Florida Senate - 2018                             CS for SB 1328
       
       
        
       By the Committee on Appropriations; and Senator Perry
       
       
       
       
       
       576-03797-18                                          20181328c1
    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; providing that, as long as a parcel is in an
    7         area suitable for residential development, it may be
    8         found to be suitable for use as affordable housing,
    9         even if the parcel does not meet certain other
   10         criteria; amending s. 163.31801, F.S.; requiring that
   11         additional information be submitted by specified
   12         entities when submitting their annual financial
   13         reports; amending ss. 253.0341, 337.25, and 373.089,
   14         F.S.; revising the procedures under which the Board of
   15         Trustees of the Internal Improvement Trust Fund, the
   16         Department of Transportation, and the water management
   17         districts must dispose of nonconservation surplus
   18         lands; amending s. 420.507, F.S.; authorizing the
   19         Florida Housing Finance Corporation to take one or
   20         more specified actions against any applicant or
   21         affiliate of an applicant upon a determination of good
   22         cause and after service of an administrative complaint
   23         and adequate notice; defining the term “good cause”;
   24         authorizing the corporation to require, as a condition
   25         of financing a multifamily rental project, which may
   26         include allocating competitive low-income housing tax
   27         credits, that a certain agreement be recorded in the
   28         official records of the county where the real property
   29         is located; providing requirements for the term of
   30         such agreement; amending s. 420.5087, F.S.; revising
   31         the criteria used by a review committee when
   32         evaluating and selecting specified applications for
   33         state apartment incentive loans; creating s. 420.56,
   34         F.S.; providing legislative intent; providing a
   35         process for certain entities to dispose of surplus
   36         lands for use as affordable housing; creating s.
   37         420.57, F.S.; creating the Hurricane Housing Recovery
   38         Program to provide funds for certain affordable
   39         housing recovery efforts; requiring the corporation to
   40         administer the program and allocate resources to local
   41         governments that meet certain criteria; specifying
   42         requirements for receiving and using funds; requiring
   43         participating local governments to submit a report;
   44         requiring the corporation to compile the reports and
   45         submit them to the Legislature; creating the Rental
   46         Recovery Loan Program to provide funds for additional
   47         rental housing due to specified impacts; providing a
   48         rationale for the program; authorizing the corporation
   49         to adopt rules to administer specified provisions;
   50         authorizing the corporation to adopt emergency rules;
   51         providing legislative findings; providing that the
   52         corporation is not required to make specified
   53         findings; exempting the emergency rules from a
   54         specified provision; requiring the emergency rules to
   55         remain in effect for a specified period after
   56         adoption; authorizing the emergency rules to be
   57         renewed during the pendency of procedures to adopt
   58         rules addressing the subject of the emergency rules;
   59         amending s. 420.9071, F.S.; revising the definition of
   60         the term “local housing incentive strategies”;
   61         amending s. 423.02, F.S.; exempting housing projects,
   62         including certain property, of housing authorities or
   63         their nonprofit instrumentalities from all taxes, user
   64         fees, and special assessments of the state or any
   65         city, town, county, or political subdivision of the
   66         state; providing that, in lieu of such taxes, user
   67         fees, or special assessments, a housing authority or
   68         its nonprofit instrumentality may agree to make
   69         payments to any city, town, county, or political
   70         subdivision of the state for services, improvements,
   71         or facilities furnished by such city, town, county, or
   72         political subdivision for the benefit of a housing
   73         project owned by the housing authority or its
   74         nonprofit instrumentality; creating s. 553.7923, F.S.;
   75         providing a local permit approval process for
   76         affordable housing; providing an effective date.
   77          
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Subsection (1) of section 125.379, Florida
   81  Statutes, is amended to read:
   82         125.379 Disposition of county property for affordable
   83  housing.—
   84         (1) Beginning July 1, 2018 By July 1, 2007, and every 3
   85  years thereafter, each county shall prepare an inventory list of
   86  all real property within its jurisdiction to which the county
   87  holds fee simple title that is appropriate for use as affordable
   88  housing. The real property must be evaluated on criteria that
   89  include environmental suitability for construction, site
   90  characteristics, current land use designation, current or
   91  anticipated zoning, inclusion in at least one special district,
   92  existing infrastructure, proximity to employment opportunities,
   93  proximity to public transportation, and proximity to existing
   94  services. As long as a parcel is in an area suitable for
   95  residential development, it may be found to be suitable for use
   96  as affordable housing, even if the parcel does not meet one or
   97  more of these other criteria. The inventory list must include
   98  the address and legal description of each such real property and
   99  specify whether the property is vacant or improved. The
  100  governing body of the county must review the inventory list at a
  101  public hearing and may revise it at the conclusion of the public
  102  hearing. The governing body of the county shall adopt a
  103  resolution that includes an inventory list of such property
  104  following the public hearing.
  105         Section 2. Subsection (6) is added to section 163.31801,
  106  Florida Statutes, to read:
  107         163.31801 Impact fees; short title; intent; definitions;
  108  ordinances levying impact fees.—
  109         (6) In addition to the items that must be reported in the
  110  annual financial reports under s. 218.32, counties,
  111  municipalities, and special districts must report the following
  112  data on all impact fees charged:
  113         (a) The specific purpose of the impact fee, including the
  114  specific infrastructure need to be met, such as transportation,
  115  parks, water, sewer, and schools.
  116         (b) The impact fee schedule policy, describing the method
  117  of calculating impact fees, such as flat fee, tiered scale based
  118  on number of bedrooms, and tiered scale based on square footage.
  119         (c) The amount assessed for each purpose and type of
  120  dwelling.
  121         (d) The total amount of impact fees charged by type of
  122  dwelling.
  123         (e) Each exception and waiver provided for affordable
  124  housing developments.
  125         Section 3. Subsection (1) of section 166.0451, Florida
  126  Statutes, is amended to read:
  127         166.0451 Disposition of municipal property for affordable
  128  housing.—
  129         (1) Beginning July 1, 2018 By July 1, 2007, and every 3
  130  years thereafter, each municipality shall prepare an inventory
  131  list of all real property within its jurisdiction to which the
  132  municipality holds fee simple title that is appropriate for use
  133  as affordable housing. Such real property shall be evaluated on
  134  criteria that include the environmental suitability for
  135  construction, site characteristics, currently designated land
  136  use, current or anticipated zoning, inclusion in one or more
  137  special districts, existing infrastructure, proximity to
  138  employment opportunities, proximity to public transportation,
  139  and proximity to existing services. As long as a parcel is in an
  140  area suitable for residential development, it may be found to be
  141  suitable for use as affordable housing, even if the parcel does
  142  not meet one or more of these other criteria. The inventory list
  143  must include the address and legal description of each such
  144  property and specify whether the property is vacant or improved.
  145  The governing body of the municipality must review the inventory
  146  list at a public hearing and may revise it at the conclusion of
  147  the public hearing. Following the public hearing, the governing
  148  body of the municipality shall adopt a resolution that includes
  149  an inventory list of such property.
  150         Section 4. Subsection (7) of section 253.0341, Florida
  151  Statutes, is amended to read:
  152         253.0341 Surplus of state-owned lands.—
  153         (7)(a)The board of trustees must first offer
  154  nonconservation surplus lands to the county and municipality
  155  where the land is located for use as affordable housing as
  156  identified by the Florida Housing Finance Corporation pursuant
  157  to s. 420.56. All surplus buildings or land not needed for
  158  affordable housing Before a building or parcel of land is
  159  offered for lease or sale to a local or federal unit of
  160  government or a private party, it shall first be offered for
  161  lease to state agencies, state universities, and Florida College
  162  System institutions, with priority consideration given to state
  163  universities and Florida College System institutions. If a
  164  surplus building or land is not used for affordable housing or
  165  leased by a state agency, state university, or Florida College
  166  System institution, the board of trustees shall offer the
  167  building or land for lease or sale to a local or federal unit of
  168  government or a private party.
  169         (b) Within 60 days after the offer for lease of a surplus
  170  building or parcel, a state university or Florida College System
  171  institution that requests the lease must submit a plan for
  172  review and approval by the Board of Trustees of the Internal
  173  Improvement Trust Fund regarding the intended use, including
  174  future use, of the building or parcel of land before approval of
  175  a lease. Within 60 days after the offer for lease of a surplus
  176  building or parcel, a state agency that requests the lease of
  177  such facility or parcel must submit a plan for review and
  178  approval by the board of trustees regarding the intended use.
  179  The state agency plan must, at a minimum, include the proposed
  180  use of the facility or parcel, the estimated cost of renovation,
  181  a capital improvement plan for the building, evidence that the
  182  building or parcel meets an existing need that cannot otherwise
  183  be met, and other criteria developed by rule by the board of
  184  trustees. The board or its designee shall compare the estimated
  185  value of the building or parcel to any submitted business plan
  186  to determine if the lease or sale is in the best interest of the
  187  state. The board of trustees shall adopt rules pursuant to
  188  chapter 120 for the implementation of this section.
  189         Section 5. Subsection (3) is amended, and subsection (12)
  190  is added to section 337.25, Florida Statutes, to read:
  191         337.25 Acquisition, lease, and disposal of real and
  192  personal property.—
  193         (3) Beginning July 1, 2018, the department shall evaluate
  194  all of its land not within a transportation corridor or within
  195  the right-of-way of a transportation facility at least every 10
  196  years, on a rotating basis, to determine whether the property
  197  should be retained. The inventory of real property that was
  198  acquired by the state after December 31, 1988, that has been
  199  owned by the state for 10 or more years, and that is not within
  200  a transportation corridor or within the right-of-way of a
  201  transportation facility shall be evaluated to determine the
  202  necessity for retaining the property. If the property is not
  203  needed for the construction, operation, and maintenance of a
  204  transportation facility or is not located within a
  205  transportation corridor, the department may dispose of the
  206  property pursuant to subsection (4).
  207         (12)Except in a conveyance transacted under paragraphs
  208  (4)(a), (c), and (e), the department must first offer parcels of
  209  nonconservation surplus land to the county and municipality
  210  where the land is located for use as affordable housing as
  211  identified by the Florida Housing Finance Corporation pursuant
  212  to s. 420.56.
  213         Section 6. Subsection (1) is amended, and subsection (9) is
  214  added to section 373.089, Florida Statutes, to read:
  215         373.089 Sale or exchange of lands, or interests or rights
  216  in lands.—The governing board of the district may sell lands, or
  217  interests or rights in lands, to which the district has acquired
  218  title or to which it may hereafter acquire title in the
  219  following manner:
  220         (1) Beginning on July 1, 2018, the district shall review
  221  all lands and interests or rights in lands every 10 years, on a
  222  rotating basis, to determine whether the lands are still needed
  223  for the purpose for which they were acquired. Any lands, or
  224  interests or rights in lands, determined by the governing board
  225  to be surplus may be sold by the district, at any time, for the
  226  highest price obtainable; however, in no case shall the selling
  227  price be less than the appraised value of the lands, or
  228  interests or rights in lands, as determined by a certified
  229  appraisal obtained within 360 days before the effective date of
  230  a contract for sale.
  231         (9)The governing board must first offer nonconservation
  232  surplus lands to the county and municipality where the land is
  233  located for use as affordable housing as identified by the
  234  Florida Housing Finance Corporation pursuant to s. 420.56.
  235  Districts must only offer nonconservation surplus lands
  236  originally acquired using state funds.
  237  
  238  If the Board of Trustees of the Internal Improvement Trust Fund
  239  declines to accept title to the lands offered under this
  240  section, the land may be disposed of by the district under the
  241  provisions of this section.
  242         Section 7. Subsections (35) and (46) of section 420.507,
  243  Florida Statutes, are amended to read:
  244         420.507 Powers of the corporation.—The corporation shall
  245  have all the powers necessary or convenient to carry out and
  246  effectuate the purposes and provisions of this part, including
  247  the following powers which are in addition to all other powers
  248  granted by other provisions of this part:
  249         (35) Upon a determination of good cause and after service
  250  of an administrative complaint and adequate notice, to take one
  251  or more of the following actions against any applicant or
  252  affiliate of an applicant:
  253         (a)Preclude such applicant or affiliate from applying for
  254  funding from any corporation program for a specified period;
  255         (b)Revoke any funding previously awarded by the
  256  corporation for any development for which construction or
  257  rehabilitation has not commenced; and
  258         (c)Suspend any funding, credit underwriting procedures, or
  259  application review for any development for which construction or
  260  rehabilitation has not commenced, from the time an
  261  administrative complaint is filed until a final order is issued
  262  in regard to that complaint. For purposes of this subsection,
  263  the term “good cause means that the applicant or affiliate of
  264  an applicant:
  265         1. Has made a material misrepresentation or engaged in
  266  fraudulent actions in connection with any application for a
  267  corporation program;
  268         2. Has been convicted or found guilty of, or entered a plea
  269  of guilty or nolo contendere to, regardless of adjudication, a
  270  crime in any jurisdiction which directly relates to the
  271  financing, construction, or management of affordable housing or
  272  the fraudulent procurement of state or federal funds. The record
  273  of a conviction certified or authenticated in such form as to be
  274  admissible in evidence under the laws of this state shall be
  275  admissible as prima facie evidence of such guilt;
  276         3. Has been excluded from federal or state procurement
  277  programs for any reason; or
  278         4. Has offered or given consideration with respect to a
  279  local contribution in violation of corporation rules To preclude
  280  from further participation in any of the corporation’s programs,
  281  any applicant or affiliate of an applicant which has made a
  282  material misrepresentation or engaged in fraudulent actions in
  283  connection with any application for a corporation program.
  284         (46) To require, as a condition of financing a multifamily
  285  rental project, which may include allocating competitive low
  286  income housing tax credits, that an agreement be recorded in the
  287  official records of the county where the real property is
  288  located, which requires that the project be used for housing
  289  defined as affordable in s. 420.0004(3) by persons defined in s.
  290  420.0004(9), (11), (12), and (17). The term of such agreement
  291  may not extend beyond the period of time required by 26 U.S.C.
  292  42(h)(6)(D)(ii)(II), unless the corporation affirms at the time
  293  of the initial credit underwriting that the project will remain
  294  economically feasible beyond such period. Such an agreement is a
  295  state land use regulation that limits the highest and best use
  296  of the property within the meaning of s. 193.011(2).
  297         Section 8. Paragraph (c) of subsection (6) of section
  298  420.5087, Florida Statutes, is amended to read:
  299         420.5087 State Apartment Incentive Loan Program.—There is
  300  hereby created the State Apartment Incentive Loan Program for
  301  the purpose of providing first, second, or other subordinated
  302  mortgage loans or loan guarantees to sponsors, including for
  303  profit, nonprofit, and public entities, to provide housing
  304  affordable to very-low-income persons.
  305         (6) On all state apartment incentive loans, except loans
  306  made to housing communities for the elderly to provide for
  307  lifesafety, building preservation, health, sanitation, or
  308  security-related repairs or improvements, the following
  309  provisions shall apply:
  310         (c) The corporation shall provide by rule for the
  311  establishment of a review committee for the competitive
  312  evaluation and selection of applications submitted in this
  313  program, including, but not limited to, the following criteria:
  314         1. Tenant income and demographic targeting objectives of
  315  the corporation.
  316         2. Targeting objectives of the corporation which will
  317  ensure an equitable distribution of loans between rural and
  318  urban areas.
  319         3. Sponsor’s agreement to reserve the units for persons or
  320  families who have incomes below 50 percent of the state or local
  321  median income, whichever is higher, for a time period that
  322  exceeds the minimum required by federal law or this part.
  323         4. Sponsor’s agreement to reserve more than:
  324         a. Twenty percent of the units in the project for persons
  325  or families who have incomes that do not exceed 50 percent of
  326  the state or local median income, whichever is higher; or
  327         b. Forty percent of the units in the project for persons or
  328  families who have incomes that do not exceed 60 percent of the
  329  state or local median income, whichever is higher, without
  330  requiring a greater amount of the loans as provided in this
  331  section.
  332         5. Provision for tenant counseling.
  333         6. Sponsor’s agreement to accept rental assistance
  334  certificates or vouchers as payment for rent.
  335         7. Projects requiring the least amount of a state apartment
  336  incentive loan compared to overall project cost, except that the
  337  share of the loan attributable to units serving extremely-low
  338  income persons must be excluded from this requirement.
  339         8. Local government contributions and local government
  340  comprehensive planning and activities that promote affordable
  341  housing and policies that promote access to public
  342  transportation, reduce the need for onsite parking where
  343  appropriate, and expedite permits for affordable housing
  344  projects as provided in s. 553.7923.
  345         9. Project feasibility.
  346         10. Economic viability of the project.
  347         11. Commitment of first mortgage financing.
  348         12. Sponsor’s prior experience.
  349         13. Sponsor’s ability to proceed with construction.
  350         14. Projects that directly implement or assist welfare-to
  351  work transitioning.
  352         15. Projects that reserve units for extremely-low-income
  353  persons.
  354         16. Projects that include green building principles, storm
  355  resistant construction, or other elements that reduce long-term
  356  costs relating to maintenance, utilities, or insurance.
  357         17. Job-creation rate of the developer and general
  358  contractor, as provided in s. 420.507(47).
  359         Section 9. Section 420.56, Florida Statutes, is created to
  360  read:
  361         420.56Disposal of surplus lands for use as affordable
  362  housing.—
  363         (1)It is intent of the Legislature to make all suitable
  364  surplus lands designated as nonconservation available for
  365  affordable housing before making the parcels available for
  366  purchase by other governmental entities or the public.
  367         (2)The Department of Environmental Protection acting on
  368  the behalf of the Board of Trustees of the Internal Improvement
  369  Trust Fund, the Department of Transportation, and each water
  370  management district shall notify the corporation when
  371  nonconservation land becomes available for surplus as part of
  372  the entity’s regular review of lands under the provisions of s.
  373  253.0341, s. 337.25, or s. 373.089 before making the parcel
  374  available for any other use, including for purchase by other
  375  governmental entities or the public. Water management districts
  376  must only identify nonconservation surplus lands originally
  377  acquired using state funds.
  378         (3)In consultation with the Department of Environmental
  379  Protection, the Department of Transportation, and the water
  380  management districts, the corporation must issue an advisory
  381  opinion as to whether these surplus lands may be suitable for
  382  affordable housing. The corporation shall first determine
  383  whether the parcel is within a special district set up to
  384  revitalize a community. Only parcels determined to be outside
  385  these areas will be further evaluated for suitability. The
  386  corporation’s evaluation shall consider at least the following
  387  criteria: the property’s environmental suitability for
  388  construction; current and anticipated land use and zoning;
  389  existing and anticipated infrastructure on the land, such as
  390  roads, water, sewer, and electricity; access to grocery stores;
  391  access to employment opportunities; access to public
  392  transportation; and access to community services, such as public
  393  libraries, health care, and employment centers. As long as a
  394  parcel is in an area suitable for residential development, it
  395  may be found by the corporation to be suitable for use as
  396  affordable housing, even if the parcel does not meet one or more
  397  of these or other criteria.
  398         (4)If the corporation issues an advisory opinion finding
  399  that the nonconservation surplus land may be suitable for
  400  affordable housing, the entity seeking to dispose of the parcel
  401  must first offer the land to the county and municipality where
  402  the land is located, to be used for affordable housing, before
  403  the entity offers the land to other governmental entities or the
  404  public. If the county and municipality where the parcel is
  405  located do not wish to use the parcel for affordable housing,
  406  the entity may dispose of the parcel as otherwise provided by
  407  law or herein.
  408         (5)The Board of Trustees of the Internal Improvement Trust
  409  Fund, the Department of Transportation, and the water management
  410  districts may sell the parcels identified by the corporation for
  411  affordable housing for less than the appraised value to any
  412  party so long as the agency places an encumbrance on the parcels
  413  to ensure the purchaser uses the land for affordable housing for
  414  a period of not less than 99 years.
  415         (6)(a)The Board of Trustees of the Internal Improvement
  416  Trust Fund, the Department of Transportation, and the water
  417  management districts are exempt from the disposal procedures of
  418  ss. 253.0341(8) and (9), 337.25(4) and (7), 373.089(1), (2),
  419  (3), and (8) when disposing of nonconservation surplus lands
  420  under this section.
  421         (b)The sale price of land parcels disposed of pursuant to
  422  this section shall be determined by the entity disposing of the
  423  parcels. The Department of Transportation, the Board of Trustees
  424  of the Internal Improvement Trust Fund, and the water management
  425  districts must consider at least one appraisal of the property
  426  or, if the estimated value of the land is $500,000 or less, a
  427  comparable sales analysis or a broker’s opinion of value;
  428  however, if a property owned by the Department of Transportation
  429  was acquired with federal participation and the estimated value
  430  of the property is more than $25,000, an appraisal of the
  431  property must be considered.
  432         Section 10. Section 420.57, Florida Statutes, is created to
  433  read:
  434         420.57Hurricane recovery programs.—
  435         (1)The Hurricane Housing Recovery Program is created to
  436  provide funds to local governments for affordable housing
  437  recovery efforts, similar to the State Housing Initiatives
  438  Partnership Program as set forth in ss. 420.907-420.9079.
  439  Subject to a specific appropriation as authorized by the General
  440  Appropriations Act, the Florida Housing Finance Corporation
  441  shall administer the program. Notwithstanding ss. 420.9072 and
  442  420.9073, the Florida Housing Finance Corporation shall allocate
  443  resources to local governments according to a need-based formula
  444  that reflects housing damage estimates and population impacts
  445  resulting from hurricanes. Eligible local governments must
  446  submit a strategy outlining proposed recovery actions, household
  447  income levels and number of residential units to be served, and
  448  funding requests. Program funds shall be used to serve
  449  households with incomes up to 120 percent of area median income,
  450  except that at least 30 percent of program funds should be
  451  reserved for households with incomes up to 50 percent of area
  452  median income and an additional 30 percent of program funds
  453  should be reserved for households with incomes up to 80 percent
  454  of area median income. Program funds shall be used as follows:
  455         (a)At least 65 percent of funds shall be used for
  456  homeownership.
  457         (b)Up to 15 percent of the funds may be used for
  458  administrative expenses to ensure expeditious use of funds.
  459         (c)Up to one-quarter of 1 percent may be used by the
  460  Florida Housing Finance Corporation for compliance monitoring.
  461         (2)Each participating local government shall submit to the
  462  Florida Housing Finance Corporation an annual report of its use
  463  of funds from the Hurricane Housing Recovery Program. The
  464  corporation shall compile the reports and submit them to the
  465  President of the Senate and the Speaker of the House of
  466  Representatives.
  467         (3)The Rental Recovery Loan Program is created to provide
  468  funds to build additional rental housing due to impacts to the
  469  affordable housing stock and changes to the population resulting
  470  from hurricanes. The program is intended to allow the state to
  471  leverage additional federal rental financing similar to the
  472  State Apartment Incentive Loan Program as described in s.
  473  420.5087 and is subject to a specific appropriation in the
  474  General Appropriations Act.
  475         (4)The Florida Housing Finance Corporation may adopt rules
  476  to administer this section.
  477         Section 11. The Florida Housing Finance Corporation may
  478  adopt emergency rules pursuant to s. 120.54, Florida Statutes,
  479  to implement s. 420.57, Florida Statutes. The Legislature finds
  480  that emergency rules adopted to implement this section meet the
  481  health, safety, and welfare requirements of s. 120.54(4),
  482  Florida Statutes. The Legislature also finds that such emergency
  483  rulemaking is necessary to preserve the rights and welfare of
  484  the people and to provide additional funds to assist those areas
  485  of the state that sustained impacts to available affordable
  486  housing stock due to recent hurricanes. Therefore, in adopting
  487  such emergency rules, the corporation is not required to make
  488  the findings required by s. 120.54(4)(a), Florida Statutes.
  489  Emergency rules adopted under this section are exempt from s.
  490  120.54(4)(c), Florida Statutes. The emergency rules shall remain
  491  in effect for 6 months after adoption and may be renewed during
  492  the pendency of procedures to adopt rules addressing the subject
  493  of the emergency rules.
  494         Section 12. Subsection (16) of section 420.9071, Florida
  495  Statutes, is amended to read:
  496         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
  497  term:
  498         (16) “Local housing incentive strategies” means local
  499  regulatory reform or incentive programs to encourage or
  500  facilitate affordable housing production, which include, at a
  501  minimum, expediting development permits as defined in s.
  502  163.3164(16), construction permits, and certificates of
  503  occupancy for affordable housing projects as provided in s.
  504  553.7923 assurance that permits for affordable housing projects
  505  are expedited to a greater degree than other projects, as
  506  provided in s. 163.3177(6)(f)3.; an ongoing process for review
  507  of local policies, ordinances, regulations, and plan provisions
  508  that increase the cost of housing prior to their adoption; and a
  509  schedule for implementing the incentive strategies. Local
  510  housing incentive strategies may also include other regulatory
  511  reforms, such as those enumerated in s. 420.9076 or those
  512  recommended by the affordable housing advisory committee in its
  513  triennial evaluation of the implementation of affordable housing
  514  incentives, and adopted by the local governing body.
  515         Section 13. Section 423.02, Florida Statutes, is amended to
  516  read:
  517         423.02 Housing projects exempted from taxes, user fees, and
  518  assessments; payments in lieu thereof.—The housing projects,
  519  including all property of housing authorities used for or in
  520  connection therewith or appurtenant thereto, of housing
  521  authorities, or their nonprofit instrumentalities as authorized
  522  by s. 421.08(8), shall be exempt from all taxes, user fees, and
  523  special assessments of the state or any city, town, county, or
  524  political subdivision of the state, provided, however, that in
  525  lieu of such taxes, user fees, or special assessments, a housing
  526  authority or its nonprofit instrumentality may agree to make
  527  payments to any city, town, county, or political subdivision of
  528  the state for services, improvements, or facilities furnished by
  529  such city, town, county, or political subdivision for the
  530  benefit of a housing project owned by the housing authority or
  531  its nonprofit instrumentality, but in no event shall such
  532  payments exceed the estimated cost to such city, town, county,
  533  or political subdivision of the services, improvements, or
  534  facilities to be so furnished.
  535         Section 14. Section 553.7923, Florida Statutes, is created
  536  to read:
  537         553.7923Local permit approval process for affordable
  538  housing.—
  539         (1)A local government has 15 days after the date it
  540  receives an application for a development permit, construction
  541  permit, or certificate of occupancy for affordable housing to
  542  examine the application and notify the applicant of any apparent
  543  errors or omissions and request any additional information the
  544  local government is permitted by law to require.
  545         (2)If a local government does not request additional
  546  information within the required time, the local government may
  547  not deny a development permit, construction permit, or
  548  certificate of occupancy for affordable housing if the applicant
  549  has failed to correct an error or omission or to supply
  550  additional information.
  551         (3)The local government may require any additional
  552  requested information to be submitted no later than 10 days
  553  after the date of the notice specified in subsection (1).
  554         (4)For good cause shown, the local government shall grant
  555  a request for an extension of time for submitting the additional
  556  information.
  557         (5)An application is complete upon receipt of all
  558  requested information and the correction of any error or
  559  omission for which the applicant was timely notified or when the
  560  time for notification has expired.
  561         (6)The local government must approve or deny an
  562  application for a development permit, construction permit, or
  563  certificate of occupancy for affordable housing within 60 days
  564  after receipt of a completed application unless a shorter period
  565  of time for local government action is provided by law.
  566         (7)If the local government does not approve or deny an
  567  application for a development permit, construction permit, or
  568  certificate of occupancy for affordable housing within the 60
  569  day or shorter period, the permit is considered approved and the
  570  local government must issue the development permit, construction
  571  permit, or certificate of occupancy and may include such
  572  reasonable conditions as authorized by law.
  573         (8)An applicant for a development permit, construction
  574  permit, or certificate of occupancy seeking to receive a permit
  575  by default under this section must notify the local government
  576  in writing of the intent to rely upon the default approval
  577  provision of this section but may not take any action based upon
  578  the default development permit, construction permit, or
  579  certificate of occupancy until the applicant receives
  580  notification or a receipt that the local government received the
  581  notice. The applicant must retain the notification or receipt.
  582         Section 15. This act shall take effect July 1, 2018.