Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. PCS (443072) for SB 1328
       
       
       
       
       
       
                                Ì618886aÎ618886                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2018           .                                
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       The Committee on Appropriations (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 86 - 397
    4  and insert:
    5  services. As long as a parcel is in an area suitable for
    6  residential development, it may be found to be suitable for use
    7  as affordable housing, even if the parcel does not meet one or
    8  more of these other criteria. The inventory list must include
    9  the address and legal description of each such real property and
   10  specify whether the property is vacant or improved. The
   11  governing body of the county must review the inventory list at a
   12  public hearing and may revise it at the conclusion of the public
   13  hearing. The governing body of the county shall adopt a
   14  resolution that includes an inventory list of such property
   15  following the public hearing.
   16         Section 2. Subsection (6) is added to section 163.31801,
   17  Florida Statutes, to read:
   18         163.31801 Impact fees; short title; intent; definitions;
   19  ordinances levying impact fees.—
   20         (6) In addition to the items that must be reported in the
   21  annual financial reports under s. 218.32, counties,
   22  municipalities, and special districts must report the following
   23  data on all impact fees charged:
   24         (a) The specific purpose of the impact fee, including the
   25  specific infrastructure need to be met, such as transportation,
   26  parks, water, sewer, and schools.
   27         (b) The Impact Fee Schedule Policy, describing the method
   28  of calculating impact fees, such as flat fee, tiered scale based
   29  on number of bedrooms, and tiered scale based on square footage.
   30         (c) The amount assessed for each purpose and type of
   31  dwelling.
   32         (d) The total amount of impact fees charged by type of
   33  dwelling.
   34         (e) Each exception and waiver provided for affordable
   35  housing developments.
   36         Section 3. Subsection (1) of section 166.0451, Florida
   37  Statutes, is amended to read:
   38         166.0451 Disposition of municipal property for affordable
   39  housing.—
   40         (1) Beginning July 1, 2018 By July 1, 2007, and every 3
   41  years thereafter, each municipality shall prepare an inventory
   42  list of all real property within its jurisdiction to which the
   43  municipality holds fee simple title that is appropriate for use
   44  as affordable housing. Such real property shall be evaluated on
   45  criteria that include the environmental suitability for
   46  construction, site characteristics, currently designated land
   47  use, current or anticipated zoning, inclusion in one or more
   48  special districts, existing infrastructure, proximity to
   49  employment opportunities, proximity to public transportation,
   50  and proximity to existing services. As long as a parcel is in an
   51  area suitable for residential development, it may be found to be
   52  suitable for use as affordable housing, even if the parcel does
   53  not meet one or more of these other criteria. The inventory list
   54  must include the address and legal description of each such
   55  property and specify whether the property is vacant or improved.
   56  The governing body of the municipality must review the inventory
   57  list at a public hearing and may revise it at the conclusion of
   58  the public hearing. Following the public hearing, the governing
   59  body of the municipality shall adopt a resolution that includes
   60  an inventory list of such property.
   61         Section 4. Subsection (7) of section 253.0341, Florida
   62  Statutes, is amended to read:
   63         253.0341 Surplus of state-owned lands.—
   64         (7)(a)The board of trustees must first offer
   65  nonconservation surplus lands to the county and municipality
   66  where the land is located for use as affordable housing as
   67  identified by the Florida Housing Finance Corporation pursuant
   68  to s. 420.56. All surplus buildings or land not needed for
   69  affordable housing Before a building or parcel of land is
   70  offered for lease or sale to a local or federal unit of
   71  government or a private party, it shall first be offered for
   72  lease to state agencies, state universities, and Florida College
   73  System institutions, with priority consideration given to state
   74  universities and Florida College System institutions. If a
   75  surplus building or land is not used for affordable housing or
   76  leased by a state agency, state university, or Florida College
   77  System institution, the board of trustees shall offer the
   78  building or land for lease or sale to a local or federal unit of
   79  government or a private party.
   80         (b) Within 60 days after the offer for lease of a surplus
   81  building or parcel, a state university or Florida College System
   82  institution that requests the lease must submit a plan for
   83  review and approval by the Board of Trustees of the Internal
   84  Improvement Trust Fund regarding the intended use, including
   85  future use, of the building or parcel of land before approval of
   86  a lease. Within 60 days after the offer for lease of a surplus
   87  building or parcel, a state agency that requests the lease of
   88  such facility or parcel must submit a plan for review and
   89  approval by the board of trustees regarding the intended use.
   90  The state agency plan must, at a minimum, include the proposed
   91  use of the facility or parcel, the estimated cost of renovation,
   92  a capital improvement plan for the building, evidence that the
   93  building or parcel meets an existing need that cannot otherwise
   94  be met, and other criteria developed by rule by the board of
   95  trustees. The board or its designee shall compare the estimated
   96  value of the building or parcel to any submitted business plan
   97  to determine if the lease or sale is in the best interest of the
   98  state. The board of trustees shall adopt rules pursuant to
   99  chapter 120 for the implementation of this section.
  100         Section 5. Subsection (3) is amended, and subsection (12)
  101  is added to section 337.25, Florida Statutes, to read:
  102         337.25 Acquisition, lease, and disposal of real and
  103  personal property.—
  104         (3) Beginning July 1, 2018, the department shall evaluate
  105  all of its land not within a transportation corridor or within
  106  the right-of-way of a transportation facility at least every 10
  107  years, on a rotating basis, to determine whether the property
  108  should be retained. The inventory of real property that was
  109  acquired by the state after December 31, 1988, that has been
  110  owned by the state for 10 or more years, and that is not within
  111  a transportation corridor or within the right-of-way of a
  112  transportation facility shall be evaluated to determine the
  113  necessity for retaining the property. If the property is not
  114  needed for the construction, operation, and maintenance of a
  115  transportation facility or is not located within a
  116  transportation corridor, the department may dispose of the
  117  property pursuant to subsection (4).
  118         (12)Except in a conveyance transacted under paragraphs
  119  (4)(a), (c), and (e), the department must first offer parcels of
  120  nonconservation surplus land to the county and municipality
  121  where the land is located for use as affordable housing as
  122  identified by the Florida Housing Finance Corporation pursuant
  123  to s. 420.56.
  124         Section 6. Subsection (1) is amended, and subsection (9) is
  125  added to section 373.089, Florida Statutes, to read:
  126         373.089 Sale or exchange of lands, or interests or rights
  127  in lands.—The governing board of the district may sell lands, or
  128  interests or rights in lands, to which the district has acquired
  129  title or to which it may hereafter acquire title in the
  130  following manner:
  131         (1) Beginning on July 1, 2018, the district shall review
  132  all lands and interests or rights in lands every 10 years, on a
  133  rotating basis, to determine whether the lands are still needed
  134  for the purpose for which they were acquired. Any lands, or
  135  interests or rights in lands, determined by the governing board
  136  to be surplus may be sold by the district, at any time, for the
  137  highest price obtainable; however, in no case shall the selling
  138  price be less than the appraised value of the lands, or
  139  interests or rights in lands, as determined by a certified
  140  appraisal obtained within 360 days before the effective date of
  141  a contract for sale.
  142         (9)The governing board must first offer nonconservation
  143  surplus lands to the county and municipality where the land is
  144  located for use as affordable housing as identified by the
  145  Florida Housing Finance Corporation pursuant to s. 420.56.
  146  Districts must only offer nonconservation surplus lands
  147  originally acquired using state funds.
  148  
  149  If the Board of Trustees of the Internal Improvement Trust Fund
  150  declines to accept title to the lands offered under this
  151  section, the land may be disposed of by the district under the
  152  provisions of this section.
  153         Section 7. Subsections (35) and (46) of section 420.507,
  154  Florida Statutes, are amended to read:
  155         420.507 Powers of the corporation.—The corporation shall
  156  have all the powers necessary or convenient to carry out and
  157  effectuate the purposes and provisions of this part, including
  158  the following powers which are in addition to all other powers
  159  granted by other provisions of this part:
  160         (35) Upon a determination of good cause and after service
  161  of an administrative complaint and adequate notice, to take one
  162  or more of the following actions against any applicant or
  163  affiliate of an applicant:
  164         (a)Preclude such applicant or affiliate from applying for
  165  funding from any corporation program for a specified period;
  166         (b)Revoke any funding previously awarded by the
  167  corporation for any development for which construction or
  168  rehabilitation has not commenced; and
  169         (c)Suspend any funding, credit underwriting procedures, or
  170  application review for any development for which construction or
  171  rehabilitation has not commenced, from the time an
  172  administrative complaint is filed until a final order is issued
  173  in regard to that complaint. For purposes of this subsection,
  174  the term “good cause means that the applicant or affiliate of
  175  an applicant:
  176         1. Has made a material misrepresentation or engaged in
  177  fraudulent actions in connection with any application for a
  178  corporation program;
  179         2. Has been convicted or found guilty of, or entered a plea
  180  of guilty or nolo contendere to, regardless of adjudication, a
  181  crime in any jurisdiction which directly relates to the
  182  financing, construction, or management of affordable housing or
  183  the fraudulent procurement of state or federal funds. The record
  184  of a conviction certified or authenticated in such form as to be
  185  admissible in evidence under the laws of this state shall be
  186  admissible as prima facie evidence of such guilt;
  187         3. Has been excluded from federal or state procurement
  188  programs for any reason; or
  189         4. Has offered or given consideration with respect to a
  190  local contribution in violation of corporation rules To preclude
  191  from further participation in any of the corporation’s programs,
  192  any applicant or affiliate of an applicant which has made a
  193  material misrepresentation or engaged in fraudulent actions in
  194  connection with any application for a corporation program.
  195         (46) To require, as a condition of financing a multifamily
  196  rental project, which may include allocating competitive low
  197  income housing tax credits, that an agreement be recorded in the
  198  official records of the county where the real property is
  199  located, which requires that the project be used for housing
  200  defined as affordable in s. 420.0004(3) by persons defined in s.
  201  420.0004(9), (11), (12), and (17). The term of such agreement
  202  may not extend beyond the period of time required by 26 U.S.C.
  203  42(h)(6)(D)(ii)(II), unless the corporation affirms at the time
  204  of the initial credit underwriting that the project will remain
  205  economically feasible beyond such period. Such an agreement is a
  206  state land use regulation that limits the highest and best use
  207  of the property within the meaning of s. 193.011(2).
  208         Section 8. Paragraph (c) of subsection (6) of section
  209  420.5087, Florida Statutes, is amended to read:
  210         420.5087 State Apartment Incentive Loan Program.—There is
  211  hereby created the State Apartment Incentive Loan Program for
  212  the purpose of providing first, second, or other subordinated
  213  mortgage loans or loan guarantees to sponsors, including for
  214  profit, nonprofit, and public entities, to provide housing
  215  affordable to very-low-income persons.
  216         (6) On all state apartment incentive loans, except loans
  217  made to housing communities for the elderly to provide for
  218  lifesafety, building preservation, health, sanitation, or
  219  security-related repairs or improvements, the following
  220  provisions shall apply:
  221         (c) The corporation shall provide by rule for the
  222  establishment of a review committee for the competitive
  223  evaluation and selection of applications submitted in this
  224  program, including, but not limited to, the following criteria:
  225         1. Tenant income and demographic targeting objectives of
  226  the corporation.
  227         2. Targeting objectives of the corporation which will
  228  ensure an equitable distribution of loans between rural and
  229  urban areas.
  230         3. Sponsor’s agreement to reserve the units for persons or
  231  families who have incomes below 50 percent of the state or local
  232  median income, whichever is higher, for a time period that
  233  exceeds the minimum required by federal law or this part.
  234         4. Sponsor’s agreement to reserve more than:
  235         a. Twenty percent of the units in the project for persons
  236  or families who have incomes that do not exceed 50 percent of
  237  the state or local median income, whichever is higher; or
  238         b. Forty percent of the units in the project for persons or
  239  families who have incomes that do not exceed 60 percent of the
  240  state or local median income, whichever is higher, without
  241  requiring a greater amount of the loans as provided in this
  242  section.
  243         5. Provision for tenant counseling.
  244         6. Sponsor’s agreement to accept rental assistance
  245  certificates or vouchers as payment for rent.
  246         7. Projects requiring the least amount of a state apartment
  247  incentive loan compared to overall project cost, except that the
  248  share of the loan attributable to units serving extremely-low
  249  income persons must be excluded from this requirement.
  250         8. Local government contributions and local government
  251  comprehensive planning and activities that promote affordable
  252  housing and policies that promote access to public
  253  transportation, reduce the need for onsite parking where
  254  appropriate, and expedite permits for affordable housing
  255  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 9. Section 420.56, Florida Statutes, is created to
  271  read:
  272         420.56Disposal of surplus lands for use as affordable
  273  housing.—
  274         (1)It is intent of the Legislature to make all suitable
  275  surplus lands designated as nonconservation available for
  276  affordable housing before making the parcels available for
  277  purchase by 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 issue an advisory
  292  opinion as to whether these surplus lands may be suitable for
  293  affordable housing. The corporation shall first determine
  294  whether the parcel is within a special district set up to
  295  revitalize a community. Only parcels determined to be outside
  296  these areas will be further evaluated for suitability. The
  297  corporation’s evaluation shall consider at least the following
  298  criteria: the property’s environmental suitability for
  299  construction; current and anticipated land use and zoning;
  300  existing and anticipated infrastructure on the land, such as
  301  roads, water, sewer, and electricity; access to grocery stores;
  302  access to employment opportunities; access to public
  303  transportation; and access to community services, such as public
  304  libraries, health care, and employment centers. As long as a
  305  parcel is in an area suitable for residential development, it
  306  may be found by the corporation to be suitable for use as
  307  affordable housing, even if the parcel does not meet one or more
  308  of these or other criteria.
  309         (4)If the corporation issues an advisory opinion finding
  310  that the nonconservation surplus land may be suitable for
  311  affordable housing, the entity seeking to dispose of the parcel
  312  must first offer the land to the county and municipality where
  313  the land is located, to be used for affordable housing, before
  314  the entity offers the land to other governmental entities or the
  315  public. If the county and municipality where the parcel is
  316  located do not wish to use the parcel for affordable housing,
  317  the entity may dispose of the parcel as otherwise provided by
  318  law or herein.
  319         (5)The Board of Trustees of the Internal Improvement Trust
  320  Fund, the Department of Transportation, and the water management
  321  districts may sell the parcels identified by the corporation for
  322  affordable housing for less than the appraised value to any
  323  party so long as the agency places an encumbrance on the parcels
  324  to ensure the purchaser uses the land for affordable housing for
  325  a period of not less than 99 years.
  326         (6)(a)The Board of Trustees of the Internal Improvement
  327  Trust Fund, the Department of Transportation, and the water
  328  management districts are exempt from the disposal procedures of
  329  ss. 253.0341(8) and (9), 337.25(4) and (7), 373.089(1), (2),
  330  (3), and (8) when disposing of nonconservation surplus lands
  331  under this section.
  332         (b)The sale price of land parcels disposed of pursuant to
  333  this section shall be determined by the entity disposing of the
  334  parcels. The Department of Transportation, the Board of Trustees
  335  of the Internal Improvement Trust Fund, and the water management
  336  districts must consider at least one appraisal of the property
  337  or, if the estimated value of the land is $500,000 or less, a
  338  comparable sales analysis or a broker’s opinion of value;
  339  however, if a property owned by the Department of Transportation
  340  was acquired with federal participation and the estimated value
  341  of the property is more than $25,000, an appraisal of the
  342  property must be considered.
  343  
  344  ================= T I T L E  A M E N D M E N T ================
  345  And the title is amended as follows:
  346         Delete lines 6 - 18
  347  and insert:
  348         of lands; providing that, as long as a parcel is in an
  349         area suitable for residential development, it may be
  350         found to be suitable for use as affordable housing,
  351         even if the parcel does not meet certain other
  352         criteria; amending s. 163.31801, F.S.; requiring that
  353         additional information be submitted by specified
  354         entities when submitting their annual financial
  355         reports; amending ss. 253.0341, 337.25, and 373.089,
  356         F.S.; revising the procedures under which the Board of
  357         Trustees of the Internal Improvement Trust Fund, the
  358         Department of Transportation, and the water management
  359         districts must dispose of nonconservation surplus
  360         lands; amending s. 420.507, F.S.; authorizing the
  361         Florida Housing Finance Corporation to take one or
  362         more specified actions against any applicant or
  363         affiliate of an applicant upon a determination of good
  364         cause and after service of an administrative complaint
  365         and adequate notice; defining the term “good cause”;
  366         authorizing the corporation to require, as a condition
  367         of financing a multifamily rental project, which may
  368         include