarters.; and,
404 2. Except in the case of a mobile home broker, that the
405 location affords sufficient unoccupied space to display store
406 all mobile homes offered and displayed for sale. A space to
407 display a manufactured home as a model home is sufficient to
408 satisfy this requirement.; and that The location must be is a
409 suitable place in which the applicant can in good faith carry on
410 business and keep and maintain books, records, and files
411 necessary to conduct such business, which must will be available
412 at all reasonable hours to inspection by the department or any
413 of its inspectors or other employees.
414
415 This paragraph does subsection shall not preclude a licensed
416 mobile home dealer from displaying and offering for sale mobile
417 homes in a mobile home park.
418
419 The department shall, if it deems necessary, cause an
420 investigation to be made to ascertain if the facts set forth in
421 the application are true and shall not issue a license to the
422 applicant until it is satisfied that the facts set forth in the
423 application are true.
424 Section 8. Paragraph (c) of subsection (2) of section
425 320.822, Florida Statutes, is amended to read:
426 320.822 Definitions; ss. 320.822-320.862.—In construing ss.
427 320.822-320.862, unless the context otherwise requires, the
428 following words or phrases have the following meanings:
429 (2) “Code” means the appropriate standards found in:
430 (c) The Mobile and Manufactured Home Repair and Remodeling
431 Code and the Used Recreational Vehicle Code.
432 Section 9. Subsection (2) of section 320.8232, Florida
433 Statutes, is amended to read:
434 320.8232 Establishment of uniform standards for used
435 recreational vehicles and repair and remodeling code for mobile
436 homes.—
437 (2) The Mobile and Manufactured Home provisions of the
438 Repair and Remodeling Code must be a uniform code, must shall
439 ensure safe and livable housing, and may shall not be more
440 stringent than those standards required to be met in the
441 manufacture of mobile homes. Such code must provisions shall
442 include, but not be limited to, standards for structural
443 adequacy, plumbing, heating, electrical systems, and fire and
444 life safety. All repairs and remodeling of mobile and
445 manufactured homes must be performed in accordance with
446 department rules.
447 Section 10. Subsection (9) of section 367.022, Florida
448 Statutes, is amended, and subsection (14) is added to that
449 section, to read:
450 367.022 Exemptions.—The following are not subject to
451 regulation by the commission as a utility nor are they subject
452 to the provisions of this chapter, except as expressly provided:
453 (9) Any person who resells water service to his or her
454 tenants or to individually metered residents for a fee that does
455 not exceed the actual purchase price of the water and wastewater
456 service plus the actual cost of meter reading and billing, not
457 to exceed 9 percent of the actual cost of service.
458 (14) The owner of a mobile home park operating both as a
459 mobile home park and a mobile home subdivision, as those terms
460 are defined in s. 723.003, who provides service within the park
461 and subdivision to a combination of both tenants and lot owners,
462 provided that the service to tenants is without specific
463 compensation.
464 Section 11. Paragraph (c) of subsection (6) of section
465 420.5087, Florida Statutes, is amended to read:
466 420.5087 State Apartment Incentive Loan Program.—There is
467 hereby created the State Apartment Incentive Loan Program for
468 the purpose of providing first, second, or other subordinated
469 mortgage loans or loan guarantees to sponsors, including for
470 profit, nonprofit, and public entities, to provide housing
471 affordable to very-low-income persons.
472 (6) On all state apartment incentive loans, except loans
473 made to housing communities for the elderly to provide for
474 lifesafety, building preservation, health, sanitation, or
475 security-related repairs or improvements, the following
476 provisions shall apply:
477 (c) The corporation shall provide by rule for the
478 establishment of a review committee for the competitive
479 evaluation and selection of applications submitted in this
480 program, including, but not limited to, the following criteria:
481 1. Tenant income and demographic targeting objectives of
482 the corporation.
483 2. Targeting objectives of the corporation which will
484 ensure an equitable distribution of loans between rural and
485 urban areas.
486 3. Sponsor’s agreement to reserve the units for persons or
487 families who have incomes below 50 percent of the state or local
488 median income, whichever is higher, for a time period that
489 exceeds the minimum required by federal law or this part.
490 4. Sponsor’s agreement to reserve more than:
491 a. Twenty percent of the units in the project for persons
492 or families who have incomes that do not exceed 50 percent of
493 the state or local median income, whichever is higher; or
494 b. Forty percent of the units in the project for persons or
495 families who have incomes that do not exceed 60 percent of the
496 state or local median income, whichever is higher, without
497 requiring a greater amount of the loans as provided in this
498 section.
499 5. Provision for tenant counseling.
500 6. Sponsor’s agreement to accept rental assistance
501 certificates or vouchers as payment for rent.
502 7. Projects requiring the least amount of a state apartment
503 incentive loan compared to overall project cost, except that the
504 share of the loan attributable to units serving extremely-low
505 income persons must be excluded from this requirement.
506 8. Local government contributions and local government
507 comprehensive planning and activities that promote affordable
508 housing and policies that promote access to public
509 transportation, reduce the need for onsite parking, and expedite
510 permits for affordable housing projects.
511 9. Project feasibility.
512 10. Economic viability of the project.
513 11. Commitment of first mortgage financing.
514 12. Sponsor’s prior experience.
515 13. Sponsor’s ability to proceed with construction.
516 14. Projects that directly implement or assist welfare-to
517 work transitioning.
518 15. Projects that reserve units for extremely-low-income
519 persons.
520 16. Projects that include green building principles, storm
521 resistant construction, or other elements that reduce long-term
522 costs relating to maintenance, utilities, or insurance.
523 17. Job-creation rate of the developer and general
524 contractor, as provided in s. 420.507(47).
525 Section 12. Section 420.5095, Florida Statutes, is amended
526 to read:
527 420.5095 Community Workforce Housing Loan Innovation Pilot
528 Program.—
529 (1) The Legislature finds and declares that recent rapid
530 increases in the median purchase price of a home and the cost of
531 rental housing have far outstripped the increases in median
532 income in the state, preventing essential services personnel
533 from living in the communities where they serve and thereby
534 creating the need for innovative solutions for the provision of
535 housing opportunities for essential services personnel.
536 (2) The Community Workforce Housing Loan Innovation Pilot
537 Program is created to provide affordable rental and home
538 ownership community workforce housing for persons essential
539 services personnel affected by the high cost of housing, using
540 regulatory incentives and state and local funds to promote local
541 public-private partnerships and leverage government and private
542 resources.
543 (3) For purposes of this section, the term:
544 (a) “workforce housing” means housing affordable to natural
545 persons or families whose total annual household income does not
546 exceed 80 140 percent of the area median income, adjusted for
547 household size, or 120 150 percent of area median income,
548 adjusted for household size, in areas of critical state concern
549 designated under s. 380.05, for which the Legislature has
550 declared its intent to provide affordable housing, and areas
551 that were designated as areas of critical state concern for at
552 least 20 consecutive years before prior to removal of the
553 designation.
554 (b) “Public-private partnership” means any form of business
555 entity that includes substantial involvement of at least one
556 county, one municipality, or one public sector entity, such as a
557 school district or other unit of local government in which the
558 project is to be located, and at least one private sector for
559 profit or not-for-profit business or charitable entity, and may
560 be any form of business entity, including a joint venture or
561 contractual agreement.
562 (4) The Florida Housing Finance Corporation is authorized
563 to provide loans under the Community Workforce Housing
564 Innovation Pilot program loans to applicants an applicant for
565 construction or rehabilitation of workforce housing in eligible
566 areas. This funding is intended to be used with other public and
567 private sector resources.
568 (5) The corporation shall establish a loan application
569 process under s. 420.5087 by rule which includes selection
570 criteria, an application review process, and a funding process.
571 The corporation shall also establish an application review
572 committee that may include up to three private citizens
573 representing the areas of housing or real estate development,
574 banking, community planning, or other areas related to the
575 development or financing of workforce and affordable housing.
576 (a) The selection criteria and application review process
577 must include a procedure for curing errors in the loan
578 applications which do not make a substantial change to the
579 proposed project.
580 (b) To achieve the goals of the pilot program, the
581 application review committee may approve or reject loan
582 applications or responses to questions raised during the review
583 of an application due to the insufficiency of information
584 provided.
585 (c) The application review committee shall make
586 recommendations concerning program participation and funding to
587 the corporation’s board of directors.
588 (d) The board of directors shall approve or reject loan
589 applications, determine the tentative loan amount available to
590 each applicant, and rank all approved applications.
591 (e) The board of directors shall decide which approved
592 applicants will become program participants and determine the
593 maximum loan amount for each program participant.
594 (6) The corporation shall provide incentives for local
595 governments in eligible areas to use local affordable housing
596 funds, such as those from the State Housing Initiatives
597 Partnership Program, to assist in meeting the affordable housing
598 needs of persons eligible under this program. Local governments
599 are authorized to use State Housing Initiative Partnership
600 Program funds for persons or families whose total annual
601 household income does not exceed:
602 (a) One hundred and forty percent of the area median
603 income, adjusted for household size; or
604 (b) One hundred and fifty percent of the area median
605 income, adjusted for household size, in areas that were
606 designated as areas of critical state concern for at least 20
607 consecutive years prior to the removal of the designation and in
608 areas of critical state concern, designated under s. 380.05, for
609 which the Legislature has declared its intent to provide
610 affordable housing.
611 (7) Funding shall be targeted to innovative projects in
612 areas where the disparity between the area median income and the
613 median sales price for a single-family home is greatest, and
614 where population growth as a percentage rate of increase is
615 greatest. The corporation may also fund projects in areas where
616 innovative regulatory and financial incentives are made
617 available. The corporation shall fund at least one eligible
618 project in as many counties and regions of the state as is
619 practicable, consistent with program goals.
620 (6)(8) Projects must be given shall receive priority
621 consideration for funding if where:
622 (a) The local jurisdiction has adopted, or is committed to
623 adopting, appropriate regulatory incentives, or the local
624 jurisdiction or public-private partnership has adopted or is
625 committed to adopting local contributions or financial
626 strategies, or other funding sources to promote the development
627 and ongoing financial viability of such projects. Local
628 incentives include such actions as expediting review of
629 development orders and permits, supporting development near
630 transportation hubs and major employment centers, and adopting
631 land development regulations designed to allow flexibility in
632 densities, use of accessory units, mixed-use developments, and
633 flexible lot configurations. Financial strategies include such
634 actions as promoting employer-assisted housing programs,
635 providing tax increment financing, and providing land.
636 (b) Projects are innovative and include new construction or
637 rehabilitation; mixed-income housing; commercial and housing
638 mixed-use elements; innovative design; green building
639 principles; storm-resistant construction; or other elements that
640 reduce long-term costs relating to maintenance, utilities, or
641 insurance and promote homeownership. The program funding may not
642 exceed the costs attributable to the portion of the project that
643 is set aside to provide housing for the targeted population.
644 (b)(c) The projects that set aside at least 50 80 percent
645 of units for workforce housing and at least 50 percent for
646 essential services personnel and for projects that require the
647 least amount of program funding compared to the overall housing
648 costs for the project.
649 (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
650 government comprehensive plan amendment to implement a Community
651 Workforce Housing Innovation Pilot Program project found
652 consistent with this section shall be expedited as provided in
653 this subsection. At least 30 days prior to adopting a plan
654 amendment under this subsection, the local government shall
655 notify the state land planning agency of its intent to adopt
656 such an amendment, and the notice shall include its evaluation
657 related to site suitability and availability of facilities and
658 services. The public notice of the hearing required by s.
659 163.3184(11)(b)2. shall include a statement that the local
660 government intends to use the expedited adoption process
661 authorized by this subsection. Such amendments shall require
662 only a single public hearing before the governing board, which
663 shall be an adoption hearing as described in s. 163.3184(4)(e).
664 Any further proceedings shall be governed by s. 163.3184(5)
665 (13).
666 (10) The processing of approvals of development orders or
667 development permits, as defined in s. 163.3164, for innovative
668 community workforce housing projects shall be expedited.
669 (7)(11) The corporation shall award loans with a 1 interest
670 rates set at 1 to 3 percent interest rate for a term that does
671 not exceed 15 years, which may be made forgivable when long-term
672 affordability is provided and when at least 80 percent of the
673 units are set aside for workforce housing and at least 50
674 percent of the units are set aside for essential services
675 personnel.
676 (12) All eligible applications shall:
677 (a) For home ownership, limit the sales price of a detached
678 unit, townhome, or condominium unit to not more than 90 percent
679 of the median sales price for that type of unit in that county,
680 or the statewide median sales price for that type of unit,
681 whichever is higher, and require that all eligible purchasers of
682 home ownership units occupy the homes as their primary
683 residence.
684 (b) For rental units, restrict rents for all workforce
685 housing serving those with incomes at or below 120 percent of
686 area median income at the appropriate income level using the
687 restricted rents for the federal low-income housing tax credit
688 program and, for workforce housing units serving those with
689 incomes above 120 percent of area median income, restrict rents
690 to those established by the corporation, not to exceed 30
691 percent of the maximum household income adjusted to unit size.
692 (c) Demonstrate that the applicant is a public-private
693 partnership in an agreement, contract, partnership agreement,
694 memorandum of understanding, or other written instrument signed
695 by all the project partners.
696 (d) Have grants, donations of land, or contributions from
697 the public-private partnership or other sources collectively
698 totaling at least 10 percent of the total development cost or $2
699 million, whichever is less. Such grants, donations of land, or
700 contributions must be evidenced by a letter of commitment,
701 agreement, contract, deed, memorandum of understanding, or other
702 written instrument at the time of application. Grants, donations
703 of land, or contributions in excess of 10 percent of the
704 development cost shall increase the application score.
705 (e) Demonstrate how the applicant will use the regulatory
706 incentives and financial strategies outlined in subsection (8)
707 from the local jurisdiction in which the proposed project is to
708 be located. The corporation may consult with the Department of
709 Economic Opportunity in evaluating the use of regulatory
710 incentives by applicants.
711 (f) Demonstrate that the applicant possesses title to or
712 site control of land and evidences availability of required
713 infrastructure.
714 (g) Demonstrate the applicant’s affordable housing
715 development and management experience.
716 (h) Provide any research or facts available supporting the
717 demand and need for rental or home ownership workforce housing
718 for eligible persons in the market in which the project is
719 proposed.
720 (13) Projects may include manufactured housing constructed
721 after June 1994 and installed in accordance with mobile home
722 installation standards of the Department of Highway Safety and
723 Motor Vehicles.
724 (8)(14) The corporation may adopt rules pursuant to ss.
725 120.536(1) and 120.54 to implement this section.
726 (15) The corporation may use a maximum of 2 percent of the
727 annual program appropriation for administration and compliance
728 monitoring.
729 (16) The corporation shall review the success of the
730 Community Workforce Housing Innovation Pilot Program to
731 ascertain whether the projects financed by the program are
732 useful in meeting the housing needs of eligible areas and shall
733 include its findings in the annual report required under s.
734 420.511(3).
735 Section 13. Section 420.531, Florida Statutes, is amended
736 to read:
737 420.531 Affordable Housing Catalyst Program.—
738 (1) The corporation shall operate the Affordable Housing
739 Catalyst Program for the purpose of securing the expertise
740 necessary to provide specialized technical support to local
741 governments and community-based organizations to implement the
742 HOME Investment Partnership Program, State Apartment Incentive
743 Loan Program, State Housing Initiatives Partnership Program, and
744 other affordable housing programs. To the maximum extent
745 feasible, the entity to provide the necessary expertise must be
746 recognized by the Internal Revenue Service as a nonprofit tax
747 exempt organization. It must have as its primary mission the
748 provision of affordable housing training and technical
749 assistance, an ability to provide training and technical
750 assistance statewide, and a proven track record of successfully
751 providing training and technical assistance under the Affordable
752 Housing Catalyst Program. The technical support shall, at a
753 minimum, include training relating to the following key elements
754 of the partnership programs:
755 (a)(1) Formation of local and regional housing partnerships
756 as a means of bringing together resources to provide affordable
757 housing.
758 (b)(2) Implementation of regulatory reforms to reduce the
759 risk and cost of developing affordable housing.
760 (c)(3) Implementation of affordable housing programs
761 included in local government comprehensive plans.
762 (d)(4) Compliance with requirements of federally funded
763 housing programs.
764 (2) In consultation with the corporation, the entity
765 providing statewide training and technical assistance shall
766 convene and administer biannual, regional workshops for the
767 locally elected officials serving on affordable housing advisory
768 committees as provided in s. 420.9076. The regional workshops
769 may be conducted through teleconferencing or other technological
770 means and must include processes and programming that facilitate
771 peer-to-peer identification and sharing of best affordable
772 housing practices among the locally elected officials. Annually,
773 calendar year reports summarizing the deliberations, actions,
774 and recommendations of each region, as well as the attendance
775 records of locally elected officials, must be compiled by the
776 entity providing statewide training and technical assistance for
777 the Affordable Housing Catalyst Program and must be submitted to
778 the President of the Senate, the Speaker of the House of
779 Representatives, and the corporation by March 31 of the
780 following year.
781 Section 14. Present subsection (7) of section 420.9073,
782 Florida Statutes, is redesignated as subsection (8), and a new
783 subsection (7) is added to that section, to read:
784 420.9073 Local housing distributions.—
785 (7) Notwithstanding subsections (1)-(4), the corporation
786 may withhold up to 5 percent of the total amount distributed
787 each fiscal year from the Local Government Housing Trust Fund to
788 provide additional funding to counties and eligible
789 municipalities for the construction of transitional housing for
790 persons aging out of foster care. Funds may not be used for
791 design or planning. Such housing must be constructed on a campus
792 that provides housing for persons aging out of foster care. The
793 corporation must consult with the Department of Children and
794 Families to create minimum criteria for such housing. Any
795 portion of the withheld funds not distributed or committed by
796 the end of the fiscal year shall be distributed as provided in
797 subsections (1) and (2).
798 Section 15. Paragraph (j) is added to subsection (10) of
799 section 420.9075, Florida Statutes, to read:
800 420.9075 Local housing assistance plans; partnerships.—
801 (10) Each county or eligible municipality shall submit to
802 the corporation by September 15 of each year a report of its
803 affordable housing programs and accomplishments through June 30
804 immediately preceding submittal of the report. The report shall
805 be certified as accurate and complete by the local government’s
806 chief elected official or his or her designee. Transmittal of
807 the annual report by a county’s or eligible municipality’s chief
808 elected official, or his or her designee, certifies that the
809 local housing incentive strategies, or, if applicable, the local
810 housing incentive plan, have been implemented or are in the
811 process of being implemented pursuant to the adopted schedule
812 for implementation. The report must include, but is not limited
813 to:
814 (j) The number of affordable housing applications
815 submitted, the number approved, and the number denied.
816 Section 16. Subsections (2) and (4) of section 420.9076,
817 Florida Statutes, are amended, and subsection (10) is added to
818 that section, to read:
819 420.9076 Adoption of affordable housing incentive
820 strategies; committees.—
821 (2) The governing board of a county or municipality shall
822 appoint the members of the affordable housing advisory
823 committee. Pursuant to the terms of any interlocal agreement, a
824 county and municipality may create and jointly appoint an
825 advisory committee. The local action adopted pursuant to s.
826 420.9072 which creates the advisory committee and appoints the
827 advisory committee members must name at least 8 but not more
828 than 11 committee members and specify their terms. Effective
829 October 1, 2020, the committee must consist of one locally
830 elected official from each county or municipality participating
831 in the State Housing Initiatives Partnership Program and one
832 representative from at least six of the categories below:
833 (a) A citizen who is actively engaged in the residential
834 home building industry in connection with affordable housing.
835 (b) A citizen who is actively engaged in the banking or
836 mortgage banking industry in connection with affordable housing.
837 (c) A citizen who is a representative of those areas of
838 labor actively engaged in home building in connection with
839 affordable housing.
840 (d) A citizen who is actively engaged as an advocate for
841 low-income persons in connection with affordable housing.
842 (e) A citizen who is actively engaged as a for-profit
843 provider of affordable housing.
844 (f) A citizen who is actively engaged as a not-for-profit
845 provider of affordable housing.
846 (g) A citizen who is actively engaged as a real estate
847 professional in connection with affordable housing.
848 (h) A citizen who actively serves on the local planning
849 agency pursuant to s. 163.3174. If the local planning agency is
850 comprised of the governing board of the county or municipality,
851 the governing board may appoint a designee who is knowledgeable
852 in the local planning process.
853 (i) A citizen who resides within the jurisdiction of the
854 local governing body making the appointments.
855 (j) A citizen who represents employers within the
856 jurisdiction.
857 (k) A citizen who represents essential services personnel,
858 as defined in the local housing assistance plan.
859 (4) Annually Triennially, the advisory committee shall
860 review the established policies and procedures, ordinances, land
861 development regulations, and adopted local government
862 comprehensive plan of the appointing local government and shall
863 recommend specific actions or initiatives to encourage or
864 facilitate affordable housing while protecting the ability of
865 the property to appreciate in value. The recommendations may
866 include the modification or repeal of existing policies,
867 procedures, ordinances, regulations, or plan provisions; the
868 creation of exceptions applicable to affordable housing; or the
869 adoption of new policies, procedures, regulations, ordinances,
870 or plan provisions, including recommendations to amend the local
871 government comprehensive plan and corresponding regulations,
872 ordinances, and other policies. At a minimum, each advisory
873 committee shall submit an annual a report to the local governing
874 body and to the entity providing statewide training and
875 technical assistance for the Affordable Housing Catalyst Program
876 which that includes recommendations on, and triennially
877 thereafter evaluates the implementation of, affordable housing
878 incentives in the following areas:
879 (a) The processing of approvals of development orders or
880 permits for affordable housing projects is expedited to a
881 greater degree than other projects, as provided in s.
882 163.3177(6)(f)3.
883 (b) All allowable fee waivers provided The modification of
884 impact-fee requirements, including reduction or waiver of fees
885 and alternative methods of fee payment for the development or
886 construction of affordable housing.
887 (c) The allowance of flexibility in densities for
888 affordable housing.
889 (d) The reservation of infrastructure capacity for housing
890 for very-low-income persons, low-income persons, and moderate
891 income persons.
892 (e) The allowance of Affordable accessory residential units
893 in residential zoning districts.
894 (f) The reduction of parking and setback requirements for
895 affordable housing.
896 (g) The allowance of flexible lot configurations, including
897 zero-lot-line configurations for affordable housing.
898 (h) The modification of street requirements for affordable
899 housing.
900 (i) The establishment of a process by which a local
901 government considers, before adoption, policies, procedures,
902 ordinances, regulations, or plan provisions that increase the
903 cost of housing.
904 (j) The preparation of a printed inventory of locally owned
905 public lands suitable for affordable housing.
906 (k) The support of development near transportation hubs and
907 major employment centers and mixed-use developments.
908
909 The advisory committee recommendations may also include other
910 affordable housing incentives identified by the advisory
911 committee. Local governments that receive the minimum allocation
912 under the State Housing Initiatives Partnership Program shall
913 perform an the initial review but may elect to not perform the
914 annual triennial review.
915 (10) The locally elected official serving on an advisory
916 committee, or a locally elected designee, must attend biannual
917 regional workshops convened and administered under the
918 Affordable Housing Catalyst Program as provided in s.
919 420.531(2). If the locally elected official or a locally elected
920 designee fails to attend three consecutive regional workshops,
921 the corporation may withhold funds pending the person’s
922 attendance at the next regularly scheduled biannual meeting.
923 Section 17. Subsections (5) and (6) are added to section
924 723.041, Florida Statutes, to read:
925 723.041 Entrance fees; refunds; exit fees prohibited;
926 replacement homes.—
927 (5) A mobile home park that is damaged or destroyed due to
928 wind, water, or other natural force may be rebuilt on the same
929 site with the same density as was approved, permitted, or built
930 before the park was damaged or destroyed.
931 (6) This section does not limit the regulation of the
932 uniform firesafety standards established under s. 633.206, but
933 supersedes any other density, separation, setback, or lot size
934 regulation adopted after initial permitting and construction of
935 the mobile home park.
936 Section 18. Subsection (4) of section 723.061, Florida
937 Statutes, is amended, and subsections (5) and (6) are added to
938 that section, to read:
939 723.061 Eviction; grounds, proceedings.—
940 (4) Except for the notice to the officers of the
941 homeowners’ association under subparagraph (1)(d)1., any notice
942 required by this section must be in writing, and must be posted
943 on the premises and sent to the mobile home owner and tenant or
944 occupant, as appropriate, by United States mail certified or
945 registered mail, return receipt requested, addressed to the
946 mobile home owner and tenant or occupant, as appropriate, at her
947 or his last known address. Delivery of the mailed notice is
948 shall be deemed given 5 days after the date of postmark.
949 (5) If the park owner accepts payment of any portion of the
950 lot rental amount with actual knowledge of noncompliance after
951 notice and termination of the rental agreement due to a
952 violation under paragraph (1)(b), paragraph (1)(c), or paragraph
953 (1)(e), the park owner does not waive the right to terminate the
954 rental agreement or the right to bring a civil action for the
955 noncompliance, but not for any subsequent or continuing
956 noncompliance. Any rent so received must be accounted for at the
957 final hearing.
958 (6) A tenant who intends to defend against an action by the
959 landlord for possession for noncompliance under paragraph
960 (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e)
961 must comply with s. 723.063(2).
962 Section 19. Section 723.063, Florida Statutes, is amended
963 to read:
964 723.063 Defenses to action for rent or possession;
965 procedure.—
966 (1)(a) In any action based upon nonpayment of rent or
967 seeking to recover unpaid rent, or a portion thereof, the mobile
968 home owner may defend upon the ground of a material
969 noncompliance with any portion of this chapter or may raise any
970 other defense, whether legal or equitable, which he or she may
971 have.
972 (b) The defense of material noncompliance may be raised by
973 the mobile home owner only if 7 days have elapsed after he or
974 she has notified the park owner in writing of his or her
975 intention not to pay rent, or a portion thereof, based upon the
976 park owner’s noncompliance with portions of this chapter,
977 specifying in reasonable detail the provisions in default. A
978 material noncompliance with this chapter by the park owner is a
979 complete defense to an action for possession based upon
980 nonpayment of rent, or a portion thereof, and, upon hearing, the
981 court or the jury, as the case may be, shall determine the
982 amount, if any, by which the rent is to be reduced to reflect
983 the diminution in value of the lot during the period of
984 noncompliance with any portion of this chapter. After
985 consideration of all other relevant issues, the court shall
986 enter appropriate judgment.
987 (2) In any action by the park owner or a mobile home owner
988 brought under subsection (1), the mobile home owner shall pay
989 into the registry of the court that portion of the accrued rent,
990 if any, relating to the claim of material noncompliance as
991 alleged in the complaint, or as determined by the court. The
992 court shall notify the mobile home owner of such requirement.
993 The failure of the mobile home owner to pay the rent, or portion
994 thereof, into the registry of the court or to file a motion to
995 determine the amount of rent to be paid into the registry within
996 5 days, excluding Saturdays, Sundays, and legal holidays, after
997 the date of service of process constitutes an absolute waiver of
998 the mobile home owner’s defenses other than payment, and the
999 park owner is entitled to an immediate default judgment for
1000 removal of the mobile home owner with a writ of possession to be
1001 issued without further notice or hearing thereon. If a motion to
1002 determine rent is filed, the movant must provide sworn
1003 documentation in support of his or her allegation that the rent
1004 alleged in the complaint is erroneous as required herein
1005 constitutes an absolute waiver of the mobile home owner’s
1006 defenses other than payment, and the park owner is entitled to
1007 an immediate default.
1008 (3) When the mobile home owner has deposited funds into the
1009 registry of the court in accordance with the provisions of this
1010 section and the park owner is in actual danger of loss of the
1011 premises or other personal hardship resulting from the loss of
1012 rental income from the premises, the park owner may apply to the
1013 court for disbursement of all or part of the funds or for prompt
1014 final hearing, whereupon the court shall advance the cause on
1015 the calendar. The court, after preliminary hearing, may award
1016 all or any portion of the funds on deposit to the park owner or
1017 may proceed immediately to a final resolution of the cause.
1018 Section 20. For the purpose of incorporating the amendment
1019 made by this act to section 420.5087, Florida Statutes, in a
1020 reference thereto, paragraph (i) of subsection (22) of section
1021 420.507, Florida Statutes, is reenacted to read:
1022 420.507 Powers of the corporation.—The corporation shall
1023 have all the powers necessary or convenient to carry out and
1024 effectuate the purposes and provisions of this part, including
1025 the following powers which are in addition to all other powers
1026 granted by other provisions of this part:
1027 (22) To develop and administer the State Apartment
1028 Incentive Loan Program. In developing and administering that
1029 program, the corporation may:
1030 (i) Establish, by rule, the procedure for competitively
1031 evaluating and selecting all applications for funding based on
1032 the criteria set forth in s. 420.5087(6)(c), determining actual
1033 loan amounts, making and servicing loans, and exercising the
1034 powers authorized in this subsection.
1035 Section 21. For the purpose of incorporating the amendment
1036 made by this act to section 420.5095, Florida Statutes, in a
1037 reference thereto, subsection (2) of section 193.018, Florida
1038 Statutes, is reenacted to read:
1039 193.018 Land owned by a community land trust used to
1040 provide affordable housing; assessment; structural improvements,
1041 condominium parcels, and cooperative parcels.—
1042 (2) A community land trust may convey structural
1043 improvements, condominium parcels, or cooperative parcels, that
1044 are located on specific parcels of land that are identified by a
1045 legal description contained in and subject to a ground lease
1046 having a term of at least 99 years, for the purpose of providing
1047 affordable housing to natural persons or families who meet the
1048 extremely-low-income, very-low-income, low-income, or moderate
1049 income limits specified in s. 420.0004, or the income limits for
1050 workforce housing, as defined in s. 420.5095(3). A community
1051 land trust shall retain a preemptive option to purchase any
1052 structural improvements, condominium parcels, or cooperative
1053 parcels on the land at a price determined by a formula specified
1054 in the ground lease which is designed to ensure that the
1055 structural improvements, condominium parcels, or cooperative
1056 parcels remain affordable.
1057 Section 22. This act shall take effect July 1, 2020.