Florida Senate - 2020                       CS for CS for SB 998
       
       
        
       By the Committees on Infrastructure and Security; and Community
       Affairs; and Senator Hutson
       
       
       
       
       596-03780-20                                           2020998c2
    1                        A bill to be entitled                      
    2         An act relating to housing; amending s. 125.01055,
    3         F.S.; authorizing a board of county commissioners to
    4         approve development of affordable housing on any
    5         parcel zoned for residential, commercial, or
    6         industrial use; amending s. 163.31771, F.S.; revising
    7         conditions under which local governments are
    8         authorized to adopt ordinances that allow accessory
    9         dwelling units in any area zoned for single-family
   10         residential use; amending s. 163.31801, F.S.;
   11         requiring counties, municipalities, and special
   12         districts to include certain data relating to impact
   13         fees in their annual financial reports; amending s.
   14         166.04151, F.S.; authorizing governing bodies of
   15         municipalities to approve the development of
   16         affordable housing on any parcel zoned for
   17         residential, commercial, or industrial use; amending
   18         s. 196.196, F.S.; providing that property owned by a
   19         person granted a specified exemption is used for a
   20         charitable purpose under certain circumstances;
   21         authorizing the board of county commissioners of a
   22         county or the governing authority of a municipality to
   23         adopt certain ordinances related to ad valorem tax
   24         exemptions; amending s. 196.1978, F.S.; requiring
   25         certain units to be treated as portions of property
   26         exempt from ad valorem taxation under certain
   27         circumstances; amending s. 320.77, F.S.; revising a
   28         certification requirement for mobile home dealer
   29         applicants relating to the applicant’s business
   30         location; amending s. 320.771, F.S.; exempting certain
   31         recreational vehicle dealer applicants from a garage
   32         liability insurance requirement; amending s. 320.822,
   33         F.S.; revising the definition of the term “code”;
   34         amending s. 320.8232, F.S.; revising applicable
   35         standards for the repair and remodeling of mobile and
   36         manufactured homes; amending s. 367.022, F.S.;
   37         revising an exemption from regulation for certain
   38         water service resellers; exempting certain mobile home
   39         park and mobile home subdivision owners from
   40         regulation by the Florida Public Service Commission
   41         relating to water and wastewater systems; amending s.
   42         420.5087, F.S.; revising the criteria used by a review
   43         committee when evaluating and selecting specified
   44         applications for state apartment incentive loans;
   45         amending s. 420.5095, F.S.; renaming the Community
   46         Workforce Housing Innovation Pilot Program as the
   47         Community Workforce Housing Loan Program to provide
   48         workforce housing for persons affected by the high
   49         cost of housing; revising the definition of the term
   50         “workforce housing”; deleting the definition of the
   51         term “public-private partnership”; authorizing the
   52         corporation to provide loans under the program to
   53         applicants for construction of workforce housing;
   54         requiring the corporation to establish a certain loan
   55         application process; deleting provisions requiring the
   56         corporation to provide incentives for local
   57         governments to use certain funds; requiring projects
   58         to receive priority consideration for funding under
   59         certain circumstances; deleting a provision providing
   60         for the expedition of local government comprehensive
   61         plan amendments to implement a program project;
   62         requiring that the corporation award loans at a
   63         specified interest rate and for a limited term;
   64         conforming provisions to changes made by the act;
   65         deleting a provision authorizing the corporation to
   66         use a maximum percentage of a specified appropriation
   67         for administration and compliance; amending s.
   68         420.531, F.S.; specifying that technical support
   69         provided to local governments and community-based
   70         organizations includes implementation of the State
   71         Apartment Incentive Loan Program; requiring the entity
   72         providing training and technical assistance to convene
   73         and administer biannual workshops; providing
   74         requirements for such workshops; requiring such entity
   75         to annually compile and submit certain information to
   76         the Legislature and the corporation by a specified
   77         date; amending s. 420.9073, F.S.; authorizing the
   78         corporation to prioritize a portion of the State
   79         Apartment Incentive Loan funding set aside for certain
   80         purposes; requiring that such funding be used for
   81         housing for certain persons in foster care or persons
   82         aging out of foster care; providing requirements for
   83         such housing; requiring the corporation to consult
   84         with the Department of Children and Families to create
   85         minimum criteria for such housing; amending s.
   86         420.9075, F.S.; revising requirements for reports
   87         submitted to the corporation by counties and certain
   88         municipalities; amending s. 420.9076, F.S.; beginning
   89         on a specified date, revising the membership of local
   90         affordable housing advisory committees; requiring the
   91         committees to perform specified duties annually
   92         instead of triennially; revising duties of the
   93         committees; requiring locally elected officials
   94         serving on advisory committees, or their designees, to
   95         attend biannual regional workshops; providing a
   96         penalty; amending s. 423.02, F.S.; exempting certain
   97         nonprofit instrumentalities from all taxes and special
   98         assessments of the state or any city, town, county, or
   99         political subdivision of the state under certain
  100         conditions; authorizing such nonprofit
  101         instrumentalities to agree to make payments to any
  102         city, town, county, or political subdivision of the
  103         state for services, improvements, or facilities
  104         furnished by such city, town, county, or political
  105         subdivision for the benefit of a certain housing
  106         project; prohibiting a city, town, county, or
  107         political subdivision of the state from renaming,
  108         modifying terminology, or otherwise changing a tax or
  109         assessment with a certain intent; amending s. 723.011,
  110         F.S.; providing that a mobile home owner may be
  111         required to install permanent improvements as
  112         disclosed in the mobile home park prospectus; amending
  113         s. 723.012, F.S.; requiring a mobile home park owner
  114         to amend its prospectus under certain circumstances;
  115         requiring a mobile home park owner to increase shared
  116         facilities under certain circumstances; providing a
  117         requirement for the prospectus amendment; prohibiting
  118         certain costs and expenses from being passed on or
  119         passed through to existing mobile home owners;
  120         amending s. 723.023, F.S.; revising general
  121         obligations for mobile home owners; amending s.
  122         723.031, F.S.; revising construction relating to a
  123         park owner’s disclosure of certain taxes and
  124         assessments; prohibiting a mobile home park owner from
  125         charging or collecting certain taxes or charges in
  126         excess of a certain amount; amending s. 723.037, F.S.;
  127         authorizing mobile home park owners to give notice of
  128         lot rental increases for multiple anniversary dates in
  129         one notice; providing construction; revising a
  130         requirement for a lot rental negotiation committee;
  131         amending s. 723.041, F.S.; providing that a mobile
  132         home park damaged or destroyed due to natural force
  133         may be rebuilt with the same density as previously
  134         approved, permitted, and built; providing
  135         construction; amending s. 723.042, F.S.; conforming a
  136         provision to changes made by the act; amending s.
  137         723.059, F.S.; authorizing certain mobile home
  138         purchasers to assume the seller’s prospectus;
  139         authorizing a mobile home park owner to offer a
  140         purchaser any approved prospectus; amending s.
  141         723.061, F.S.; revising requirements related to the
  142         provision of eviction notices by mobile home park
  143         owners to specified entities; specifying the waiver
  144         and nonwaiver of certain rights of mobile home park
  145         owners under certain circumstances; requiring the
  146         accounting at final hearing of rents received;
  147         amending s. 723.076, F.S.; providing a notice
  148         requirement for homeowners’ associations to park
  149         owners after the election or appointment of new
  150         officers or members; amending s. 723.078, F.S.;
  151         revising requirements for homeowners’ association
  152         board elections and ballots; requiring an impartial
  153         committee to be responsible for overseeing the
  154         election process and complying with ballot
  155         requirements; defining the term “impartial committee”;
  156         requiring that association bylaws provide a method for
  157         determining the winner of an election under certain
  158         circumstances; requiring the division to adopt
  159         procedural rules; revising the types of meetings that
  160         are not required to be open to members; providing an
  161         exception to a requirement for an officer of an
  162         association to provide an affidavit affirming certain
  163         information; authorizing meeting notices to be
  164         provided by electronic means; providing that the
  165         minutes of certain board and committee meetings are
  166         privileged and confidential; conforming provisions to
  167         changes made by the act; amending s. 723.079, F.S.;
  168         revising homeowners’ association recordkeeping
  169         requirements; revising the timeframes during which
  170         certain records are required to be retained and be
  171         made available for inspection or photocopying;
  172         limiting the amount of damages for which an
  173         association is liable when a member is denied access
  174         to official records; requiring that certain disputes
  175         be submitted to mandatory binding arbitration with the
  176         division; providing requirements for such arbitration;
  177         amending s. 723.1255, F.S.; requiring that certain
  178         disputes be submitted to mandatory binding arbitration
  179         with the division; providing requirements for such
  180         arbitration and responsibility for fees and costs;
  181         requiring the division to adopt procedural rules;
  182         reenacting s. 420.507(22)(i), F.S., relating to powers
  183         of the Florida Housing Finance Corporation, to
  184         incorporate the amendment made to s. 420.5087, F.S.,
  185         in a reference thereto; reenacting s. 193.018(2),
  186         F.S., relating to land owned by a community land trust
  187         used to provide affordable housing, to incorporate the
  188         amendment made to s. 420.5095, F.S., in a reference
  189         thereto; providing an effective date.
  190          
  191  Be It Enacted by the Legislature of the State of Florida:
  192  
  193         Section 1. Subsection (4) is added to section 125.01055,
  194  Florida Statutes, to read:
  195         125.01055 Affordable housing.—
  196         (4) Notwithstanding any other law or local ordinance or
  197  regulation to the contrary, the board of county commissioners
  198  may approve the development of housing that is affordable, as
  199  defined in s. 420.0004, on any parcel zoned for residential,
  200  commercial, or industrial use.
  201         Section 2. Subsections (3) and (4) of section 163.31771,
  202  Florida Statutes, are amended to read:
  203         163.31771 Accessory dwelling units.—
  204         (3) A Upon a finding by a local government that there is a
  205  shortage of affordable rentals within its jurisdiction, the
  206  local government may adopt an ordinance to allow accessory
  207  dwelling units in any area zoned for single-family residential
  208  use.
  209         (4) If the local government adopts an ordinance under this
  210  section, An application for a building permit to construct an
  211  accessory dwelling unit must include an affidavit from the
  212  applicant which attests that the unit will be rented at an
  213  affordable rate to an extremely-low-income, very-low-income,
  214  low-income, or moderate-income person or persons.
  215         Section 3. Subsection (10) is added to section 163.31801,
  216  Florida Statutes, to read:
  217         163.31801 Impact fees; short title; intent; minimum
  218  requirements; audits; challenges.—
  219         (10) In addition to the items that must be reported in the
  220  annual financial reports under s. 218.32, a county,
  221  municipality, or special district must report all of the
  222  following data on all impact fees charged:
  223         (a)The specific purpose of the impact fee, including the
  224  specific infrastructure needs to be met, including, but not
  225  limited to, transportation, parks, water, sewer, and schools.
  226         (b)The impact fee schedule policy describing the method of
  227  calculating impact fees, such as flat fees, tiered scales based
  228  on number of bedrooms, or tiered scales based on square footage.
  229         (c)The amount assessed for each purpose and for each type
  230  of dwelling.
  231         (d)The total amount of impact fees charged by type of
  232  dwelling.
  233         Section 4. Subsection (4) is added to section 166.04151,
  234  Florida Statutes, to read:
  235         166.04151 Affordable housing.—
  236         (4) Notwithstanding any other law or local ordinance or
  237  regulation to the contrary, the governing body of a municipality
  238  may approve the development of housing that is affordable, as
  239  defined in s. 420.0004, on any parcel zoned for residential,
  240  commercial, or industrial use.
  241         Section 5. Subsection (5) of section 196.196, Florida
  242  Statutes, is amended to read:
  243         196.196 Determining whether property is entitled to
  244  charitable, religious, scientific, or literary exemption.—
  245         (5)(a) Property owned by an exempt organization qualified
  246  as charitable under s. 501(c)(3) of the Internal Revenue Code,
  247  and property owned by a person granted an exemption under
  248  paragraph (b), is used for a charitable purpose if the
  249  organization or person has taken affirmative steps to prepare
  250  the property to provide affordable housing to persons or
  251  families that meet the extremely-low-income, very-low-income,
  252  low-income, or moderate-income limits, as specified in s.
  253  420.0004. The term “affirmative steps” means environmental or
  254  land use permitting activities, creation of architectural plans
  255  or schematic drawings, land clearing or site preparation,
  256  construction or renovation activities, or other similar
  257  activities that demonstrate a commitment of the property to
  258  providing affordable housing.
  259         (b)The board of county commissioners of any county, or the
  260  governing authority of any municipality, may adopt an ordinance
  261  to grant an ad valorem tax exemption under s. 3, Art. VII of the
  262  State Constitution, for property used for the charitable purpose
  263  of providing affordable housing, if the person owning such
  264  property has taken affirmative steps as defined in paragraph (a)
  265  to prepare the property to provide affordable housing to persons
  266  or families that meet the extremely-low-income, very-low-income,
  267  low-income, or moderate-income limits, as specified in s.
  268  420.0004.
  269         (c)(b)1. If property owned by an organization or person
  270  granted an exemption under this subsection is transferred for a
  271  purpose other than directly providing affordable homeownership
  272  or rental housing to persons or families who meet the extremely
  273  low-income, very-low-income, low-income, or moderate-income
  274  limits, as specified in s. 420.0004, or is not in actual use to
  275  provide such affordable housing within 5 years after the date
  276  the organization or person is granted the exemption, the
  277  property appraiser making such determination shall serve upon
  278  the organization or person that illegally or improperly received
  279  the exemption a notice of intent to record in the public records
  280  of the county a notice of tax lien against any property owned by
  281  that organization or person in the county, and such property
  282  must shall be identified in the notice of tax lien. The
  283  organization or person owning such property is subject to the
  284  taxes otherwise due and owing as a result of the failure to use
  285  the property to provide affordable housing plus 15 percent
  286  interest per annum and a penalty of 50 percent of the taxes
  287  owed.
  288         2. Such lien, when filed, attaches to any property
  289  identified in the notice of tax lien owned by the organization
  290  or person that illegally or improperly received the exemption.
  291  If such organization or person no longer owns property in the
  292  county but owns property in any other county in the state, the
  293  property appraiser shall record in each such other county a
  294  notice of tax lien identifying the property owned by such
  295  organization or person in such county which shall become a lien
  296  against the identified property. Before any such lien may be
  297  filed, the organization or person so notified must be given 30
  298  days to pay the taxes, penalties, and interest.
  299         3. If an exemption is improperly granted as a result of a
  300  clerical mistake or an omission by the property appraiser, the
  301  organization or person improperly receiving the exemption shall
  302  not be assessed a penalty or interest.
  303         4. The 5-year limitation specified in this subsection may
  304  be extended if the holder of the exemption continues to take
  305  affirmative steps to develop the property for the purposes
  306  specified in this subsection.
  307         Section 6. Subsection (1) of section 196.1978, Florida
  308  Statutes, is amended to read:
  309         196.1978 Affordable housing property exemption.—
  310         (1) Property used to provide affordable housing to eligible
  311  persons as defined by s. 159.603 and natural persons or families
  312  meeting the extremely-low-income, very-low-income, low-income,
  313  or moderate-income limits specified in s. 420.0004, which is
  314  owned entirely by a nonprofit entity that is a corporation not
  315  for profit, qualified as charitable under s. 501(c)(3) of the
  316  Internal Revenue Code and in compliance with Rev. Proc. 96-32,
  317  1996-1 C.B. 717, is considered property owned by an exempt
  318  entity and used for a charitable purpose, and those portions of
  319  the affordable housing property that provide housing to natural
  320  persons or families classified as extremely low income, very low
  321  income, low income, or moderate income under s. 420.0004 are
  322  exempt from ad valorem taxation to the extent authorized under
  323  s. 196.196. Units that are vacant or that are occupied by
  324  tenants who were natural persons or families meeting the
  325  extremely-low-income, very-low-income, low-income, or moderate
  326  income limits specified in s. 420.0004 at the time they
  327  initially became tenants, but who no longer meet those income
  328  limits, shall be treated as portions of the property exempt from
  329  ad valorem taxation under s. 196.196 provided that the property
  330  is subject to a recorded land use restriction agreement in favor
  331  of the Florida Housing Finance Agency or any other governmental
  332  or quasi-governmental jurisdiction. All property identified in
  333  this section must comply with the criteria provided under s.
  334  196.195 for determining exempt status and applied by property
  335  appraisers on an annual basis. The Legislature intends that any
  336  property owned by one or more limited liability companies or
  337  limited partnerships, each of which is a limited liability
  338  company which is disregarded as an entity for federal income tax
  339  purposes pursuant to Treasury Regulation 301.7701-3(b)(1)(ii)
  340  shall be treated as owned by the ultimate its sole member s.
  341  501(c)(3) nonprofit corporation.
  342         Section 7. Paragraph (h) of subsection (3) of section
  343  320.77, Florida Statutes, is amended to read:
  344         320.77 License required of mobile home dealers.—
  345         (3) APPLICATION.—The application for such license shall be
  346  in the form prescribed by the department and subject to such
  347  rules as may be prescribed by it. The application shall be
  348  verified by oath or affirmation and shall contain:
  349         (h) Certification by the applicant:
  350         1. That the location is a permanent one, not a tent or a
  351  temporary stand or other temporary quarters.; and,
  352         2. Except in the case of a mobile home broker, that the
  353  location affords sufficient unoccupied space to display store
  354  all mobile homes offered and displayed for sale. A space to
  355  display a manufactured home as a model home is sufficient to
  356  satisfy this requirement.; and that The location must be is a
  357  suitable place in which the applicant can in good faith carry on
  358  business and keep and maintain books, records, and files
  359  necessary to conduct such business, which must will be available
  360  at all reasonable hours to inspection by the department or any
  361  of its inspectors or other employees.
  362  
  363  This paragraph does subsection shall not preclude a licensed
  364  mobile home dealer from displaying and offering for sale mobile
  365  homes in a mobile home park.
  366  
  367  The department shall, if it deems necessary, cause an
  368  investigation to be made to ascertain if the facts set forth in
  369  the application are true and shall not issue a license to the
  370  applicant until it is satisfied that the facts set forth in the
  371  application are true.
  372         Section 8. Paragraph (j) of subsection (3) of section
  373  320.771, Florida Statutes, is amended to read:
  374         320.771 License required of recreational vehicle dealers.—
  375         (3) APPLICATION.—The application for such license shall be
  376  in the form prescribed by the department and subject to such
  377  rules as may be prescribed by it. The application shall be
  378  verified by oath or affirmation and shall contain:
  379         (j) A statement that the applicant is insured under a
  380  garage liability insurance policy, which shall include, at a
  381  minimum, $25,000 combined single-limit liability coverage,
  382  including bodily injury and property damage protection, and
  383  $10,000 personal injury protection, if the applicant is to be
  384  licensed as a dealer in, or intends to sell, recreational
  385  vehicles. However, a garage liability policy is not required for
  386  the licensure of a mobile home dealer who sells only park
  387  trailers.
  388  
  389  The department shall, if it deems necessary, cause an
  390  investigation to be made to ascertain if the facts set forth in
  391  the application are true and shall not issue a license to the
  392  applicant until it is satisfied that the facts set forth in the
  393  application are true.
  394         Section 9. Paragraph (c) of subsection (2) of section
  395  320.822, Florida Statutes, is amended to read:
  396         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
  397  320.822-320.862, unless the context otherwise requires, the
  398  following words or phrases have the following meanings:
  399         (2) “Code” means the appropriate standards found in:
  400         (c) The Mobile and Manufactured Home Repair and Remodeling
  401  Code and the Used Recreational Vehicle Code.
  402         Section 10. Subsection (2) of section 320.8232, Florida
  403  Statutes, is amended to read:
  404         320.8232 Establishment of uniform standards for used
  405  recreational vehicles and repair and remodeling code for mobile
  406  homes.—
  407         (2) The Mobile and Manufactured Home provisions of the
  408  Repair and Remodeling Code must be a uniform code, must shall
  409  ensure safe and livable housing, and may shall not be more
  410  stringent than those standards required to be met in the
  411  manufacture of mobile homes. Such code must provisions shall
  412  include, but not be limited to, standards for structural
  413  adequacy, plumbing, heating, electrical systems, and fire and
  414  life safety. All repairs and remodeling of mobile and
  415  manufactured homes must be performed in accordance with
  416  department rules.
  417         Section 11. Subsection (9) of section 367.022, Florida
  418  Statutes, is amended, and subsection (14) is added to that
  419  section, to read:
  420         367.022 Exemptions.—The following are not subject to
  421  regulation by the commission as a utility nor are they subject
  422  to the provisions of this chapter, except as expressly provided:
  423         (9) Any person who resells water service to his or her
  424  tenants or to individually metered residents for a fee that does
  425  not exceed the actual purchase price of the water and wastewater
  426  service plus the actual cost of meter reading and billing, not
  427  to exceed 9 percent of the actual cost of service.
  428         (14) The owner of a mobile home park operating both as a
  429  mobile home park and a mobile home subdivision, as those terms
  430  are defined in s. 723.003, who provides service within the park
  431  and subdivision to a combination of both tenants and lot owners,
  432  provided that the service to tenants is without specific
  433  compensation.
  434         Section 12. Paragraph (c) of subsection (6) of section
  435  420.5087, Florida Statutes, is amended to read:
  436         420.5087 State Apartment Incentive Loan Program.—There is
  437  hereby created the State Apartment Incentive Loan Program for
  438  the purpose of providing first, second, or other subordinated
  439  mortgage loans or loan guarantees to sponsors, including for
  440  profit, nonprofit, and public entities, to provide housing
  441  affordable to very-low-income persons.
  442         (6) On all state apartment incentive loans, except loans
  443  made to housing communities for the elderly to provide for
  444  lifesafety, building preservation, health, sanitation, or
  445  security-related repairs or improvements, the following
  446  provisions shall apply:
  447         (c) The corporation shall provide by rule for the
  448  establishment of a review committee for the competitive
  449  evaluation and selection of applications submitted in this
  450  program, including, but not limited to, the following criteria:
  451         1. Tenant income and demographic targeting objectives of
  452  the corporation.
  453         2. Targeting objectives of the corporation which will
  454  ensure an equitable distribution of loans between rural and
  455  urban areas.
  456         3. Sponsor’s agreement to reserve the units for persons or
  457  families who have incomes below 50 percent of the state or local
  458  median income, whichever is higher, for a time period that
  459  exceeds the minimum required by federal law or this part.
  460         4. Sponsor’s agreement to reserve more than:
  461         a. Twenty percent of the units in the project for persons
  462  or families who have incomes that do not exceed 50 percent of
  463  the state or local median income, whichever is higher; or
  464         b. Forty percent of the units in the project for persons or
  465  families who have incomes that do not exceed 60 percent of the
  466  state or local median income, whichever is higher, without
  467  requiring a greater amount of the loans as provided in this
  468  section.
  469         5. Provision for tenant counseling.
  470         6. Sponsor’s agreement to accept rental assistance
  471  certificates or vouchers as payment for rent.
  472         7. Projects requiring the least amount of a state apartment
  473  incentive loan compared to overall project cost, except that the
  474  share of the loan attributable to units serving extremely-low
  475  income persons must be excluded from this requirement.
  476         8. Local government contributions and local government
  477  comprehensive planning and activities that promote affordable
  478  housing and policies that promote access to public
  479  transportation, reduce the need for onsite parking, and expedite
  480  permits for affordable housing projects.
  481         9. Project feasibility.
  482         10. Economic viability of the project.
  483         11. Commitment of first mortgage financing.
  484         12. Sponsor’s prior experience.
  485         13. Sponsor’s ability to proceed with construction.
  486         14. Projects that directly implement or assist welfare-to
  487  work transitioning.
  488         15. Projects that reserve units for extremely-low-income
  489  persons.
  490         16. Projects that include green building principles, storm
  491  resistant construction, or other elements that reduce long-term
  492  costs relating to maintenance, utilities, or insurance.
  493         17. Job-creation rate of the developer and general
  494  contractor, as provided in s. 420.507(47).
  495         Section 13. Section 420.5095, Florida Statutes, is amended
  496  to read:
  497         420.5095 Community Workforce Housing Loan Innovation Pilot
  498  Program.—
  499         (1) The Legislature finds and declares that recent rapid
  500  increases in the median purchase price of a home and the cost of
  501  rental housing have far outstripped the increases in median
  502  income in the state, preventing essential services personnel
  503  from living in the communities where they serve and thereby
  504  creating the need for innovative solutions for the provision of
  505  housing opportunities for essential services personnel.
  506         (2) The Community Workforce Housing Loan Innovation Pilot
  507  Program is created to provide affordable rental and home
  508  ownership community workforce housing for persons essential
  509  services personnel affected by the high cost of housing, using
  510  regulatory incentives and state and local funds to promote local
  511  public-private partnerships and leverage government and private
  512  resources.
  513         (3) For purposes of this section, the term:
  514         (a) “workforce housing” means housing affordable to natural
  515  persons or families whose total annual household income does not
  516  exceed 80 140 percent of the area median income, adjusted for
  517  household size, or 120 150 percent of area median income,
  518  adjusted for household size, in areas of critical state concern
  519  designated under s. 380.05, for which the Legislature has
  520  declared its intent to provide affordable housing, and areas
  521  that were designated as areas of critical state concern for at
  522  least 20 consecutive years before prior to removal of the
  523  designation.
  524         (b) “Public-private partnership” means any form of business
  525  entity that includes substantial involvement of at least one
  526  county, one municipality, or one public sector entity, such as a
  527  school district or other unit of local government in which the
  528  project is to be located, and at least one private sector for
  529  profit or not-for-profit business or charitable entity, and may
  530  be any form of business entity, including a joint venture or
  531  contractual agreement.
  532         (4) The Florida Housing Finance Corporation is authorized
  533  to provide loans under the Community Workforce Housing
  534  Innovation Pilot program loans to applicants an applicant for
  535  construction or rehabilitation of workforce housing in eligible
  536  areas. This funding is intended to be used with other public and
  537  private sector resources.
  538         (5) The corporation shall establish a loan application
  539  process under s. 420.5087 by rule which includes selection
  540  criteria, an application review process, and a funding process.
  541  The corporation shall also establish an application review
  542  committee that may include up to three private citizens
  543  representing the areas of housing or real estate development,
  544  banking, community planning, or other areas related to the
  545  development or financing of workforce and affordable housing.
  546         (a) The selection criteria and application review process
  547  must include a procedure for curing errors in the loan
  548  applications which do not make a substantial change to the
  549  proposed project.
  550         (b) To achieve the goals of the pilot program, the
  551  application review committee may approve or reject loan
  552  applications or responses to questions raised during the review
  553  of an application due to the insufficiency of information
  554  provided.
  555         (c) The application review committee shall make
  556  recommendations concerning program participation and funding to
  557  the corporation’s board of directors.
  558         (d) The board of directors shall approve or reject loan
  559  applications, determine the tentative loan amount available to
  560  each applicant, and rank all approved applications.
  561         (e) The board of directors shall decide which approved
  562  applicants will become program participants and determine the
  563  maximum loan amount for each program participant.
  564         (6) The corporation shall provide incentives for local
  565  governments in eligible areas to use local affordable housing
  566  funds, such as those from the State Housing Initiatives
  567  Partnership Program, to assist in meeting the affordable housing
  568  needs of persons eligible under this program. Local governments
  569  are authorized to use State Housing Initiative Partnership
  570  Program funds for persons or families whose total annual
  571  household income does not exceed:
  572         (a) One hundred and forty percent of the area median
  573  income, adjusted for household size; or
  574         (b) One hundred and fifty percent of the area median
  575  income, adjusted for household size, in areas that were
  576  designated as areas of critical state concern for at least 20
  577  consecutive years prior to the removal of the designation and in
  578  areas of critical state concern, designated under s. 380.05, for
  579  which the Legislature has declared its intent to provide
  580  affordable housing.
  581         (7) Funding shall be targeted to innovative projects in
  582  areas where the disparity between the area median income and the
  583  median sales price for a single-family home is greatest, and
  584  where population growth as a percentage rate of increase is
  585  greatest. The corporation may also fund projects in areas where
  586  innovative regulatory and financial incentives are made
  587  available. The corporation shall fund at least one eligible
  588  project in as many counties and regions of the state as is
  589  practicable, consistent with program goals.
  590         (6)(8) Projects must be given shall receive priority
  591  consideration for funding if where:
  592         (a) the local jurisdiction has adopted, or is committed to
  593  adopting, appropriate regulatory incentives, or the local
  594  jurisdiction or public-private partnership has adopted or is
  595  committed to adopting local contributions or financial
  596  strategies, or other funding sources to promote the development
  597  and ongoing financial viability of such projects. Local
  598  incentives include such actions as expediting review of
  599  development orders and permits, supporting development near
  600  transportation hubs and major employment centers, and adopting
  601  land development regulations designed to allow flexibility in
  602  densities, use of accessory units, mixed-use developments, and
  603  flexible lot configurations. Financial strategies include such
  604  actions as promoting employer-assisted housing programs,
  605  providing tax increment financing, and providing land.
  606         (b) Projects are innovative and include new construction or
  607  rehabilitation; mixed-income housing; commercial and housing
  608  mixed-use elements; innovative design; green building
  609  principles; storm-resistant construction; or other elements that
  610  reduce long-term costs relating to maintenance, utilities, or
  611  insurance and promote homeownership. The program funding may not
  612  exceed the costs attributable to the portion of the project that
  613  is set aside to provide housing for the targeted population.
  614         (c)Projects that set aside at least 80 percent of units
  615  for workforce housing and at least 50 percent for essential
  616  services personnel and for projects that require the least
  617  amount of program funding compared to the overall housing costs
  618  for the project.
  619         (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
  620  government comprehensive plan amendment to implement a Community
  621  Workforce Housing Innovation Pilot Program project found
  622  consistent with this section shall be expedited as provided in
  623  this subsection. At least 30 days prior to adopting a plan
  624  amendment under this subsection, the local government shall
  625  notify the state land planning agency of its intent to adopt
  626  such an amendment, and the notice shall include its evaluation
  627  related to site suitability and availability of facilities and
  628  services. The public notice of the hearing required by s.
  629  163.3184(11)(b)2. shall include a statement that the local
  630  government intends to use the expedited adoption process
  631  authorized by this subsection. Such amendments shall require
  632  only a single public hearing before the governing board, which
  633  shall be an adoption hearing as described in s. 163.3184(4)(e).
  634  Any further proceedings shall be governed by s. 163.3184(5)
  635  (13).
  636         (10) The processing of approvals of development orders or
  637  development permits, as defined in s. 163.3164, for innovative
  638  community workforce housing projects shall be expedited.
  639         (7)(11) The corporation shall award loans with a 1 interest
  640  rates set at 1 to 3 percent interest rate for a term that does
  641  not exceed 15 years, which may be made forgivable when long-term
  642  affordability is provided and when at least 80 percent of the
  643  units are set aside for workforce housing and at least 50
  644  percent of the units are set aside for essential services
  645  personnel.
  646         (12) All eligible applications shall:
  647         (a) For home ownership, limit the sales price of a detached
  648  unit, townhome, or condominium unit to not more than 90 percent
  649  of the median sales price for that type of unit in that county,
  650  or the statewide median sales price for that type of unit,
  651  whichever is higher, and require that all eligible purchasers of
  652  home ownership units occupy the homes as their primary
  653  residence.
  654         (b) For rental units, restrict rents for all workforce
  655  housing serving those with incomes at or below 120 percent of
  656  area median income at the appropriate income level using the
  657  restricted rents for the federal low-income housing tax credit
  658  program and, for workforce housing units serving those with
  659  incomes above 120 percent of area median income, restrict rents
  660  to those established by the corporation, not to exceed 30
  661  percent of the maximum household income adjusted to unit size.
  662         (c) Demonstrate that the applicant is a public-private
  663  partnership in an agreement, contract, partnership agreement,
  664  memorandum of understanding, or other written instrument signed
  665  by all the project partners.
  666         (d) Have grants, donations of land, or contributions from
  667  the public-private partnership or other sources collectively
  668  totaling at least 10 percent of the total development cost or $2
  669  million, whichever is less. Such grants, donations of land, or
  670  contributions must be evidenced by a letter of commitment,
  671  agreement, contract, deed, memorandum of understanding, or other
  672  written instrument at the time of application. Grants, donations
  673  of land, or contributions in excess of 10 percent of the
  674  development cost shall increase the application score.
  675         (e) Demonstrate how the applicant will use the regulatory
  676  incentives and financial strategies outlined in subsection (8)
  677  from the local jurisdiction in which the proposed project is to
  678  be located. The corporation may consult with the Department of
  679  Economic Opportunity in evaluating the use of regulatory
  680  incentives by applicants.
  681         (f) Demonstrate that the applicant possesses title to or
  682  site control of land and evidences availability of required
  683  infrastructure.
  684         (g) Demonstrate the applicant’s affordable housing
  685  development and management experience.
  686         (h) Provide any research or facts available supporting the
  687  demand and need for rental or home ownership workforce housing
  688  for eligible persons in the market in which the project is
  689  proposed.
  690         (13) Projects may include manufactured housing constructed
  691  after June 1994 and installed in accordance with mobile home
  692  installation standards of the Department of Highway Safety and
  693  Motor Vehicles.
  694         (8)(14) The corporation may adopt rules pursuant to ss.
  695  120.536(1) and 120.54 to implement this section.
  696         (15) The corporation may use a maximum of 2 percent of the
  697  annual program appropriation for administration and compliance
  698  monitoring.
  699         (16) The corporation shall review the success of the
  700  Community Workforce Housing Innovation Pilot Program to
  701  ascertain whether the projects financed by the program are
  702  useful in meeting the housing needs of eligible areas and shall
  703  include its findings in the annual report required under s.
  704  420.511(3).
  705         Section 14. Section 420.531, Florida Statutes, is amended
  706  to read:
  707         420.531 Affordable Housing Catalyst Program.—
  708         (1) The corporation shall operate the Affordable Housing
  709  Catalyst Program for the purpose of securing the expertise
  710  necessary to provide specialized technical support to local
  711  governments and community-based organizations to implement the
  712  HOME Investment Partnership Program, State Apartment Incentive
  713  Loan Program, State Housing Initiatives Partnership Program, and
  714  other affordable housing programs. To the maximum extent
  715  feasible, the entity to provide the necessary expertise must be
  716  recognized by the Internal Revenue Service as a nonprofit tax
  717  exempt organization. It must have as its primary mission the
  718  provision of affordable housing training and technical
  719  assistance, an ability to provide training and technical
  720  assistance statewide, and a proven track record of successfully
  721  providing training and technical assistance under the Affordable
  722  Housing Catalyst Program. The technical support shall, at a
  723  minimum, include training relating to the following key elements
  724  of the partnership programs:
  725         (a)(1) Formation of local and regional housing partnerships
  726  as a means of bringing together resources to provide affordable
  727  housing.
  728         (b)(2) Implementation of regulatory reforms to reduce the
  729  risk and cost of developing affordable housing.
  730         (c)(3) Implementation of affordable housing programs
  731  included in local government comprehensive plans.
  732         (d)(4) Compliance with requirements of federally funded
  733  housing programs.
  734         (2) In consultation with the corporation, the entity
  735  providing statewide training and technical assistance shall
  736  convene and administer biannual, regional workshops for the
  737  locally elected officials serving on affordable housing advisory
  738  committees as provided in s. 420.9076. The regional workshops
  739  may be conducted through teleconferencing or other technological
  740  means and must include processes and programming that facilitate
  741  peer-to-peer identification and sharing of best affordable
  742  housing practices among the locally elected officials. Annually,
  743  calendar year reports summarizing the deliberations, actions,
  744  and recommendations of each region, as well as the attendance
  745  records of locally elected officials, must be compiled by the
  746  entity providing statewide training and technical assistance for
  747  the Affordable Housing Catalyst Program and must be submitted to
  748  the President of the Senate, the Speaker of the House of
  749  Representatives, and the corporation by March 31 of the
  750  following year.
  751         Section 15. Present subsection (7) of section 420.9073,
  752  Florida Statutes, is redesignated as subsection (8), and a new
  753  subsection (7) is added to that section, to read:
  754         420.9073 Local housing distributions.—
  755         (7) Notwithstanding subsections (1)-(4), the corporation
  756  may prioritize a portion of the State Apartment Incentive Loan
  757  Program funds set aside under s. 420.5087(3)(d) for persons with
  758  special needs as defined in s. 420.0004(13) to provide funding
  759  for the development of newly constructed permanent rental
  760  housing on a campus that provides housing for persons in foster
  761  care or persons aging out of foster care pursuant to s.
  762  409.1451. Such housing shall promote and facilitate access to
  763  community-based supportive, educational, and employment services
  764  and resources that assist persons aging out of foster care to
  765  successfully transition to independent living and adulthood. The
  766  corporation must consult with the Department of Children and
  767  Families to create minimum criteria for such housing.
  768         Section 16. Paragraph (j) is added to subsection (10) of
  769  section 420.9075, Florida Statutes, to read:
  770         420.9075 Local housing assistance plans; partnerships.—
  771         (10) Each county or eligible municipality shall submit to
  772  the corporation by September 15 of each year a report of its
  773  affordable housing programs and accomplishments through June 30
  774  immediately preceding submittal of the report. The report shall
  775  be certified as accurate and complete by the local government’s
  776  chief elected official or his or her designee. Transmittal of
  777  the annual report by a county’s or eligible municipality’s chief
  778  elected official, or his or her designee, certifies that the
  779  local housing incentive strategies, or, if applicable, the local
  780  housing incentive plan, have been implemented or are in the
  781  process of being implemented pursuant to the adopted schedule
  782  for implementation. The report must include, but is not limited
  783  to:
  784         (j) The number of affordable housing applications
  785  submitted, the number approved, and the number denied.
  786         Section 17. Subsections (2) and (4) of section 420.9076,
  787  Florida Statutes, are amended, and subsection (10) is added to
  788  that section, to read:
  789         420.9076 Adoption of affordable housing incentive
  790  strategies; committees.—
  791         (2) The governing board of a county or municipality shall
  792  appoint the members of the affordable housing advisory
  793  committee. Pursuant to the terms of any interlocal agreement, a
  794  county and municipality may create and jointly appoint an
  795  advisory committee. The local action adopted pursuant to s.
  796  420.9072 which creates the advisory committee and appoints the
  797  advisory committee members must name at least 8 but not more
  798  than 11 committee members and specify their terms. Effective
  799  October 1, 2020, the committee must consist of one locally
  800  elected official from each county or municipality participating
  801  in the State Housing Initiatives Partnership Program and one
  802  representative from at least six of the categories below:
  803         (a) A citizen who is actively engaged in the residential
  804  home building industry in connection with affordable housing.
  805         (b) A citizen who is actively engaged in the banking or
  806  mortgage banking industry in connection with affordable housing.
  807         (c) A citizen who is a representative of those areas of
  808  labor actively engaged in home building in connection with
  809  affordable housing.
  810         (d) A citizen who is actively engaged as an advocate for
  811  low-income persons in connection with affordable housing.
  812         (e) A citizen who is actively engaged as a for-profit
  813  provider of affordable housing.
  814         (f) A citizen who is actively engaged as a not-for-profit
  815  provider of affordable housing.
  816         (g) A citizen who is actively engaged as a real estate
  817  professional in connection with affordable housing.
  818         (h) A citizen who actively serves on the local planning
  819  agency pursuant to s. 163.3174. If the local planning agency is
  820  comprised of the governing board of the county or municipality,
  821  the governing board may appoint a designee who is knowledgeable
  822  in the local planning process.
  823         (i) A citizen who resides within the jurisdiction of the
  824  local governing body making the appointments.
  825         (j) A citizen who represents employers within the
  826  jurisdiction.
  827         (k) A citizen who represents essential services personnel,
  828  as defined in the local housing assistance plan.
  829         (4) Annually Triennially, the advisory committee shall
  830  review the established policies and procedures, ordinances, land
  831  development regulations, and adopted local government
  832  comprehensive plan of the appointing local government and shall
  833  recommend specific actions or initiatives to encourage or
  834  facilitate affordable housing while protecting the ability of
  835  the property to appreciate in value. The recommendations may
  836  include the modification or repeal of existing policies,
  837  procedures, ordinances, regulations, or plan provisions; the
  838  creation of exceptions applicable to affordable housing; or the
  839  adoption of new policies, procedures, regulations, ordinances,
  840  or plan provisions, including recommendations to amend the local
  841  government comprehensive plan and corresponding regulations,
  842  ordinances, and other policies. At a minimum, each advisory
  843  committee shall submit an annual a report to the local governing
  844  body and to the entity providing statewide training and
  845  technical assistance for the Affordable Housing Catalyst Program
  846  which that includes recommendations on, and triennially
  847  thereafter evaluates the implementation of, affordable housing
  848  incentives in the following areas:
  849         (a) The processing of approvals of development orders or
  850  permits for affordable housing projects is expedited to a
  851  greater degree than other projects, as provided in s.
  852  163.3177(6)(f)3.
  853         (b) All allowable fee waivers provided The modification of
  854  impact-fee requirements, including reduction or waiver of fees
  855  and alternative methods of fee payment for the development or
  856  construction of affordable housing.
  857         (c) The allowance of flexibility in densities for
  858  affordable housing.
  859         (d) The reservation of infrastructure capacity for housing
  860  for very-low-income persons, low-income persons, and moderate
  861  income persons.
  862         (e) The allowance of Affordable accessory residential units
  863  in residential zoning districts.
  864         (f) The reduction of parking and setback requirements for
  865  affordable housing.
  866         (g) The allowance of flexible lot configurations, including
  867  zero-lot-line configurations for affordable housing.
  868         (h) The modification of street requirements for affordable
  869  housing.
  870         (i) The establishment of a process by which a local
  871  government considers, before adoption, policies, procedures,
  872  ordinances, regulations, or plan provisions that increase the
  873  cost of housing.
  874         (j) The preparation of a printed inventory of locally owned
  875  public lands suitable for affordable housing.
  876         (k) The support of development near transportation hubs and
  877  major employment centers and mixed-use developments.
  878  
  879  The advisory committee recommendations may also include other
  880  affordable housing incentives identified by the advisory
  881  committee. Local governments that receive the minimum allocation
  882  under the State Housing Initiatives Partnership Program shall
  883  perform an the initial review but may elect to not perform the
  884  annual triennial review.
  885         (10) The locally elected official serving on an advisory
  886  committee, or a locally elected designee, must attend biannual
  887  regional workshops convened and administered under the
  888  Affordable Housing Catalyst Program as provided in s.
  889  420.531(2). If the locally elected official or a locally elected
  890  designee fails to attend three consecutive regional workshops,
  891  the corporation may withhold funds pending the person’s
  892  attendance at the next regularly scheduled biannual meeting.
  893         Section 18. Section 423.02, Florida Statutes, is amended to
  894  read:
  895         423.02 Housing projects exempted from taxes and
  896  assessments; payments in lieu thereof.—The housing projects,
  897  including all property of housing authorities used for or in
  898  connection therewith or appurtenant thereto, of housing
  899  authorities, or their nonprofit instrumentalities as authorized
  900  by s. 421.08(8), shall be exempt from all taxes and special
  901  assessments of the state or any city, town, county, or political
  902  subdivision of the state, provided, however, that in lieu of
  903  such taxes or special assessments, a housing authority or its
  904  nonprofit instrumentality may agree to make payments to any
  905  city, town, county, or political subdivision of the state for
  906  services, improvements, or facilities furnished by such city,
  907  town, county, or political subdivision for the benefit of a
  908  housing project owned by the housing authority or its nonprofit
  909  instrumentality, but in no event shall such payments exceed the
  910  estimated cost to such city, town, county, or political
  911  subdivision of the services, improvements, or facilities to be
  912  so furnished. A city, town, county, or political subdivision of
  913  the state may not rename, modify terminology, or otherwise
  914  change a tax or assessment with the intent to circumvent the
  915  exemption provided under this section, which must be interpreted
  916  broadly to protect housing authorities or their nonprofit
  917  instrumentalities from taxation or assessment.
  918         Section 19. Subsection (4) of section 723.011, Florida
  919  Statutes, is amended to read:
  920         723.011 Disclosure prior to rental of a mobile home lot;
  921  prospectus, filing, approval.—
  922         (4) With regard to a tenancy in existence on the effective
  923  date of this chapter, the prospectus or offering circular
  924  offered by the mobile home park owner must shall contain the
  925  same terms and conditions as rental agreements offered to all
  926  other mobile home owners residing in the park on the effective
  927  date of this act, excepting only rent variations based upon lot
  928  location and size, and may shall not require any mobile home
  929  owner to install any permanent improvements, except that the
  930  mobile home owner may be required to install permanent
  931  improvements to the mobile home as disclosed in the prospectus.
  932         Section 20. Subsection (5) of section 723.012, Florida
  933  Statutes, is amended to read:
  934         723.012 Prospectus or offering circular.—The prospectus or
  935  offering circular, which is required to be provided by s.
  936  723.011, must contain the following information:
  937         (5) A description of the recreational and other common
  938  facilities, if any, that will be used by the mobile home owners,
  939  including, but not limited to:
  940         (a) The number of buildings and each room thereof and its
  941  intended purposes, location, approximate floor area, and
  942  capacity in numbers of people.
  943         (b) Each swimming pool, as to its general location,
  944  approximate size and depths, and approximate deck size and
  945  capacity and whether heated.
  946         (c) All other facilities and permanent improvements that
  947  which will serve the mobile home owners.
  948         (d) A general description of the items of personal property
  949  available for use by the mobile home owners.
  950         (e) A general description of the days and hours that
  951  facilities will be available for use.
  952         (f) A statement as to whether all improvements are complete
  953  and, if not, their estimated completion dates.
  954  
  955  If a mobile home park owner intends to include additional
  956  property and mobile home lots and to increase the number of lots
  957  that will use the shared facilities of the park, the mobile home
  958  park owner must amend the prospectus to disclose such additions.
  959  If the number of mobile home lots in the park increases by more
  960  than 15 percent of the total number of lots in the original
  961  prospectus, the mobile home park owner must reasonably offset
  962  the impact of the additional lots by increasing the shared
  963  facilities. The amendment to the prospectus must include a
  964  reasonable timeframe for providing the required additional
  965  shared facilities. The costs and expenses necessary to increase
  966  the shared facilities may not be passed on or passed through to
  967  the existing mobile home owners.
  968         Section 21. Section 723.023, Florida Statutes, is amended
  969  to read:
  970         723.023 Mobile home owner’s general obligations.—A mobile
  971  home owner shall at all times:
  972         (1) At all times comply with all obligations imposed on
  973  mobile home owners by applicable provisions of building,
  974  housing, and health codes, including compliance with all
  975  building permits and construction requirements for construction
  976  on the mobile home and lot. The home owner is responsible for
  977  all fines imposed by the local government for noncompliance with
  978  any local codes.
  979         (2) At all times keep the mobile home lot that which he or
  980  she occupies clean, neat, and sanitary, and maintained in
  981  compliance with all local codes.
  982         (3) At all times comply with properly promulgated park
  983  rules and regulations and require other persons on the premises
  984  with his or her consent to comply with such rules and to conduct
  985  themselves, and other persons on the premises with his or her
  986  consent, in a manner that does not unreasonably disturb other
  987  residents of the park or constitute a breach of the peace.
  988         (4)Receive written approval from the mobile home park
  989  owner before making any exterior modification or addition to the
  990  home.
  991         (5)When vacating the premises, remove any debris and other
  992  property of any kind which is left on the mobile home lot.
  993         Section 22. Subsection (5) of section 723.031, Florida
  994  Statutes, is amended to read:
  995         723.031 Mobile home lot rental agreements.—
  996         (5) The rental agreement must shall contain the lot rental
  997  amount and services included. An increase in lot rental amount
  998  upon expiration of the term of the lot rental agreement must
  999  shall be in accordance with ss. 723.033 and 723.037 or s.
 1000  723.059(4), whichever is applicable;, provided that, pursuant to
 1001  s. 723.059(4), the amount of the lot rental increase is
 1002  disclosed and agreed to by the purchaser, in writing. An
 1003  increase in lot rental amount shall not be arbitrary or
 1004  discriminatory between similarly situated tenants in the park. A
 1005  lot rental amount may not be increased during the term of the
 1006  lot rental agreement, except:
 1007         (a) When the manner of the increase is disclosed in a lot
 1008  rental agreement with a term exceeding 12 months and which
 1009  provides for such increases not more frequently than annually.
 1010         (b) For pass-through charges as defined in s. 723.003.
 1011         (c) That a charge may not be collected which results in
 1012  payment of money for sums previously collected as part of the
 1013  lot rental amount. The provisions hereof notwithstanding, the
 1014  mobile home park owner may pass on, at any time during the term
 1015  of the lot rental agreement, ad valorem property taxes, non-ad
 1016  valorem assessments, and utility charges, or increases of
 1017  either, provided that the ad valorem property taxes, non-ad
 1018  valorem assessments, and utility charges are not otherwise being
 1019  collected in the remainder of the lot rental amount and provided
 1020  further that the passing on of such ad valorem taxes, non-ad
 1021  valorem assessments, or utility charges, or increases of either,
 1022  was disclosed prior to tenancy, was being passed on as a matter
 1023  of custom between the mobile home park owner and the mobile home
 1024  owner, or such passing on was authorized by law. A park owner is
 1025  deemed to have disclosed the passing on of ad valorem property
 1026  taxes and non-ad valorem assessments if ad valorem property
 1027  taxes or non-ad valorem assessments were disclosed as a separate
 1028  charge or a factor for increasing the lot rental amount in the
 1029  prospectus or rental agreement. Such ad valorem taxes, non-ad
 1030  valorem assessments, and utility charges shall be a part of the
 1031  lot rental amount as defined by this chapter. The term “non-ad
 1032  valorem assessments” has the same meaning as provided in s.
 1033  197.3632(1)(d). Other provisions of this chapter
 1034  notwithstanding, pass-on charges may be passed on only within 1
 1035  year of the date a mobile home park owner remits payment of the
 1036  charge. A mobile home park owner is prohibited from passing on
 1037  any fine, interest, fee, or increase in a charge resulting from
 1038  a park owner’s payment of the charge after the date such charges
 1039  become delinquent. A mobile home park owner is prohibited from
 1040  charging or collecting from the mobile home owners any sum for
 1041  ad valorem taxes or non-ad valorem tax charges in an amount in
 1042  excess of the sums remitted by the park owner to the tax
 1043  collector. Nothing herein shall prohibit a park owner and a
 1044  homeowner from mutually agreeing to an alternative manner of
 1045  payment to the park owner of the charges.
 1046         (d) If a notice of increase in lot rental amount is not
 1047  given 90 days before the renewal date of the rental agreement,
 1048  the rental agreement must remain under the same terms until a
 1049  90-day notice of increase in lot rental amount is given. The
 1050  notice may provide for a rental term shorter than 1 year in
 1051  order to maintain the same renewal date.
 1052         Section 23. Subsection (1) and paragraph (a) of subsection
 1053  (4) of section 723.037, Florida Statutes, are amended to read:
 1054         723.037 Lot rental increases; reduction in services or
 1055  utilities; change in rules and regulations; mediation.—
 1056         (1) A park owner shall give written notice to each affected
 1057  mobile home owner and the board of directors of the homeowners’
 1058  association, if one has been formed, at least 90 days before any
 1059  increase in lot rental amount or reduction in services or
 1060  utilities provided by the park owner or change in rules and
 1061  regulations. The park owner may give notice of all increases in
 1062  lot rental amount for multiple anniversary dates in the same 90
 1063  day notice. The notice must shall identify all other affected
 1064  homeowners, which may be by lot number, name, group, or phase.
 1065  If the affected homeowners are not identified by name, the park
 1066  owner shall make the names and addresses available upon request.
 1067  However, this requirement does not authorize the release of the
 1068  names, addresses, or other private information about the
 1069  homeowners to the association or any other person for any other
 1070  purpose. The home owner’s right to the 90-day notice may not be
 1071  waived or precluded by a home owner, or the homeowners’
 1072  committee, in an agreement with the park owner. Rules adopted as
 1073  a result of restrictions imposed by governmental entities and
 1074  required to protect the public health, safety, and welfare may
 1075  be enforced prior to the expiration of the 90-day period but are
 1076  not otherwise exempt from the requirements of this chapter.
 1077  Pass-through charges must be separately listed as to the amount
 1078  of the charge, the name of the governmental entity mandating the
 1079  capital improvement, and the nature or type of the pass-through
 1080  charge being levied. Notices of increase in the lot rental
 1081  amount due to a pass-through charge must shall state the
 1082  additional payment and starting and ending dates of each pass
 1083  through charge. The homeowners’ association shall have no
 1084  standing to challenge the increase in lot rental amount,
 1085  reduction in services or utilities, or change of rules and
 1086  regulations unless a majority of the affected homeowners agree,
 1087  in writing, to such representation.
 1088         (4)(a) A committee, not to exceed five in number,
 1089  designated by a majority of the affected mobile home owners or
 1090  by the board of directors of the homeowners’ association, if
 1091  applicable, and the park owner shall meet, at a mutually
 1092  convenient time and place no later than 60 days before the
 1093  effective date of the change to discuss the reasons for the
 1094  increase in lot rental amount, reduction in services or
 1095  utilities, or change in rules and regulations. The negotiating
 1096  committee shall make a written request for a meeting with the
 1097  park owner or subdivision developer to discuss those matters
 1098  addressed in the 90-day notice, and may include in the request a
 1099  listing of any other issue, with supporting documentation, that
 1100  the committee intends to raise and discuss at the meeting. The
 1101  committee shall address all lot rental amount increases that are
 1102  specified in the notice of lot rental amount increase,
 1103  regardless of the effective date of the increase.
 1104  
 1105  This subsection is not intended to be enforced by civil or
 1106  administrative action. Rather, the meetings and discussions are
 1107  intended to be in the nature of settlement discussions prior to
 1108  the parties proceeding to mediation of any dispute.
 1109         Section 24. Subsections (5) and (6) are added to section
 1110  723.041, Florida Statutes, to read:
 1111         723.041 Entrance fees; refunds; exit fees prohibited;
 1112  replacement homes.—
 1113         (5) A mobile home park that is damaged or destroyed due to
 1114  wind, water, or other natural force may be rebuilt on the same
 1115  site with the same density as was approved, permitted, and built
 1116  before the park was damaged or destroyed.
 1117         (6) This section does not limit the regulation of the
 1118  uniform firesafety standards established under s. 633.206, but
 1119  supersedes any other density, separation, setback, or lot size
 1120  regulation adopted after initial permitting and construction of
 1121  the mobile home park.
 1122         Section 25. Section 723.042, Florida Statutes, is amended
 1123  to read:
 1124         723.042 Provision of improvements.—A No person may not
 1125  shall be required by a mobile home park owner or developer, as a
 1126  condition of residence in the mobile home park, to provide any
 1127  improvement unless the requirement is disclosed pursuant to s.
 1128  723.012(7) s. 723.011 prior to occupancy in the mobile home
 1129  park.
 1130         Section 26. Section 723.059, Florida Statutes, is amended
 1131  to read:
 1132         723.059 Rights of Purchaser of a mobile home within a
 1133  mobile home park.—
 1134         (1) The purchaser of a mobile home within a mobile home
 1135  park may become a tenant of the park if such purchaser would
 1136  otherwise qualify with the requirements of entry into the park
 1137  under the park rules and regulations, subject to the approval of
 1138  the park owner, but such approval may not be unreasonably
 1139  withheld. The purchaser of the mobile home may cancel or rescind
 1140  the contract for purchase of the mobile home if the purchaser’s
 1141  tenancy has not been approved by the park owner 5 days before
 1142  the closing of the purchase.
 1143         (2) Properly promulgated rules may provide for the
 1144  screening of any prospective purchaser to determine whether or
 1145  not such purchaser is qualified to become a tenant of the park.
 1146         (3) The purchaser of a mobile home who intends to become
 1147  becomes a resident of the mobile home park in accordance with
 1148  this section has the right to assume the remainder of the term
 1149  of any rental agreement then in effect between the mobile home
 1150  park owner and the seller and may assume the seller’s
 1151  prospectus. However, nothing herein shall prohibit a mobile home
 1152  park owner from offering the purchaser of a mobile home any
 1153  approved prospectus shall be entitled to rely on the terms and
 1154  conditions of the prospectus or offering circular as delivered
 1155  to the initial recipient.
 1156         (4) However, nothing herein shall be construed to prohibit
 1157  a mobile home park owner from increasing the rental amount to be
 1158  paid by the purchaser upon the expiration of the assumed rental
 1159  agreement in an amount deemed appropriate by the mobile home
 1160  park owner, so long as such increase is disclosed to the
 1161  purchaser prior to his or her occupancy and is imposed in a
 1162  manner consistent with the purchaser’s initial offering circular
 1163  or prospectus and this act.
 1164         (5) Lifetime leases and the renewal provisions in
 1165  automatically renewable leases, both those existing and those
 1166  entered into after July 1, 1986, are not assumable unless
 1167  otherwise provided in the mobile home lot rental agreement or
 1168  unless the transferee is the home owner’s spouse. The right to
 1169  an assumption of the lease by a spouse may be exercised only one
 1170  time during the term of that lease.
 1171         Section 27. Paragraph (d) of subsection (1) of section
 1172  723.061, Florida Statutes, is amended, and subsection (5) is
 1173  added to that section, to read:
 1174         723.061 Eviction; grounds, proceedings.—
 1175         (1) A mobile home park owner may evict a mobile home owner,
 1176  a mobile home tenant, a mobile home occupant, or a mobile home
 1177  only on one or more of the following grounds:
 1178         (d) Change in use of the land comprising the mobile home
 1179  park, or the portion thereof from which mobile homes are to be
 1180  evicted, from mobile home lot rentals to some other use, if:
 1181         1. The park owner gives written notice to the homeowners’
 1182  association formed and operating under ss. 723.075-723.079 of
 1183  its right to purchase the mobile home park, if the land
 1184  comprising the mobile home park is changing use from mobile home
 1185  lot rentals to a different use, at the price and under the terms
 1186  and conditions set forth in the written notice.
 1187         a. The notice shall be delivered to the officers of the
 1188  homeowners’ association by United States mail. Within 45 days
 1189  after the date of mailing of the notice, the homeowners’
 1190  association may execute and deliver a contract to the park owner
 1191  to purchase the mobile home park at the price and under the
 1192  terms and conditions set forth in the notice. If the contract
 1193  between the park owner and the homeowners’ association is not
 1194  executed and delivered to the park owner within the 45-day
 1195  period, the park owner is under no further obligation to the
 1196  homeowners’ association except as provided in sub-subparagraph
 1197  b.
 1198         b. If the park owner elects to offer or sell the mobile
 1199  home park at a price lower than the price specified in her or
 1200  his initial notice to the officers of the homeowners’
 1201  association, the homeowners’ association has an additional 10
 1202  days to meet the revised price, terms, and conditions of the
 1203  park owner by executing and delivering a revised contract to the
 1204  park owner.
 1205         c. The park owner is not obligated under this subparagraph
 1206  or s. 723.071 to give any other notice to, or to further
 1207  negotiate with, the homeowners’ association for the sale of the
 1208  mobile home park to the homeowners’ association after 6 months
 1209  after the date of the mailing of the initial notice under sub
 1210  subparagraph a.
 1211         2. The park owner gives the affected mobile home owners and
 1212  tenants at least 6 months’ notice of the eviction due to the
 1213  projected change in use and of their need to secure other
 1214  accommodations. Within 20 days after giving an eviction notice
 1215  to a mobile home owner, the park owner must provide the division
 1216  with a copy of the notice. The division must provide the
 1217  executive director of the Florida Mobile Home Relocation
 1218  Corporation with a copy of the notice.
 1219         a. The notice of eviction due to a change in use of the
 1220  land must include in a font no smaller than the body of the
 1221  notice the following statement:
 1222  
 1223  YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME
 1224  RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME
 1225  RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
 1226  AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND
 1227  PROFESSIONAL REGULATION.
 1228  
 1229         b. The park owner may not give a notice of increase in lot
 1230  rental amount within 90 days before giving notice of a change in
 1231  use.
 1232         (5)A park owner who accepts payment of any portion of the
 1233  lot rental amount with actual knowledge of noncompliance after
 1234  notice and termination of the rental agreement due to a
 1235  violation under paragraph (1)(b), paragraph (1)(c), or paragraph
 1236  (1)(e) does not waive the right to terminate the rental
 1237  agreement or the right to bring a civil action for the
 1238  noncompliance, but not for any subsequent or continuing
 1239  noncompliance. Any rent so received must be accounted for at the
 1240  final hearing.
 1241         Section 28. Subsection (1) of section 723.076, Florida
 1242  Statutes, is amended to read:
 1243         723.076 Incorporation; notification of park owner.—
 1244         (1) Upon receipt of its certificate of incorporation, the
 1245  homeowners’ association shall notify the park owner in writing
 1246  of such incorporation and shall advise the park owner of the
 1247  names and addresses of the officers of the homeowners’
 1248  association by personal delivery upon the park owner’s
 1249  representative as designated in the prospectus or by certified
 1250  mail, return receipt requested. Thereafter, the homeowners’
 1251  association shall notify the park owner in writing by certified
 1252  mail, return receipt requested, of any change of names and
 1253  addresses of its president or registered agent. Upon election or
 1254  appointment of new officers or members, the homeowners’
 1255  association shall notify the park owner in writing by certified
 1256  mail, return receipt requested, of the names and addresses of
 1257  the new officers or members.
 1258         Section 29. Paragraphs (b) through (e) of subsection (2) of
 1259  section 723.078, Florida Statutes, are amended, and paragraph
 1260  (i) of that subsection is reenacted, to read:
 1261         723.078 Bylaws of homeowners’ associations.—
 1262         (2) The bylaws shall provide and, if they do not, shall be
 1263  deemed to include, the following provisions:
 1264         (b) Quorum; voting requirements; proxies.—
 1265         1. Unless otherwise provided in the bylaws, 30 percent of
 1266  the total membership is required to constitute a quorum.
 1267  Decisions shall be made by a majority of members represented at
 1268  a meeting at which a quorum is present.
 1269         2.a. A member may not vote by general proxy but may vote by
 1270  limited proxies substantially conforming to a limited proxy form
 1271  adopted by the division. Limited proxies and general proxies may
 1272  be used to establish a quorum. Limited proxies may be used for
 1273  votes taken to amend the articles of incorporation or bylaws
 1274  pursuant to this section, and any other matters for which this
 1275  chapter requires or permits a vote of members. A, except that no
 1276  proxy, limited or general, may not be used in the election of
 1277  board members in general elections or elections to fill
 1278  vacancies caused by recall, resignation, or otherwise. Board
 1279  members must be elected by written ballot or by voting in
 1280  person. If a mobile home or subdivision lot is owned jointly,
 1281  the owners of the mobile home or subdivision lot must be counted
 1282  as one for the purpose of determining the number of votes
 1283  required for a majority. Only one vote per mobile home or
 1284  subdivision lot shall be counted. Any number greater than 50
 1285  percent of the total number of votes constitutes a majority.
 1286  Notwithstanding this section, members may vote in person at
 1287  member meetings or by secret ballot, including absentee ballots,
 1288  as defined by the division.
 1289         b.Elections shall be decided by a plurality of the ballots
 1290  cast. There is no quorum requirement; however, at least 20
 1291  percent of the eligible voters must cast a ballot in order to
 1292  have a valid election. A member may not allow any other person
 1293  to cast his or her ballot, and any ballots improperly cast are
 1294  invalid. An election is not required unless there are more
 1295  candidates nominated than vacancies that exist on the board.
 1296         c.Each member or other eligible person who desires to be a
 1297  candidate for the board of directors shall appear on the ballot
 1298  in alphabetical order by surname. A ballot may not indicate if
 1299  any of the candidates are incumbent on the board. All ballots
 1300  must be uniform in appearance. Write-in candidates and more than
 1301  one vote per candidate per ballot are not allowed. A ballot may
 1302  not provide a space for the signature of, or any other means of
 1303  identifying, a voter. If a ballot contains more votes than
 1304  vacancies or fewer votes than vacancies, the ballot is invalid
 1305  unless otherwise stated in the bylaws.
 1306         d.An impartial committee shall be responsible for
 1307  overseeing the election process and complying with all ballot
 1308  requirements. For purposes of this section, the term “impartial
 1309  committee” means a committee whose members do not include any of
 1310  the following people or their spouses:
 1311         (I)Current board members.
 1312         (II)Current association officers.
 1313         (III)Candidates for the association or board.
 1314         e.The association bylaws shall provide a method for
 1315  determining the winner of an election in which two or more
 1316  candidates for the same position receive the same number of
 1317  votes.
 1318         f.The division shall adopt procedural rules to govern
 1319  elections, including, but not limited to, rules for providing
 1320  notice by electronic transmission and rules for maintaining the
 1321  secrecy of ballots.
 1322         3. A proxy is effective only for the specific meeting for
 1323  which originally given and any lawfully adjourned meetings
 1324  thereof. In no event shall any proxy be valid for a period
 1325  longer than 90 days after the date of the first meeting for
 1326  which it was given. Every proxy shall be revocable at any time
 1327  at the pleasure of the member executing it.
 1328         4. A member of the board of directors or a committee may
 1329  submit in writing his or her agreement or disagreement with any
 1330  action taken at a meeting that the member did not attend. This
 1331  agreement or disagreement may not be used as a vote for or
 1332  against the action taken and may not be used for the purposes of
 1333  creating a quorum.
 1334         (c) Board of directors’ and committee meetings.—
 1335         1. Meetings of the board of directors and meetings of its
 1336  committees at which a quorum is present shall be open to all
 1337  members. Notwithstanding any other provision of law, the
 1338  requirement that board meetings and committee meetings be open
 1339  to the members does not apply to meetings between the park owner
 1340  and the board of directors or any of the board’s committees,
 1341  board or committee meetings held for the purpose of discussing
 1342  personnel matters, or meetings between the board or a committee
 1343  and the association’s attorney, with respect to potential or
 1344  pending litigation, when where the meeting is held for the
 1345  purpose of seeking or rendering legal advice, and when where the
 1346  contents of the discussion would otherwise be governed by the
 1347  attorney-client privilege. Notice of all meetings open to
 1348  members shall be posted in a conspicuous place upon the park
 1349  property at least 48 hours in advance, except in an emergency.
 1350  Notice of any meeting in which dues assessments against members
 1351  are to be considered for any reason shall specifically contain a
 1352  statement that dues assessments will be considered and the
 1353  nature of such dues assessments.
 1354         2. A board or committee member’s participation in a meeting
 1355  via telephone, real-time videoconferencing, or similar real-time
 1356  telephonic, electronic, or video communication counts toward a
 1357  quorum, and such member may vote as if physically present. A
 1358  speaker shall be used so that the conversation of those board or
 1359  committee members attending by telephone may be heard by the
 1360  board or committee members attending in person, as well as by
 1361  members present at a meeting.
 1362         3. Members of the board of directors may use e-mail as a
 1363  means of communication but may not cast a vote on an association
 1364  matter via e-mail.
 1365         4. The right to attend meetings of the board of directors
 1366  and its committees includes the right to speak at such meetings
 1367  with reference to all designated agenda items. The association
 1368  may adopt reasonable written rules governing the frequency,
 1369  duration, and manner of members’ statements. Any item not
 1370  included on the notice may be taken up on an emergency basis by
 1371  at least a majority plus one of the members of the board. Such
 1372  emergency action shall be noticed and ratified at the next
 1373  regular meeting of the board. Any member may tape record or
 1374  videotape meetings of the board of directors and its committees,
 1375  except meetings between the board of directors or its appointed
 1376  homeowners’ committee and the park owner. The division shall
 1377  adopt reasonable rules governing the tape recording and
 1378  videotaping of the meeting.
 1379         5. Except as provided in paragraph (i), a vacancy occurring
 1380  on the board of directors may be filled by the affirmative vote
 1381  of the majority of the remaining directors, even though the
 1382  remaining directors constitute less than a quorum; by the sole
 1383  remaining director; if the vacancy is not so filled or if no
 1384  director remains, by the members; or, on the application of any
 1385  person, by the circuit court of the county in which the
 1386  registered office of the corporation is located.
 1387         6. The term of a director elected or appointed to fill a
 1388  vacancy expires at the next annual meeting at which directors
 1389  are elected. A directorship to be filled by reason of an
 1390  increase in the number of directors may be filled by the board
 1391  of directors, but only for the term of office continuing until
 1392  the next election of directors by the members.
 1393         7. A vacancy that will occur at a specific later date, by
 1394  reason of a resignation effective at a later date, may be filled
 1395  before the vacancy occurs. However, the new director may not
 1396  take office until the vacancy occurs.
 1397         8.a. The officers and directors of the association have a
 1398  fiduciary relationship to the members.
 1399         b. A director and committee member shall discharge his or
 1400  her duties in good faith, with the care an ordinarily prudent
 1401  person in a like position would exercise under similar
 1402  circumstances, and in a manner he or she reasonably believes to
 1403  be in the best interests of the corporation.
 1404         9. In discharging his or her duties, a director may rely on
 1405  information, opinions, reports, or statements, including
 1406  financial statements and other financial data, if prepared or
 1407  presented by:
 1408         a. One or more officers or employees of the corporation who
 1409  the director reasonably believes to be reliable and competent in
 1410  the matters presented;
 1411         b. Legal counsel, public accountants, or other persons as
 1412  to matters the director reasonably believes are within the
 1413  persons’ professional or expert competence; or
 1414         c. A committee of the board of directors of which he or she
 1415  is not a member if the director reasonably believes the
 1416  committee merits confidence.
 1417         10. A director is not acting in good faith if he or she has
 1418  knowledge concerning the matter in question that makes reliance
 1419  otherwise permitted by subparagraph 9. unwarranted.
 1420         11. A director is not liable for any action taken as a
 1421  director, or any failure to take any action, if he or she
 1422  performed the duties of his or her office in compliance with
 1423  this section.
 1424         (d) Member meetings.—Members shall meet at least once each
 1425  calendar year, and the meeting shall be the annual meeting. All
 1426  members of the board of directors shall be elected at the annual
 1427  meeting unless the bylaws provide for staggered election terms
 1428  or for their election at another meeting. The bylaws shall not
 1429  restrict any member desiring to be a candidate for board
 1430  membership from being nominated from the floor. All nominations
 1431  from the floor must be made at a duly noticed meeting of the
 1432  members held at least 27 30 days before the annual meeting. The
 1433  bylaws shall provide the method for calling the meetings of the
 1434  members, including annual meetings. The method shall provide at
 1435  least 14 days’ written notice to each member in advance of the
 1436  meeting and require the posting in a conspicuous place on the
 1437  park property of a notice of the meeting at least 14 days prior
 1438  to the meeting. The right to receive written notice of
 1439  membership meetings may be waived in writing by a member. Unless
 1440  waived, the notice of the annual meeting shall be mailed, hand
 1441  delivered, or electronically transmitted to each member, and
 1442  shall constitute notice. Unless otherwise stated in the bylaws,
 1443  an officer of the association shall provide an affidavit
 1444  affirming that the notices were mailed, or hand delivered, or
 1445  provided by electronic transmission in accordance with the
 1446  provisions of this section to each member at the address last
 1447  furnished to the corporation. These meeting requirements do not
 1448  prevent members from waiving notice of meetings or from acting
 1449  by written agreement without meetings, if allowed by the bylaws.
 1450         (e) Minutes of meetings.—
 1451         1. Notwithstanding any other provision of law, the minutes
 1452  of board or committee meetings that are closed to members are
 1453  privileged and confidential and are not available for inspection
 1454  or photocopying.
 1455         2. Minutes of all meetings of members of an association and
 1456  meetings open to members of, the board of directors, and a
 1457  committee of the board must be maintained in written form and
 1458  approved by the members, board, or committee, as applicable. A
 1459  vote or abstention from voting on each matter voted upon for
 1460  each director present at a board meeting must be recorded in the
 1461  minutes.
 1462         3.2. All approved minutes of open meetings of members,
 1463  committees, and the board of directors shall be kept in a
 1464  businesslike manner and shall be available for inspection by
 1465  members, or their authorized representatives, and board members
 1466  at reasonable times. The association shall retain these minutes
 1467  within this state for a period of at least 5 7 years.
 1468         (i) Recall of board members.—Any member of the board of
 1469  directors may be recalled and removed from office with or
 1470  without cause by the vote of or agreement in writing by a
 1471  majority of all members. A special meeting of the members to
 1472  recall a member or members of the board of directors may be
 1473  called by 10 percent of the members giving notice of the meeting
 1474  as required for a meeting of members, and the notice shall state
 1475  the purpose of the meeting. Electronic transmission may not be
 1476  used as a method of giving notice of a meeting called in whole
 1477  or in part for this purpose.
 1478         1. If the recall is approved by a majority of all members
 1479  by a vote at a meeting, the recall is effective as provided in
 1480  this paragraph. The board shall duly notice and hold a board
 1481  meeting within 5 full business days after the adjournment of the
 1482  member meeting to recall one or more board members. At the
 1483  meeting, the board shall either certify the recall, in which
 1484  case such member or members shall be recalled effective
 1485  immediately and shall turn over to the board within 5 full
 1486  business days any and all records and property of the
 1487  association in their possession, or shall proceed under
 1488  subparagraph 3.
 1489         2. If the proposed recall is by an agreement in writing by
 1490  a majority of all members, the agreement in writing or a copy
 1491  thereof shall be served on the association by certified mail or
 1492  by personal service in the manner authorized by chapter 48 and
 1493  the Florida Rules of Civil Procedure. The board of directors
 1494  shall duly notice and hold a meeting of the board within 5 full
 1495  business days after receipt of the agreement in writing. At the
 1496  meeting, the board shall either certify the written agreement to
 1497  recall members of the board, in which case such members shall be
 1498  recalled effective immediately and shall turn over to the board,
 1499  within 5 full business days, any and all records and property of
 1500  the association in their possession, or shall proceed as
 1501  described in subparagraph 3.
 1502         3. If the board determines not to certify the written
 1503  agreement to recall members of the board, or does not certify
 1504  the recall by a vote at a meeting, the board shall, within 5
 1505  full business days after the board meeting, file with the
 1506  division a petition for binding arbitration pursuant to the
 1507  procedures of s. 723.1255. For purposes of this paragraph, the
 1508  members who voted at the meeting or who executed the agreement
 1509  in writing shall constitute one party under the petition for
 1510  arbitration. If the arbitrator certifies the recall of a member
 1511  of the board, the recall shall be effective upon mailing of the
 1512  final order of arbitration to the association. If the
 1513  association fails to comply with the order of the arbitrator,
 1514  the division may take action under s. 723.006. A member so
 1515  recalled shall deliver to the board any and all records and
 1516  property of the association in the member’s possession within 5
 1517  full business days after the effective date of the recall.
 1518         4. If the board fails to duly notice and hold a board
 1519  meeting within 5 full business days after service of an
 1520  agreement in writing or within 5 full business days after the
 1521  adjournment of the members’ recall meeting, the recall shall be
 1522  deemed effective and the board members so recalled shall
 1523  immediately turn over to the board all records and property of
 1524  the association.
 1525         5. If the board fails to duly notice and hold the required
 1526  meeting or fails to file the required petition, the member’s
 1527  representative may file a petition pursuant to s. 723.1255
 1528  challenging the board’s failure to act. The petition must be
 1529  filed within 60 days after expiration of the applicable 5-full
 1530  business-day period. The review of a petition under this
 1531  subparagraph is limited to the sufficiency of service on the
 1532  board and the facial validity of the written agreement or
 1533  ballots filed.
 1534         6. If a vacancy occurs on the board as a result of a recall
 1535  and less than a majority of the board members are removed, the
 1536  vacancy may be filled by the affirmative vote of a majority of
 1537  the remaining directors, notwithstanding any other provision of
 1538  this chapter. If vacancies occur on the board as a result of a
 1539  recall and a majority or more of the board members are removed,
 1540  the vacancies shall be filled in accordance with procedural
 1541  rules to be adopted by the division, which rules need not be
 1542  consistent with this chapter. The rules must provide procedures
 1543  governing the conduct of the recall election as well as the
 1544  operation of the association during the period after a recall
 1545  but before the recall election.
 1546         7. A board member who has been recalled may file a petition
 1547  pursuant to s. 723.1255 challenging the validity of the recall.
 1548  The petition must be filed within 60 days after the recall is
 1549  deemed certified. The association and the member’s
 1550  representative shall be named as the respondents.
 1551         8. The division may not accept for filing a recall
 1552  petition, whether or not filed pursuant to this subsection, and
 1553  regardless of whether the recall was certified, when there are
 1554  60 or fewer days until the scheduled reelection of the board
 1555  member sought to be recalled or when 60 or fewer days have not
 1556  elapsed since the election of the board member sought to be
 1557  recalled.
 1558         Section 30. Paragraphs (d) and (f) through (i) of
 1559  subsection (4) and subsection (5) of section 723.079, Florida
 1560  Statutes, are amended to read:
 1561         723.079 Powers and duties of homeowners’ association.—
 1562         (4) The association shall maintain the following items,
 1563  when applicable, which constitute the official records of the
 1564  association:
 1565         (d) The approved minutes of all meetings of the members of
 1566  an association and meetings open for members of, the board of
 1567  directors, and committees of the board, which minutes must be
 1568  retained within this the state for at least 5 7 years.
 1569         (f) All of the association’s insurance policies or copies
 1570  thereof, which must be retained within this state for at least 5
 1571  7 years after the expiration date of the policy.
 1572         (g) A copy of all contracts or agreements to which the
 1573  association is a party, including, without limitation, any
 1574  written agreements with the park owner, lease, or other
 1575  agreements or contracts under which the association or its
 1576  members has any obligation or responsibility, which must be
 1577  retained within this state for at least 5 7 years after the
 1578  expiration date of the contract or agreement.
 1579         (h) The financial and accounting records of the
 1580  association, kept according to good accounting practices. All
 1581  financial and accounting records must be maintained within this
 1582  state for a period of at least 5 7 years. The financial and
 1583  accounting records must include:
 1584         1. Accurate, itemized, and detailed records of all receipts
 1585  and expenditures.
 1586         2. A current account and a periodic statement of the
 1587  account for each member, designating the name and current
 1588  address of each member who is obligated to pay dues or
 1589  assessments, the due date and amount of each assessment or other
 1590  charge against the member, the date and amount of each payment
 1591  on the account, and the balance due.
 1592         3. All tax returns, financial statements, and financial
 1593  reports of the association.
 1594         4. Any other records that identify, measure, record, or
 1595  communicate financial information.
 1596         (i) All other written records of the association not
 1597  specifically included in the foregoing which are related to the
 1598  operation of the association must be retained within this state
 1599  for at least 5 years or at least 5 years after the expiration
 1600  date, as applicable.
 1601         (5) The official records shall be maintained within the
 1602  state for at least 7 years and shall be made available to a
 1603  member for inspection or photocopying within 20 10 business days
 1604  after receipt by the board or its designee of a written request
 1605  submitted by certified mail, return receipt requested. The
 1606  requirements of this subsection are satisfied by having a copy
 1607  of the official records available for inspection or copying in
 1608  the park or, at the option of the association, by making the
 1609  records available to a member electronically via the Internet or
 1610  by allowing the records to be viewed in electronic format on a
 1611  computer screen and printed upon request. If the association has
 1612  a photocopy machine available where the records are maintained,
 1613  it must provide a member with copies on request during the
 1614  inspection if the entire request is no more than 25 pages. An
 1615  association shall allow a member or his or her authorized
 1616  representative to use a portable device, including a smartphone,
 1617  tablet, portable scanner, or any other technology capable of
 1618  scanning or taking photographs, to make an electronic copy of
 1619  the official records in lieu of the association’s providing the
 1620  member or his or her authorized representative with a copy of
 1621  such records. The association may not charge a fee to a member
 1622  or his or her authorized representative for the use of a
 1623  portable device.
 1624         (a) The failure of an association to provide access to the
 1625  records within 20 10 business days after receipt of a written
 1626  request submitted by certified mail, return receipt requested,
 1627  creates a rebuttable presumption that the association willfully
 1628  failed to comply with this subsection.
 1629         (b) A member who is denied access to official records is
 1630  entitled to the actual damages or minimum damages for the
 1631  association’s willful failure to comply with this subsection in
 1632  the amount of. The minimum damages are to be $10 per calendar
 1633  day up to 10 days, not to exceed $100. The calculation for
 1634  damages begins to begin on the 21st 11th business day after
 1635  receipt of the written request, submitted by certified mail,
 1636  return receipt requested.
 1637         (c) A dispute between a member and an association regarding
 1638  inspecting or photocopying official records must be submitted to
 1639  mandatory binding arbitration with the division, and the
 1640  arbitration must be conducted pursuant to s. 723.1255 and
 1641  procedural rules adopted by the division.
 1642         (d) The association may adopt reasonable written rules
 1643  governing the frequency, time, location, notice, records to be
 1644  inspected, and manner of inspections, but may not require a
 1645  member to demonstrate a proper purpose for the inspection, state
 1646  a reason for the inspection, or limit a member’s right to
 1647  inspect records to less than 1 business day per month. The
 1648  association may impose fees to cover the costs of providing
 1649  copies of the official records, including the costs of copying
 1650  and for personnel to retrieve and copy the records if the time
 1651  spent retrieving and copying the records exceeds 30 minutes and
 1652  if the personnel costs do not exceed $20 per hour. Personnel
 1653  costs may not be charged for records requests that result in the
 1654  copying of 25 or fewer pages. The association may charge up to
 1655  25 cents per page for copies made on the association’s
 1656  photocopier. If the association does not have a photocopy
 1657  machine available where the records are kept, or if the records
 1658  requested to be copied exceed 25 pages in length, the
 1659  association may have copies made by an outside duplicating
 1660  service and may charge the actual cost of copying, as supported
 1661  by the vendor invoice. The association shall maintain an
 1662  adequate number of copies of the recorded governing documents,
 1663  to ensure their availability to members and prospective members.
 1664  Notwithstanding this paragraph, the following records are not
 1665  accessible to members or home owners:
 1666         1. A record protected by the lawyer-client privilege as
 1667  described in s. 90.502 and a record protected by the work
 1668  product privilege, including, but not limited to, a record
 1669  prepared by an association attorney or prepared at the
 1670  attorney’s express direction which reflects a mental impression,
 1671  conclusion, litigation strategy, or legal theory of the attorney
 1672  or the association and which was prepared exclusively for civil
 1673  or criminal litigation, for adversarial administrative
 1674  proceedings, or in anticipation of such litigation or
 1675  proceedings until the conclusion of the litigation or
 1676  proceedings.
 1677         2. E-mail addresses, telephone numbers, facsimile numbers,
 1678  emergency contact information, any addresses for a home owner
 1679  other than as provided for association notice requirements, and
 1680  other personal identifying information of any person, excluding
 1681  the person’s name, lot designation, mailing address, and
 1682  property address. Notwithstanding the restrictions in this
 1683  subparagraph, an association may print and distribute to home
 1684  owners a directory containing the name, park address, and
 1685  telephone number of each home owner. However, a home owner may
 1686  exclude his or her telephone number from the directory by so
 1687  requesting in writing to the association. The association is not
 1688  liable for the disclosure of information that is protected under
 1689  this subparagraph if the information is included in an official
 1690  record of the association and is voluntarily provided by a home
 1691  owner and not requested by the association.
 1692         3. An electronic security measure that is used by the
 1693  association to safeguard data, including passwords.
 1694         4. The software and operating system used by the
 1695  association which allows the manipulation of data, even if the
 1696  home owner owns a copy of the same software used by the
 1697  association. The data is part of the official records of the
 1698  association.
 1699         Section 31. Section 723.1255, Florida Statutes, is amended
 1700  to read:
 1701         723.1255 Alternative resolution of recall, election, and
 1702  inspection and photocopying of official records disputes.—
 1703         (1)A dispute between a mobile home owner and a homeowners’
 1704  association regarding the election and recall of officers or
 1705  directors under s. 723.078(2)(b) or regarding the inspection and
 1706  photocopying of official records under s. 723.079(5) must be
 1707  submitted to mandatory binding arbitration with the division.
 1708  The arbitration shall be conducted in accordance with this
 1709  section and the procedural rules adopted by the division.
 1710         (2)Each party shall be responsible for paying its own
 1711  attorney fees, expert and investigator fees, and associated
 1712  costs. The cost of the arbitrators shall be divided equally
 1713  between the parties regardless of the outcome.
 1714         (3)The division shall adopt procedural rules to govern
 1715  mandatory binding arbitration proceedings The Division of
 1716  Florida Condominiums, Timeshares, and Mobile Homes of the
 1717  Department of Business and Professional Regulation shall adopt
 1718  rules of procedure to govern binding recall arbitration
 1719  proceedings.
 1720         Section 32. For the purpose of incorporating the amendment
 1721  made by this act to section 420.5087, Florida Statutes, in a
 1722  reference thereto, paragraph (i) of subsection (22) of section
 1723  420.507, Florida Statutes, is reenacted to read:
 1724         420.507 Powers of the corporation.—The corporation shall
 1725  have all the powers necessary or convenient to carry out and
 1726  effectuate the purposes and provisions of this part, including
 1727  the following powers which are in addition to all other powers
 1728  granted by other provisions of this part:
 1729         (22) To develop and administer the State Apartment
 1730  Incentive Loan Program. In developing and administering that
 1731  program, the corporation may:
 1732         (i) Establish, by rule, the procedure for competitively
 1733  evaluating and selecting all applications for funding based on
 1734  the criteria set forth in s. 420.5087(6)(c), determining actual
 1735  loan amounts, making and servicing loans, and exercising the
 1736  powers authorized in this subsection.
 1737         Section 33. For the purpose of incorporating the amendment
 1738  made by this act to section 420.5095, Florida Statutes, in a
 1739  reference thereto, subsection (2) of section 193.018, Florida
 1740  Statutes, is reenacted to read:
 1741         193.018 Land owned by a community land trust used to
 1742  provide affordable housing; assessment; structural improvements,
 1743  condominium parcels, and cooperative parcels.—
 1744         (2) A community land trust may convey structural
 1745  improvements, condominium parcels, or cooperative parcels, that
 1746  are located on specific parcels of land that are identified by a
 1747  legal description contained in and subject to a ground lease
 1748  having a term of at least 99 years, for the purpose of providing
 1749  affordable housing to natural persons or families who meet the
 1750  extremely-low-income, very-low-income, low-income, or moderate
 1751  income limits specified in s. 420.0004, or the income limits for
 1752  workforce housing, as defined in s. 420.5095(3). A community
 1753  land trust shall retain a preemptive option to purchase any
 1754  structural improvements, condominium parcels, or cooperative
 1755  parcels on the land at a price determined by a formula specified
 1756  in the ground lease which is designed to ensure that the
 1757  structural improvements, condominium parcels, or cooperative
 1758  parcels remain affordable.
 1759         Section 34. This act shall take effect July 1, 2020.