Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 1328
Ì437732+Î437732
LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Perry) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 125.379, Florida
6 Statutes, is amended to read:
7 125.379 Disposition of county property for affordable
8 housing.—
9 (1) Beginning July 1, 2018 By July 1, 2007, and every 3
10 years thereafter, each county shall prepare an inventory list of
11 all real property within its jurisdiction to which the county
12 holds fee simple title that is appropriate for use as affordable
13 housing. The real property must be evaluated on criteria that
14 include environmental suitability for construction, site
15 characteristics, current land use designation, current or
16 anticipated zoning, inclusion in at least one special district,
17 existing infrastructure, proximity to employment opportunities,
18 proximity to public transportation, and proximity to existing
19 services. The inventory list must include the address and legal
20 description of each such real property and specify whether the
21 property is vacant or improved. The governing body of the county
22 must review the inventory list at a public hearing and may
23 revise it at the conclusion of the public hearing. The governing
24 body of the county shall adopt a resolution that includes an
25 inventory list of such property following the public hearing.
26 Section 2. Subsection (1) of section 166.0451, Florida
27 Statutes, is amended to read:
28 166.0451 Disposition of municipal property for affordable
29 housing.—
30 (1) Beginning July 1, 2018 By July 1, 2007, and every 3
31 years thereafter, each municipality shall prepare an inventory
32 list of all real property within its jurisdiction to which the
33 municipality holds fee simple title that is appropriate for use
34 as affordable housing. Such real property shall be evaluated on
35 criteria that include the environmental suitability for
36 construction, site characteristics, currently designated land
37 use, current or anticipated zoning, inclusion in one or more
38 special districts, existing infrastructure, proximity to
39 employment opportunities, proximity to public transportation,
40 and proximity to existing services. The inventory list must
41 include the address and legal description of each such property
42 and specify whether the property is vacant or improved. The
43 governing body of the municipality must review the inventory
44 list at a public hearing and may revise it at the conclusion of
45 the public hearing. Following the public hearing, the governing
46 body of the municipality shall adopt a resolution that includes
47 an inventory list of such property.
48 Section 3. Subsections (4) and (7) of section 253.0341,
49 Florida Statutes, are amended to read:
50 253.0341 Surplus of state-owned lands.—
51 (4) Beginning July 1, 2018, and continuing every 3 years
52 thereafter At least every 10 years, as a component of each land
53 management plan or land use plan and in a form and manner
54 adopted by rule of the board of trustees, each manager shall
55 evaluate and indicate to the board of trustees those lands that
56 are not being used for the purpose for which they were
57 originally leased. For conservation lands, the Acquisition and
58 Restoration Council shall review and recommend to the board of
59 trustees whether such lands should be retained in public
60 ownership or disposed of by the board of trustees. For
61 nonconservation lands, the Division of State Lands shall review
62 and recommend to the board of trustees whether such lands should
63 be retained in public ownership or disposed of by the board of
64 trustees.
65 (7)(a) The board of trustees must first offer
66 nonconservation surplus lands to the county and municipality
67 where the land is located for use as affordable housing as
68 identified by the Florida Housing Finance Corporation pursuant
69 to s. 420.56. All surplus buildings or land not needed for
70 affordable housing Before a building or parcel of land is
71 offered for lease or sale to a local or federal unit of
72 government or a private party, it shall first be offered for
73 lease to state agencies, state universities, and Florida College
74 System institutions, with priority consideration given to state
75 universities and Florida College System institutions. If the
76 surplus building or land is not used for affordable housing or
77 leased by a state agency, state university, or Florida College
78 System institution, then the board of trustees shall offer the
79 building or parcel for lease or sale to a local or federal unit
80 of government or a private party.
81 (b) Within 60 days after the offer for lease of a surplus
82 building or parcel, a state university or Florida College System
83 institution that requests the lease must submit a plan for
84 review and approval by the Board of Trustees of the Internal
85 Improvement Trust Fund regarding the intended use, including
86 future use, of the building or parcel of land before approval of
87 a lease. Within 60 days after the offer for lease of a surplus
88 building or parcel, a state agency that requests the lease of
89 such facility or parcel must submit a plan for review and
90 approval by the board of trustees regarding the intended use.
91 The state agency plan must, at a minimum, include the proposed
92 use of the facility or parcel, the estimated cost of renovation,
93 a capital improvement plan for the building, evidence that the
94 building or parcel meets an existing need that cannot otherwise
95 be met, and other criteria developed by rule by the board of
96 trustees. The board or its designee shall compare the estimated
97 value of the building or parcel to any submitted business plan
98 to determine if the lease or sale is in the best interest of the
99 state. The board of trustees shall adopt rules pursuant to
100 chapter 120 for the implementation of this section.
101 Section 4. Subsection (3) is amended, and subsection (12)
102 is added to section 337.25, Florida Statutes, to read:
103 337.25 Acquisition, lease, and disposal of real and
104 personal property.—
105 (3) Beginning July 1, 2018, the department shall evaluate
106 all of its land not within a transportation corridor or within
107 the right-of-way of a transportation facility at least every 10
108 years on a rotating basis to determine whether the property
109 should be retained. The inventory of real property that was
110 acquired by the state after December 31, 1988, that has been
111 owned by the state for 10 or more years, and that is not within
112 a transportation corridor or within the right-of-way of a
113 transportation facility shall be evaluated to determine the
114 necessity for retaining the property. If the property is not
115 needed for the construction, operation, and maintenance of a
116 transportation facility or is not located within a
117 transportation corridor, the department may dispose of the
118 property pursuant to subsection (4).
119 (12) Except in a conveyance transacted under paragraphs
120 (4)(a), (c), and (e), the department must first offer parcels of
121 nonconservation surplus land to the county and municipality
122 where the land is located for use as affordable housing as
123 identified by the Florida Housing Finance Corporation pursuant
124 to s. 420.56.
125 Section 5. Subsection (1) is amended, and subsection (9) is
126 added to section 373.089, Florida Statutes, to read:
127 373.089 Sale or exchange of lands, or interests or rights
128 in lands.—The governing board of the district may sell lands, or
129 interests or rights in lands, to which the district has acquired
130 title or to which it may hereafter acquire title in the
131 following manner:
132 (1) Beginning on July 1, 2018, the district shall review
133 all lands and interests or rights in lands every 10 years on a
134 rotating basis to determine whether the lands are still needed
135 for the purpose for which they were acquired. Any lands, or
136 interests or rights in lands, determined by the governing board
137 to be surplus may be sold by the district, at any time, for the
138 highest price obtainable; however, in no case shall the selling
139 price be less than the appraised value of the lands, or
140 interests or rights in lands, as determined by a certified
141 appraisal obtained within 360 days before the effective date of
142 a contract for sale.
143 (9) The governing board must first offer nonconservation
144 surplus lands to the county and municipality where the land is
145 located for use as affordable housing as identified by the
146 Florida Housing Finance Corporation pursuant to s. 420.56.
147 Districts must only offer nonconservation surplus lands
148 originally acquired using state funds.
149
150 If the Board of Trustees of the Internal Improvement Trust Fund
151 declines to accept title to the lands offered under this
152 section, the land may be disposed of by the district under the
153 provisions of this section.
154 Section 6. Subsections (35) and (46) of section 420.507,
155 Florida Statutes, are amended to read:
156 420.507 Powers of the corporation.—The corporation shall
157 have all the powers necessary or convenient to carry out and
158 effectuate the purposes and provisions of this part, including
159 the following powers which are in addition to all other powers
160 granted by other provisions of this part:
161 (35)(a) Upon a determination of good cause and after
162 service of an administrative complaint and adequate notice, to
163 take one or more of the following actions against any applicant
164 or affiliate of an applicant:
165 1. Preclude such applicant or affiliate from applying for
166 funding from any corporation program for a specified period;
167 2. Revoke any funding previously awarded by the corporation
168 for any development for which construction or rehabilitation has
169 not commenced; and
170 3. Suspend any funding, credit underwriting procedures, or
171 application review for any development for which construction or
172 rehabilitation has not commenced from the time an administrative
173 complaint is filed until a final order is issued in regard to
174 that complaint.
175 (b) For purposes of this subsection, the term “good cause”
176 means that the applicant or affiliate of an applicant:
177 1. Has made a material misrepresentation or engaged in
178 fraudulent actions in connection with any application for a
179 corporation program;
180 2. Has been convicted or found guilty of, or entered a plea
181 of guilty or nolo contendere to, regardless of adjudication, a
182 crime in any jurisdiction which directly relates to the
183 financing, construction, or management of affordable housing or
184 the fraudulent procurement of state or federal funds. The record
185 of a conviction certified or authenticated in such form as to be
186 admissible in evidence under the laws of the state shall be
187 admissible as prima facie evidence of such guilt;
188 3. Has been excluded from federal or state procurement
189 programs for any reason; or
190 4. Has offered or given consideration with respect to a
191 local contribution in violation of corporation rules To preclude
192 from further participation in any of the corporation’s programs,
193 any applicant or affiliate of an applicant which has made a
194 material misrepresentation or engaged in fraudulent actions in
195 connection with any application for a corporation program.
196 (46) To require, as a condition of financing a multifamily
197 rental project, including allocating competitive low-income
198 housing tax credits, that an agreement be recorded in the
199 official records of the county where the real property is
200 located, which requires that the project be used for housing
201 defined as affordable in s. 420.0004(3) by persons defined in s.
202 420.0004(9), (11), (12), and (17). The term of such agreement
203 does not extend beyond that period of time required by 26 U.S.C.
204 42(h)(6)(D)(ii)(II), unless the corporation affirms at the time
205 of the initial credit underwriting that the project will remain
206 economically feasible beyond such period. Such an agreement is a
207 state land use regulation that limits the highest and best use
208 of the property within the meaning of s. 193.011(2).
209 Section 7. Paragraph (c) of subsection (6) of section
210 420.5087, Florida Statutes, is amended to read:
211 420.5087 State Apartment Incentive Loan Program.—There is
212 hereby created the State Apartment Incentive Loan Program for
213 the purpose of providing first, second, or other subordinated
214 mortgage loans or loan guarantees to sponsors, including for
215 profit, nonprofit, and public entities, to provide housing
216 affordable to very-low-income persons.
217 (6) On all state apartment incentive loans, except loans
218 made to housing communities for the elderly to provide for
219 lifesafety, building preservation, health, sanitation, or
220 security-related repairs or improvements, the following
221 provisions shall apply:
222 (c) The corporation shall provide by rule for the
223 establishment of a review committee for the competitive
224 evaluation and selection of applications submitted in this
225 program, including, but not limited to, the following criteria:
226 1. Tenant income and demographic targeting objectives of
227 the corporation.
228 2. Targeting objectives of the corporation which will
229 ensure an equitable distribution of loans between rural and
230 urban areas.
231 3. Sponsor’s agreement to reserve the units for persons or
232 families who have incomes below 50 percent of the state or local
233 median income, whichever is higher, for a time period that
234 exceeds the minimum required by federal law or this part.
235 4. Sponsor’s agreement to reserve more than:
236 a. Twenty percent of the units in the project for persons
237 or families who have incomes that do not exceed 50 percent of
238 the state or local median income, whichever is higher; or
239 b. Forty percent of the units in the project for persons or
240 families who have incomes that do not exceed 60 percent of the
241 state or local median income, whichever is higher, without
242 requiring a greater amount of the loans as provided in this
243 section.
244 5. Provision for tenant counseling.
245 6. Sponsor’s agreement to accept rental assistance
246 certificates or vouchers as payment for rent.
247 7. Projects requiring the least amount of a state apartment
248 incentive loan compared to overall project cost, except that the
249 share of the loan attributable to units serving extremely-low
250 income persons must be excluded from this requirement.
251 8. Local government contributions and local government
252 comprehensive planning and activities that promote affordable
253 housing, policies that promote access to public transportation,
254 reduce the need for onsite parking, and expedite permits for
255 affordable housing projects as provided in s. 553.7923.
256 9. Project feasibility.
257 10. Economic viability of the project.
258 11. Commitment of first mortgage financing.
259 12. Sponsor’s prior experience.
260 13. Sponsor’s ability to proceed with construction.
261 14. Projects that directly implement or assist welfare-to
262 work transitioning.
263 15. Projects that reserve units for extremely-low-income
264 persons.
265 16. Projects that include green building principles, storm
266 resistant construction, or other elements that reduce long-term
267 costs relating to maintenance, utilities, or insurance.
268 17. Job-creation rate of the developer and general
269 contractor, as provided in s. 420.507(47).
270 Section 8. Section 420.56, Florida Statutes, is created to
271 read:
272 420.56 Disposal of surplus lands for use as affordable
273 housing.—
274 (1) It is intent of the Legislature to make all surplus
275 lands designated as nonconservation available for affordable
276 housing before making the parcels available for purchase by
277 other governmental entities or the public.
278 (2) The Department of Environmental Protection acting on
279 the behalf of the Board of Trustees of the Internal Improvement
280 Trust Fund, the Department of Transportation, and each water
281 management district shall notify the corporation when
282 nonconservation land becomes available for surplus as part of
283 the entity’s regular review of lands under the provisions of s.
284 253.0341, s. 337.25, or s. 373.089 before making the parcel
285 available for any other use, including for purchase by other
286 governmental entities or the public. Water management districts
287 must only identify nonconservation surplus lands originally
288 acquired using state funds.
289 (3) In consultation with the Department of Environmental
290 Protection, the Department of Transportation, and the water
291 management districts, the corporation must evaluate whether
292 these surplus lands are suitable for affordable housing based on
293 the property’s environmental suitability for construction;
294 current and anticipated land use and zoning; inclusion in one or
295 more special districts; existing infrastructure on the land,
296 such as roads, water, sewer, and electricity; access to grocery
297 stores within walking distance or by public transportation;
298 access to employment opportunities within walking distance or by
299 public transportation; access to public transportation within
300 one half mile; and access to community services, such as public
301 libraries, food kitchens, and employment centers.
302 (4) If the corporation determines that the nonconservation
303 surplus land is suitable for affordable housing, the entity
304 seeking to dispose of the parcel must first offer the land to
305 the county and municipality where the land is located, to be
306 used for affordable housing, before the entity offers the land
307 to other governmental entities or the public. If the county and
308 municipality where the parcel is located do not wish to use the
309 parcel for affordable housing, the entity may dispose of the
310 parcel as otherwise provided by law or herein.
311 (5) The Board of Trustees of the Internal Improvement Trust
312 Fund, the Department of Transportation, and the water management
313 districts may sell the parcels identified by the corporation for
314 affordable housing for less than the appraised value to any
315 party so long as the agency places an encumbrance on the parcels
316 to ensure the purchaser uses the land for affordable housing for
317 a period of not less than 99 years.
318 (6)(a) The Board of Trustees of the Internal Improvement
319 Trust Fund, the Department of Transportation, and the water
320 management districts are exempt from the disposal procedures of
321 ss. 253.0341(8) and (9), 337.25(4) and (7), 373.089(1), (2),
322 (3), and (8) when disposing of nonconservation surplus lands
323 under this section.
324 (b) The sale price of land parcels disposed of pursuant to
325 this section shall be determined by the entity disposing of the
326 parcels. The Department of Transportation, the Board of Trustees
327 of the Internal Improvement Trust Fund, and the water management
328 districts must consider at least one appraisal of the property
329 or, if the estimated value of the land is $500,000 or less, a
330 comparable sales analysis or a broker’s opinion of value.
331 Section 9. Section 420.57, Florida Statutes, is created to
332 read:
333 420.57 Hurricane recovery programs.—
334 (1) The Hurricane Housing Recovery Program is created to
335 provide funds to local governments for affordable housing
336 recovery efforts, similar to the State Housing Initiatives
337 Partnership Program as set forth in ss. 420.907-420.9079.
338 Subject to a specific appropriation as authorized by the General
339 Appropriations Act, the Florida Housing Finance Corporation
340 shall administer the program. Notwithstanding ss. 420.9072 and
341 420.9073, the Florida Housing Finance Corporation shall allocate
342 resources to local governments according to a need-based formula
343 that reflects housing damage estimates and population impacts
344 resulting from hurricanes. Eligible local governments must
345 submit a strategy outlining proposed recovery actions, household
346 income levels and number of residential units to be served, and
347 funding requests. Program funds shall be used to serve
348 households with incomes up to 120 percent of area median income,
349 except that at least 30 percent of program funds should be
350 reserved for households with incomes up to 50 percent of area
351 median income and an additional 30 percent of program funds
352 should be reserved for households with incomes up to 80 percent
353 of area median income. Program funds shall be used as follows:
354 (a) At least 65 percent of funds shall be used for
355 homeownership.
356 (b) Up to 15 percent of the funds may be used for
357 administrative expenses to ensure expeditious use of funds.
358 (c) Up to one-quarter of 1 percent may be used by the
359 Florida Housing Finance Corporation for compliance monitoring.
360 (2) Each participating local government shall submit to the
361 Florida Housing Finance Corporation an annual report of its use
362 of funds from the Hurricane Housing Recovery Program. The
363 corporation shall compile the reports and submit them to the
364 President of the Senate and the Speaker of the House of
365 Representatives.
366 (3) The Rental Recovery Loan Program is created to provide
367 funds to build additional rental housing due to impacts to the
368 affordable housing stock and changes to the population resulting
369 from hurricanes. The program is intended to allow the state to
370 leverage additional federal rental financing similar to the
371 State Apartment Incentive Loan Program as described in s.
372 420.5087 and is subject to a specific appropriation in the
373 General Appropriations Act.
374 (4) The Florida Housing Finance Corporation may adopt rules
375 to administer this section.
376 Section 10. The Florida Housing Finance Corporation may
377 adopt emergency rules pursuant to s. 120.54, Florida Statutes,
378 to implement s. 420.57, Florida Statutes. The Legislature finds
379 that emergency rules adopted to implement this section meet the
380 health, safety, and welfare requirements of s. 120.54(4),
381 Florida Statutes. The Legislature also finds that such emergency
382 rulemaking is necessary to preserve the rights and welfare of
383 the people and to provide additional funds to assist those areas
384 of the state that sustained impacts to available affordable
385 housing stock due to recent hurricanes. Therefore, in adopting
386 such emergency rules, the corporation is not required to make
387 the findings required by s. 120.54(4)(a), Florida Statutes.
388 Emergency rules adopted under this section are exempt from s.
389 120.54(4)(c), Florida Statutes. The emergency rules shall remain
390 in effect for 6 months after adoption and may be renewed during
391 the pendency of procedures to adopt rules addressing the subject
392 of the emergency rules.
393 Section 11. Subsection (16) of section 420.9071, Florida
394 Statutes, is amended to read:
395 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
396 term:
397 (16) “Local housing incentive strategies” means local
398 regulatory reform or incentive programs to encourage or
399 facilitate affordable housing production, which include, at a
400 minimum, expediting development permits as defined in s.
401 163.3164(16), construction permits, and certificates of
402 occupancy for affordable housing projects as provided in s.
403 553.7923 assurance that permits for affordable housing projects
404 are expedited to a greater degree than other projects, as
405 provided in s. 163.3177(6)(f)3.; an ongoing process for review
406 of local policies, ordinances, regulations, and plan provisions
407 that increase the cost of housing prior to their adoption; and a
408 schedule for implementing the incentive strategies. Local
409 housing incentive strategies may also include other regulatory
410 reforms, such as those enumerated in s. 420.9076 or those
411 recommended by the affordable housing advisory committee in its
412 triennial evaluation of the implementation of affordable housing
413 incentives, and adopted by the local governing body.
414 Section 12. Section 553.7923, Florida Statutes, is created
415 to read:
416 553.7923 Local Permit Approval Process for Affordable
417 Housing.—
418 (1) A local government has 15 days after the date it
419 receives an application for a development permit, construction
420 permit, or certificate of occupancy for affordable housing to
421 examine the application and notify the applicant of any apparent
422 errors or omissions and request any additional information the
423 local government is permitted by law to require.
424 (2) If a local government does not request additional
425 information within the required time, the local government may
426 not deny a development permit, construction permit, or
427 certificate of occupancy for affordable housing if the applicant
428 has failed to correct an error or omission or to supply
429 additional information.
430 (3) The local government may require any additional
431 requested information to be submitted no later than 10 days
432 after the date of the notice specified in subsection (1).
433 (4) For good cause shown, the local government shall grant
434 a request for an extension of time for submitting the additional
435 information.
436 (5) An application is complete upon receipt of all
437 requested information and the correction of any error or
438 omission for which the applicant was timely notified or when the
439 time for notification has expired.
440 (6) The local government must approve or deny an
441 application for a development permit, construction permit, or
442 certificate of occupancy for affordable housing within 60 days
443 after receipt of a completed application unless a shorter period
444 of time for local government action is provided by law.
445 (7) If the local government does not approve or deny an
446 application for a development permit, construction permit, or
447 certificate of occupancy for affordable housing within the 60
448 day or shorter period, the permit is considered approved and the
449 local government must issue the development permit, construction
450 permit, or certificate of occupancy and may include such
451 reasonable conditions as authorized by law.
452 (8) An applicant for a development permit, construction
453 permit, or certificate of occupancy seeking to receive a permit
454 by default under this section must notify the local government
455 in writing of the intent to rely upon the default approval
456 provision of this section but may not take any action based upon
457 the default development permit, construction permit, or
458 certificate of occupancy until the applicant receives
459 notification or a receipt that the local government received the
460 notice. The applicant must retain the notification or receipt.
461 Section 13. This act shall take effect July 1, 2018.
462
463 ================= T I T L E A M E N D M E N T ================
464 And the title is amended as follows:
465 Delete everything before the enacting clause
466 and insert:
467 A bill to be entitled
468 An act relating to affordable housing; amending ss.
469 125.379 and 166.0451, F.S.; revising the criteria that
470 counties and municipalities must use when evaluating
471 real property as part of their inventory for disposal
472 of lands; amending ss. 253.0341, 337.25, and 373.089,
473 F.S.; revising the procedures under which the Board of
474 Trustees of the Internal Improvement Trust Fund, the
475 Department of Transportation, and the water management
476 districts must dispose of nonconservation surplus
477 lands; amending s. 420.507, F.S.; authorizing the
478 Florida Housing Finance Corporation to take one or
479 more specified actions against any applicant or
480 affiliate of an applicant upon a determination of good
481 cause and after service of an administrative complaint
482 and adequate notice; defining the term “good cause”;
483 authorizing the corporation to require, as a condition
484 of financing a multifamily rental project, including
485 allocating competitive low-income housing tax credits,
486 that a certain agreement be recorded in the official
487 records of the county where the real property is
488 located; providing requirements for the term of such
489 agreement; amending s. 420.5087, F.S.; revising the
490 criteria used by a review committee when evaluating
491 and selecting specified applications for the state
492 apartment incentive loans; creating s. 420.56, F.S.;
493 providing legislative intent; providing a process for
494 certain entities to dispose of surplus lands for use
495 as affordable housing; creating s. 420.57, F.S.;
496 creating the Hurricane Housing Recovery Program to
497 provide funds for certain affordable housing recovery
498 efforts; requiring the corporation to administer the
499 program and allocate resources to local governments
500 that meet certain criteria; specifying requirements
501 for receiving and using funds; requiring participating
502 local governments to submit a report; requiring the
503 corporation to compile the reports and submit them to
504 the Legislature; creating the Rental Recovery Loan
505 Program to provide funds for additional rental housing
506 due to specified impacts; providing a rationale for
507 the program; authorizing the corporation to adopt
508 rules to administer specified provisions; authorizing
509 the corporation to adopt emergency rules; providing
510 legislative findings; providing that the corporation
511 is not required to make specified findings; providing
512 an exemption; requiring the emergency rules to remain
513 in effect for a specified period after adoption;
514 authorizing the emergency rules to be renewed during
515 the pendency of procedures to adopt rules addressing
516 the subject of the emergency rules; amending s.
517 420.9071, F.S.; revising the definition of the term
518 “local housing incentive strategies”; creating s.
519 553.7923, F.S.; providing a local permit approval
520 process for affordable housing; providing an effective
521 date.