Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 1328
Ì443072ÄÎ443072
576-03499-18
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Transportation, Tourism, and
Economic Development)
1 A bill to be entitled
2 An act relating to affordable housing; amending ss.
3 125.379 and 166.0451, F.S.; revising the criteria that
4 counties and municipalities must use when evaluating
5 real property as part of their inventory for disposal
6 of lands; amending ss. 253.0341, 337.25, and 373.089,
7 F.S.; revising the procedures under which the Board of
8 Trustees of the Internal Improvement Trust Fund, the
9 Department of Transportation, and the water management
10 districts must dispose of nonconservation surplus
11 lands; amending s. 420.507, F.S.; authorizing the
12 Florida Housing Finance Corporation to take one or
13 more specified actions against any applicant or
14 affiliate of an applicant upon a determination of good
15 cause and after service of an administrative complaint
16 and adequate notice; defining the term “good cause”;
17 authorizing the corporation to require, as a condition
18 of financing a multifamily rental project, including
19 allocating competitive low-income housing tax credits,
20 that a certain agreement be recorded in the official
21 records of the county where the real property is
22 located; providing requirements for the term of such
23 agreement; amending s. 420.5087, F.S.; revising the
24 criteria used by a review committee when evaluating
25 and selecting specified applications for the state
26 apartment incentive loans; creating s. 420.56, F.S.;
27 providing legislative intent; providing a process for
28 certain entities to dispose of surplus lands for use
29 as affordable housing; creating s. 420.57, F.S.;
30 creating the Hurricane Housing Recovery Program to
31 provide funds for certain affordable housing recovery
32 efforts; requiring the corporation to administer the
33 program and allocate resources to local governments
34 that meet certain criteria; specifying requirements
35 for receiving and using funds; requiring participating
36 local governments to submit a report; requiring the
37 corporation to compile the reports and submit them to
38 the Legislature; creating the Rental Recovery Loan
39 Program to provide funds for additional rental housing
40 due to specified impacts; providing a rationale for
41 the program; authorizing the corporation to adopt
42 rules to administer specified provisions; authorizing
43 the corporation to adopt emergency rules; providing
44 legislative findings; providing that the corporation
45 is not required to make specified findings; providing
46 an exemption; requiring the emergency rules to remain
47 in effect for a specified period after adoption;
48 authorizing the emergency rules to be renewed during
49 the pendency of procedures to adopt rules addressing
50 the subject of the emergency rules; amending s.
51 420.9071, F.S.; revising the definition of the term
52 “local housing incentive strategies”; amending s.
53 423.02, F.S.; exempting housing projects, including
54 certain property, of housing authorities or their
55 nonprofit instrumentalities from all taxes, user fees,
56 and special assessments of the state or any city,
57 town, county, or political subdivision of the state;
58 providing that, in lieu of such taxes, user fees, or
59 special assessments, a housing authority or its
60 nonprofit instrumentality may agree to make payments
61 to any city, town, county, or political subdivision of
62 the state for services, improvements, or facilities
63 furnished by such city, town, county, or political
64 subdivision for the benefit of a housing project owned
65 by the housing authority or its nonprofit
66 instrumentality; creating s. 553.7923, F.S.; providing
67 a local permit approval process for affordable
68 housing; providing an effective date.
69
70 Be It Enacted by the Legislature of the State of Florida:
71
72 Section 1. Subsection (1) of section 125.379, Florida
73 Statutes, is amended to read:
74 125.379 Disposition of county property for affordable
75 housing.—
76 (1) Beginning July 1, 2018 By July 1, 2007, and every 3
77 years thereafter, each county shall prepare an inventory list of
78 all real property within its jurisdiction to which the county
79 holds fee simple title that is appropriate for use as affordable
80 housing. The real property must be evaluated on criteria that
81 include environmental suitability for construction, site
82 characteristics, current land use designation, current or
83 anticipated zoning, inclusion in at least one special district,
84 existing infrastructure, proximity to employment opportunities,
85 proximity to public transportation, and proximity to existing
86 services. The inventory list must include the address and legal
87 description of each such real property and specify whether the
88 property is vacant or improved. The governing body of the county
89 must review the inventory list at a public hearing and may
90 revise it at the conclusion of the public hearing. The governing
91 body of the county shall adopt a resolution that includes an
92 inventory list of such property following the public hearing.
93 Section 2. Subsection (1) of section 166.0451, Florida
94 Statutes, is amended to read:
95 166.0451 Disposition of municipal property for affordable
96 housing.—
97 (1) Beginning July 1, 2018 By July 1, 2007, and every 3
98 years thereafter, each municipality shall prepare an inventory
99 list of all real property within its jurisdiction to which the
100 municipality holds fee simple title that is appropriate for use
101 as affordable housing. Such real property shall be evaluated on
102 criteria that include the environmental suitability for
103 construction, site characteristics, currently designated land
104 use, current or anticipated zoning, inclusion in one or more
105 special districts, existing infrastructure, proximity to
106 employment opportunities, proximity to public transportation,
107 and proximity to existing services. The inventory list must
108 include the address and legal description of each such property
109 and specify whether the property is vacant or improved. The
110 governing body of the municipality must review the inventory
111 list at a public hearing and may revise it at the conclusion of
112 the public hearing. Following the public hearing, the governing
113 body of the municipality shall adopt a resolution that includes
114 an inventory list of such property.
115 Section 3. Subsections (4) and (7) of section 253.0341,
116 Florida Statutes, are amended to read:
117 253.0341 Surplus of state-owned lands.—
118 (4) Beginning July 1, 2018, and continuing every 3 years
119 thereafter At least every 10 years, as a component of each land
120 management plan or land use plan and in a form and manner
121 adopted by rule of the board of trustees, each manager shall
122 evaluate and indicate to the board of trustees those lands that
123 are not being used for the purpose for which they were
124 originally leased. For conservation lands, the Acquisition and
125 Restoration Council shall review and recommend to the board of
126 trustees whether such lands should be retained in public
127 ownership or disposed of by the board of trustees. For
128 nonconservation lands, the Division of State Lands shall review
129 and recommend to the board of trustees whether such lands should
130 be retained in public ownership or disposed of by the board of
131 trustees.
132 (7)(a) The board of trustees must first offer
133 nonconservation surplus lands to the county and municipality
134 where the land is located for use as affordable housing as
135 identified by the Florida Housing Finance Corporation pursuant
136 to s. 420.56. All surplus buildings or land not needed for
137 affordable housing Before a building or parcel of land is
138 offered for lease or sale to a local or federal unit of
139 government or a private party, it shall first be offered for
140 lease to state agencies, state universities, and Florida College
141 System institutions, with priority consideration given to state
142 universities and Florida College System institutions. If the
143 surplus building or land is not used for affordable housing or
144 leased by a state agency, state university, or Florida College
145 System institution, then the board of trustees shall offer the
146 building or parcel for lease or sale to a local or federal unit
147 of government or a private party.
148 (b) Within 60 days after the offer for lease of a surplus
149 building or parcel, a state university or Florida College System
150 institution that requests the lease must submit a plan for
151 review and approval by the Board of Trustees of the Internal
152 Improvement Trust Fund regarding the intended use, including
153 future use, of the building or parcel of land before approval of
154 a lease. Within 60 days after the offer for lease of a surplus
155 building or parcel, a state agency that requests the lease of
156 such facility or parcel must submit a plan for review and
157 approval by the board of trustees regarding the intended use.
158 The state agency plan must, at a minimum, include the proposed
159 use of the facility or parcel, the estimated cost of renovation,
160 a capital improvement plan for the building, evidence that the
161 building or parcel meets an existing need that cannot otherwise
162 be met, and other criteria developed by rule by the board of
163 trustees. The board or its designee shall compare the estimated
164 value of the building or parcel to any submitted business plan
165 to determine if the lease or sale is in the best interest of the
166 state. The board of trustees shall adopt rules pursuant to
167 chapter 120 for the implementation of this section.
168 Section 4. Subsection (3) is amended, and subsection (12)
169 is added to section 337.25, Florida Statutes, to read:
170 337.25 Acquisition, lease, and disposal of real and
171 personal property.—
172 (3) Beginning July 1, 2018, the department shall evaluate
173 all of its land not within a transportation corridor or within
174 the right-of-way of a transportation facility at least every 10
175 years on a rotating basis to determine whether the property
176 should be retained. The inventory of real property that was
177 acquired by the state after December 31, 1988, that has been
178 owned by the state for 10 or more years, and that is not within
179 a transportation corridor or within the right-of-way of a
180 transportation facility shall be evaluated to determine the
181 necessity for retaining the property. If the property is not
182 needed for the construction, operation, and maintenance of a
183 transportation facility or is not located within a
184 transportation corridor, the department may dispose of the
185 property pursuant to subsection (4).
186 (12) Except in a conveyance transacted under paragraphs
187 (4)(a), (c), and (e), the department must first offer parcels of
188 nonconservation surplus land to the county and municipality
189 where the land is located for use as affordable housing as
190 identified by the Florida Housing Finance Corporation pursuant
191 to s. 420.56.
192 Section 5. Subsection (1) is amended, and subsection (9) is
193 added to section 373.089, Florida Statutes, to read:
194 373.089 Sale or exchange of lands, or interests or rights
195 in lands.—The governing board of the district may sell lands, or
196 interests or rights in lands, to which the district has acquired
197 title or to which it may hereafter acquire title in the
198 following manner:
199 (1) Beginning on July 1, 2018, the district shall review
200 all lands and interests or rights in lands every 10 years on a
201 rotating basis to determine whether the lands are still needed
202 for the purpose for which they were acquired. Any lands, or
203 interests or rights in lands, determined by the governing board
204 to be surplus may be sold by the district, at any time, for the
205 highest price obtainable; however, in no case shall the selling
206 price be less than the appraised value of the lands, or
207 interests or rights in lands, as determined by a certified
208 appraisal obtained within 360 days before the effective date of
209 a contract for sale.
210 (9) The governing board must first offer nonconservation
211 surplus lands to the county and municipality where the land is
212 located for use as affordable housing as identified by the
213 Florida Housing Finance Corporation pursuant to s. 420.56.
214 Districts must only offer nonconservation surplus lands
215 originally acquired using state funds.
216
217 If the Board of Trustees of the Internal Improvement Trust Fund
218 declines to accept title to the lands offered under this
219 section, the land may be disposed of by the district under the
220 provisions of this section.
221 Section 6. Subsections (35) and (46) of section 420.507,
222 Florida Statutes, are amended to read:
223 420.507 Powers of the corporation.—The corporation shall
224 have all the powers necessary or convenient to carry out and
225 effectuate the purposes and provisions of this part, including
226 the following powers which are in addition to all other powers
227 granted by other provisions of this part:
228 (35)(a) Upon a determination of good cause and after
229 service of an administrative complaint and adequate notice, to
230 take one or more of the following actions against any applicant
231 or affiliate of an applicant:
232 1. Preclude such applicant or affiliate from applying for
233 funding from any corporation program for a specified period;
234 2. Revoke any funding previously awarded by the corporation
235 for any development for which construction or rehabilitation has
236 not commenced; and
237 3. Suspend any funding, credit underwriting procedures, or
238 application review for any development for which construction or
239 rehabilitation has not commenced from the time an administrative
240 complaint is filed until a final order is issued in regard to
241 that complaint.
242 (b) For purposes of this subsection, the term “good cause”
243 means that the applicant or affiliate of an applicant:
244 1. Has made a material misrepresentation or engaged in
245 fraudulent actions in connection with any application for a
246 corporation program;
247 2. Has been convicted or found guilty of, or entered a plea
248 of guilty or nolo contendere to, regardless of adjudication, a
249 crime in any jurisdiction which directly relates to the
250 financing, construction, or management of affordable housing or
251 the fraudulent procurement of state or federal funds. The record
252 of a conviction certified or authenticated in such form as to be
253 admissible in evidence under the laws of this state shall be
254 admissible as prima facie evidence of such guilt;
255 3. Has been excluded from federal or state procurement
256 programs for any reason; or
257 4. Has offered or given consideration with respect to a
258 local contribution in violation of corporation rules To preclude
259 from further participation in any of the corporation’s programs,
260 any applicant or affiliate of an applicant which has made a
261 material misrepresentation or engaged in fraudulent actions in
262 connection with any application for a corporation program.
263 (46) To require, as a condition of financing a multifamily
264 rental project, including allocating competitive low-income
265 housing tax credits, that an agreement be recorded in the
266 official records of the county where the real property is
267 located, which requires that the project be used for housing
268 defined as affordable in s. 420.0004(3) by persons defined in s.
269 420.0004(9), (11), (12), and (17). The term of such agreement
270 does not extend beyond that period of time required by 26 U.S.C.
271 42(h)(6)(D)(ii)(II), unless the corporation affirms at the time
272 of the initial credit underwriting that the project will remain
273 economically feasible beyond such period. Such an agreement is a
274 state land use regulation that limits the highest and best use
275 of the property within the meaning of s. 193.011(2).
276 Section 7. Paragraph (c) of subsection (6) of section
277 420.5087, Florida Statutes, is amended to read:
278 420.5087 State Apartment Incentive Loan Program.—There is
279 hereby created the State Apartment Incentive Loan Program for
280 the purpose of providing first, second, or other subordinated
281 mortgage loans or loan guarantees to sponsors, including for
282 profit, nonprofit, and public entities, to provide housing
283 affordable to very-low-income persons.
284 (6) On all state apartment incentive loans, except loans
285 made to housing communities for the elderly to provide for
286 lifesafety, building preservation, health, sanitation, or
287 security-related repairs or improvements, the following
288 provisions shall apply:
289 (c) The corporation shall provide by rule for the
290 establishment of a review committee for the competitive
291 evaluation and selection of applications submitted in this
292 program, including, but not limited to, the following criteria:
293 1. Tenant income and demographic targeting objectives of
294 the corporation.
295 2. Targeting objectives of the corporation which will
296 ensure an equitable distribution of loans between rural and
297 urban areas.
298 3. Sponsor’s agreement to reserve the units for persons or
299 families who have incomes below 50 percent of the state or local
300 median income, whichever is higher, for a time period that
301 exceeds the minimum required by federal law or this part.
302 4. Sponsor’s agreement to reserve more than:
303 a. Twenty percent of the units in the project for persons
304 or families who have incomes that do not exceed 50 percent of
305 the state or local median income, whichever is higher; or
306 b. Forty percent of the units in the project for persons or
307 families who have incomes that do not exceed 60 percent of the
308 state or local median income, whichever is higher, without
309 requiring a greater amount of the loans as provided in this
310 section.
311 5. Provision for tenant counseling.
312 6. Sponsor’s agreement to accept rental assistance
313 certificates or vouchers as payment for rent.
314 7. Projects requiring the least amount of a state apartment
315 incentive loan compared to overall project cost, except that the
316 share of the loan attributable to units serving extremely-low
317 income persons must be excluded from this requirement.
318 8. Local government contributions and local government
319 comprehensive planning and activities that promote affordable
320 housing, policies that promote access to public transportation,
321 reduce the need for onsite parking, and expedite permits for
322 affordable housing projects as provided in s. 553.7923.
323 9. Project feasibility.
324 10. Economic viability of the project.
325 11. Commitment of first mortgage financing.
326 12. Sponsor’s prior experience.
327 13. Sponsor’s ability to proceed with construction.
328 14. Projects that directly implement or assist welfare-to
329 work transitioning.
330 15. Projects that reserve units for extremely-low-income
331 persons.
332 16. Projects that include green building principles, storm
333 resistant construction, or other elements that reduce long-term
334 costs relating to maintenance, utilities, or insurance.
335 17. Job-creation rate of the developer and general
336 contractor, as provided in s. 420.507(47).
337 Section 8. Section 420.56, Florida Statutes, is created to
338 read:
339 420.56 Disposal of surplus lands for use as affordable
340 housing.—
341 (1) It is intent of the Legislature to make all surplus
342 lands designated as nonconservation available for affordable
343 housing before making the parcels available for purchase by
344 other governmental entities or the public.
345 (2) The Department of Environmental Protection acting on
346 the behalf of the Board of Trustees of the Internal Improvement
347 Trust Fund, the Department of Transportation, and each water
348 management district shall notify the corporation when
349 nonconservation land becomes available for surplus as part of
350 the entity’s regular review of lands under the provisions of s.
351 253.0341, s. 337.25, or s. 373.089 before making the parcel
352 available for any other use, including for purchase by other
353 governmental entities or the public. Water management districts
354 must only identify nonconservation surplus lands originally
355 acquired using state funds.
356 (3) In consultation with the Department of Environmental
357 Protection, the Department of Transportation, and the water
358 management districts, the corporation must evaluate whether
359 these surplus lands are suitable for affordable housing based on
360 the property’s environmental suitability for construction;
361 current and anticipated land use and zoning; inclusion in one or
362 more special districts; existing infrastructure on the land,
363 such as roads, water, sewer, and electricity; access to grocery
364 stores within walking distance or by public transportation;
365 access to employment opportunities within walking distance or by
366 public transportation; access to public transportation within
367 one half mile; and access to community services, such as public
368 libraries, food kitchens, and employment centers.
369 (4) If the corporation determines that the nonconservation
370 surplus land is suitable for affordable housing, the entity
371 seeking to dispose of the parcel must first offer the land to
372 the county and municipality where the land is located, to be
373 used for affordable housing, before the entity offers the land
374 to other governmental entities or the public. If the county and
375 municipality where the parcel is located do not wish to use the
376 parcel for affordable housing, the entity may dispose of the
377 parcel as otherwise provided by law or herein.
378 (5) The Board of Trustees of the Internal Improvement Trust
379 Fund, the Department of Transportation, and the water management
380 districts may sell the parcels identified by the corporation for
381 affordable housing for less than the appraised value to any
382 party so long as the agency places an encumbrance on the parcels
383 to ensure the purchaser uses the land for affordable housing for
384 a period of not less than 99 years.
385 (6)(a) The Board of Trustees of the Internal Improvement
386 Trust Fund, the Department of Transportation, and the water
387 management districts are exempt from the disposal procedures of
388 ss. 253.0341(8) and (9), 337.25(4) and (7), 373.089(1), (2),
389 (3), and (8) when disposing of nonconservation surplus lands
390 under this section.
391 (b) The sale price of land parcels disposed of pursuant to
392 this section shall be determined by the entity disposing of the
393 parcels. The Department of Transportation, the Board of Trustees
394 of the Internal Improvement Trust Fund, and the water management
395 districts must consider at least one appraisal of the property
396 or, if the estimated value of the land is $500,000 or less, a
397 comparable sales analysis or a broker’s opinion of value.
398 Section 9. Section 420.57, Florida Statutes, is created to
399 read:
400 420.57 Hurricane recovery programs.—
401 (1) The Hurricane Housing Recovery Program is created to
402 provide funds to local governments for affordable housing
403 recovery efforts, similar to the State Housing Initiatives
404 Partnership Program as set forth in ss. 420.907-420.9079.
405 Subject to a specific appropriation as authorized by the General
406 Appropriations Act, the Florida Housing Finance Corporation
407 shall administer the program. Notwithstanding ss. 420.9072 and
408 420.9073, the Florida Housing Finance Corporation shall allocate
409 resources to local governments according to a need-based formula
410 that reflects housing damage estimates and population impacts
411 resulting from hurricanes. Eligible local governments must
412 submit a strategy outlining proposed recovery actions, household
413 income levels and number of residential units to be served, and
414 funding requests. Program funds shall be used to serve
415 households with incomes up to 120 percent of area median income,
416 except that at least 30 percent of program funds should be
417 reserved for households with incomes up to 50 percent of area
418 median income and an additional 30 percent of program funds
419 should be reserved for households with incomes up to 80 percent
420 of area median income. Program funds shall be used as follows:
421 (a) At least 65 percent of funds shall be used for
422 homeownership.
423 (b) Up to 15 percent of the funds may be used for
424 administrative expenses to ensure expeditious use of funds.
425 (c) Up to one-quarter of 1 percent may be used by the
426 Florida Housing Finance Corporation for compliance monitoring.
427 (2) Each participating local government shall submit to the
428 Florida Housing Finance Corporation an annual report of its use
429 of funds from the Hurricane Housing Recovery Program. The
430 corporation shall compile the reports and submit them to the
431 President of the Senate and the Speaker of the House of
432 Representatives.
433 (3) The Rental Recovery Loan Program is created to provide
434 funds to build additional rental housing due to impacts to the
435 affordable housing stock and changes to the population resulting
436 from hurricanes. The program is intended to allow the state to
437 leverage additional federal rental financing similar to the
438 State Apartment Incentive Loan Program as described in s.
439 420.5087 and is subject to a specific appropriation in the
440 General Appropriations Act.
441 (4) The Florida Housing Finance Corporation may adopt rules
442 to administer this section.
443 Section 10. The Florida Housing Finance Corporation may
444 adopt emergency rules pursuant to s. 120.54, Florida Statutes,
445 to implement s. 420.57, Florida Statutes. The Legislature finds
446 that emergency rules adopted to implement this section meet the
447 health, safety, and welfare requirements of s. 120.54(4),
448 Florida Statutes. The Legislature also finds that such emergency
449 rulemaking is necessary to preserve the rights and welfare of
450 the people and to provide additional funds to assist those areas
451 of the state that sustained impacts to available affordable
452 housing stock due to recent hurricanes. Therefore, in adopting
453 such emergency rules, the corporation is not required to make
454 the findings required by s. 120.54(4)(a), Florida Statutes.
455 Emergency rules adopted under this section are exempt from s.
456 120.54(4)(c), Florida Statutes. The emergency rules shall remain
457 in effect for 6 months after adoption and may be renewed during
458 the pendency of procedures to adopt rules addressing the subject
459 of the emergency rules.
460 Section 11. Subsection (16) of section 420.9071, Florida
461 Statutes, is amended to read:
462 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
463 term:
464 (16) “Local housing incentive strategies” means local
465 regulatory reform or incentive programs to encourage or
466 facilitate affordable housing production, which include, at a
467 minimum, expediting development permits as defined in s.
468 163.3164(16), construction permits, and certificates of
469 occupancy for affordable housing projects as provided in s.
470 553.7923 assurance that permits for affordable housing projects
471 are expedited to a greater degree than other projects, as
472 provided in s. 163.3177(6)(f)3.; an ongoing process for review
473 of local policies, ordinances, regulations, and plan provisions
474 that increase the cost of housing prior to their adoption; and a
475 schedule for implementing the incentive strategies. Local
476 housing incentive strategies may also include other regulatory
477 reforms, such as those enumerated in s. 420.9076 or those
478 recommended by the affordable housing advisory committee in its
479 triennial evaluation of the implementation of affordable housing
480 incentives, and adopted by the local governing body.
481 Section 12. Section 423.02, Florida Statutes, is amended to
482 read:
483 423.02 Housing projects exempted from taxes, user fees, and
484 assessments; payments in lieu thereof.—The housing projects,
485 including all property of housing authorities used for or in
486 connection therewith or appurtenant thereto, of housing
487 authorities, or their nonprofit instrumentalities as authorized
488 by s. 421.08(8), shall be exempt from all taxes, user fees, and
489 special assessments of the state or any city, town, county, or
490 political subdivision of the state, provided, however, that in
491 lieu of such taxes, user fees, or special assessments, a housing
492 authority or its nonprofit instrumentality may agree to make
493 payments to any city, town, county, or political subdivision of
494 the state for services, improvements, or facilities furnished by
495 such city, town, county, or political subdivision for the
496 benefit of a housing project owned by the housing authority or
497 its nonprofit instrumentality, but in no event shall such
498 payments exceed the estimated cost to such city, town, county,
499 or political subdivision of the services, improvements, or
500 facilities to be so furnished.
501 Section 13. Section 553.7923, Florida Statutes, is created
502 to read:
503 553.7923 Local Permit Approval Process for Affordable
504 Housing.—
505 (1) A local government has 15 days after the date it
506 receives an application for a development permit, construction
507 permit, or certificate of occupancy for affordable housing to
508 examine the application and notify the applicant of any apparent
509 errors or omissions and request any additional information the
510 local government is permitted by law to require.
511 (2) If a local government does not request additional
512 information within the required time, the local government may
513 not deny a development permit, construction permit, or
514 certificate of occupancy for affordable housing if the applicant
515 has failed to correct an error or omission or to supply
516 additional information.
517 (3) The local government may require any additional
518 requested information to be submitted no later than 10 days
519 after the date of the notice specified in subsection (1).
520 (4) For good cause shown, the local government shall grant
521 a request for an extension of time for submitting the additional
522 information.
523 (5) An application is complete upon receipt of all
524 requested information and the correction of any error or
525 omission for which the applicant was timely notified or when the
526 time for notification has expired.
527 (6) The local government must approve or deny an
528 application for a development permit, construction permit, or
529 certificate of occupancy for affordable housing within 60 days
530 after receipt of a completed application unless a shorter period
531 of time for local government action is provided by law.
532 (7) If the local government does not approve or deny an
533 application for a development permit, construction permit, or
534 certificate of occupancy for affordable housing within the 60
535 day or shorter period, the permit is considered approved and the
536 local government must issue the development permit, construction
537 permit, or certificate of occupancy and may include such
538 reasonable conditions as authorized by law.
539 (8) An applicant for a development permit, construction
540 permit, or certificate of occupancy seeking to receive a permit
541 by default under this section must notify the local government
542 in writing of the intent to rely upon the default approval
543 provision of this section but may not take any action based upon
544 the default development permit, construction permit, or
545 certificate of occupancy until the applicant receives
546 notification or a receipt that the local government received the
547 notice. The applicant must retain the notification or receipt.
548 Section 14. This act shall take effect July 1, 2018.