HB 987 — Affordable Housing

hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 (3) The local government may require any additional requestedinformation. information to be submitted no later than 10 days from the date of the notice specified in subsection (1).

(3) The local government may require any additional requested information to be submitted no later than 10 days from the date of the notice specified in subsection (1).

(8) An applicant for a development permit, construction permit, or certificate of occupancy seeking to receive a permit by default under this section shall notify the local government, Page 56 of 1820 CODING:

hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 by default under this section shall notify the local government, in writing, of the intent to rely upon the default approval provision of this section but may not take any action based upon the default development permit, construction permit, or certificate of occupancy until the applicant receives notification or a receipt that the local government received the notice.

Section 4.5.

Subsection (46) of section 420.507, Florida Statutes, is amended to read:

420.507 Powers of the corporation.—The corporation shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including the following powers which are in addition to all other powers granted by other provisions of this part:

(46) To require, as a condition of financing a multifamily rental project, including allocating competitive low-income housing tax credits, that an agreement be recorded in the official records of the county where the real property is located, which requires that the project be used for housing defined as affordable in s.

420.0004(3) by persons defined in s.

420.0004(9), (11), (12), and (17).

The term of such an agreement shall not extend beyond the period of time required by s.

42(h)(6)(D)(ii)(II) of the Internal Revenue Code, unless the corporation affirms at the time of the initial credit underwriting that the project will remain economically feasible Page 7 of 20 CODING:

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hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 987 2018 beyond such period.

Such an agreement is a state land use regulation that limits the highest and best use of the property within the meaning of s.

193.011(2).

Section 6.

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Targeting objectives of the corporation which will ensure an equitable distribution of loans between rural and urban areas.

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hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 2.3.

Targeting objectives of the corporation which will ensure an equitable distribution of loans between rural and urban areas.

3.

Local government contributions and local government comprehensive planning and activities that promote affordable housing, policies that promote access to public transportation, reduce the need for on-site parking, and expedite permits for Page 79 of 1820 CODING:

hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 comprehensive planning and activities that promote affordable housing, policies that promote access to public transportation, reduce the need for on-site parking, and expedite permits for affordable housing projects as provided in s.

Section 5.7.

420.56 Disposal of surplus lands for use as affordable housing.— (1) It is intent of the Legislature to make all surplus lands designated as nonconservation available for affordable Pagehousing 8before ofmaking 18the CODING:parcels available for purchase by other governmental entities or the public.

(2) The Department of Environmental Protection acting on Page 10 of 20 CODING:

hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 housingthe beforebehalf makingof the parcelsBoard of Trustees of the Internal Improvement Trust Fund, the Department of Transportation, and each water management district shall notify the corporation when nonconservation land becomes available for purchasesurplus byas otherpart governmentalof entitiesthe orentity's regular review of lands under the public.provisions of ss.

(2) The Department of Environmental Protection acting on the behalf of the Board of Trustees of the Internal Improvement Trust Fund, the Department of Transportation, and each water management district shall notify the corporation when nonconservation land becomes available for surplus as part of the entity's regular review of lands under the provisions of ss.

access to public transportation within one half Pagemile; 9 of 18 CODING:

and access to community services such as public libraries, food kitchens, and employment centers.

(4) If the corporation determines that the nonconservation Page 11 of 20 CODING:

hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 mile;surplus land is suitable for affordable housing, the entity seeking to dispose of the parcel must first offer the land to the county and municipality where the land is located to be used for affordable housing before the entity offers the land to other governmental entities or the public.

and access to community services such as public libraries, food kitchens, and employment centers.

(4) If the corporation determines that the nonconservation surplus land is suitable for affordable housing, the entity seeking to dispose of the parcel must first offer the land to the county and municipality where the land is located to be used for affordable housing before the entity offers the land to other governmental entities or the public.

(b) The sale price of land parcels disposed of pursuant to Pagethis 10section shall be determined by the entity disposing of 18the CODING:parcel.

The Department of Transportation, the Board of Trustees of the Internal Improvement Trust Fund, and the water management Page 12 of 20 CODING:

hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 thisdistricts sectionmust shallconsider beat determinedleast byone appraisal of the entityproperty disposingor, if the estimated value of the parcel.land is $500,000 or less, a comparable sales analysis or a broker's opinion of value.

TheSection Department8. of Transportation, the Board of Trustees of the Internal Improvement Trust Fund, and the water management districts must consider at least one appraisal of the property or, if the estimated value of the land is $500,000 or less, a comparable sales analysis or a broker's opinion of value.

Section 6.

420.9076 or those recommended by the affordable housing advisory committee in its triennial evaluation of the implementation of affordable housing Pageincentives, 11and ofadopted 18by CODING:the local governing body.

Section 9.

Subsection (7) of section 253.0341, Florida Statutes, is amended to read:

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hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 incentives,253.0341 Surplus of state-owned lands.— (7)(a) The board of trustees must first offer nonconservation surplus lands to the county and adoptedmunicipality where the land is located for use as affordable housing as identified by the localFlorida governingHousing body.Finance Corporation pursuant to s.

Section 7.

Subsections (4) and (7) of section 253.0341, Florida Statutes, are amended to read:

253.0341 Surplus of state-owned lands.— (4) Beginning July 1, 2018, and continuing every 3 years thereafter, At least every 10 years, as a component of each land management plan or land use plan and in a form and manner adopted by rule of the board of trustees, each manager shall evaluate and indicate to the board of trustees those lands that are not being used for the purpose for which they were originally leased.

For conservation lands, the Acquisition and Restoration Council shall review and recommend to the board of trustees whether such lands should be retained in public ownership or disposed of by the board of trustees.

For nonconservation lands, the Division of State Lands shall review and recommend to the board of trustees whether such lands should be retained in public ownership or disposed of by the board of trustees.

(7)(a) The board of trustees must first offer nonconservation surplus lands to the county and municipality where the land is located for use as affordable housing as identified by the Florida Housing Finance Corporation pursuant to s.

All surplus buildings or land not needed for affordable housing Before a building or parcel of land is offered for lease or sale to a local or federal unit of Pagegovernment 12or ofa 18private CODING:party, it shall first be offered for lease to state agencies, state universities, and Florida College System institutions, with priority consideration given to state universities and Florida College System institutions.

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words underlined are additions.

hb0987-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 987 2018 government or a private party, it shall first be offered for lease to state agencies, state universities, and Florida College System institutions, with priority consideration given to state universities and Florida College System institutions.

Within 60 days after the offer for lease of a surplus building or parcel, a state agency that requests the lease of suchPage facility14 or parcel must submit a plan for review and approval by the board of trustees20 regardingCODING: the intended use.

The state agency plan must, at a minimum, include the proposed use of the facility or parcel, the estimated cost of renovation, a capital improvement plan for the building, evidence that the building or parcel meets an existing need that cannot otherwise be met, and other criteria developed by rule by the board of trustees.

The board or its designee shall compare the estimated Page 13 of 18 CODING:

hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 valuesuch offacility the building or parcel tomust anysubmit submitteda business plan tofor determinereview ifand theapproval leaseby or sale is in the bestboard interest of trustees regarding the state.intended use.

The state agency plan must, at a minimum, include the proposed use of the facility or parcel, the estimated cost of renovation, a capital improvement plan for the building, evidence that the building or parcel meets an existing need that cannot otherwise be met, and other criteria developed by rule by the board of trustees.

The board or its designee shall compare the estimated value of the building or parcel to any submitted business plan to determine if the lease or sale is in the best interest of the state.

Section 8.10.

The inventory of real property that was acquired by the state after December 31, 1988, that has been owned by the state for 10 or more years, and that is not within a transportation corridor or within the right-of-way of a transportation facility shall be evaluated to determine the necessityPage for15 retainingof the20 property.CODING:

If the property is not needed for the construction, operation, and maintenance of a transportation facility or is not located within a transportation corridor, the department may dispose of the property pursuant to subsection (4).

(12) Except in a conveyance transacted under paragraphs (4)(a),(c), and (e), the department must first offer parcels of nonconservation surplus land to the county and municipality Page 14 of 18 CODING:

hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 wherenecessity the land is located for useretaining as affordable housing as identified by the Floridaproperty. Housing Finance Corporation pursuant to s.

If the property is not needed for the construction, operation, and maintenance of a transportation facility or is not located within a transportation corridor, the department may dispose of the property pursuant to subsection (4).

(12) Except in a conveyance transacted under paragraphs (4)(a),(c), and (e), the department must first offer parcels of nonconservation surplus land to the county and municipality where the land is located for use as affordable housing as identified by the Florida Housing Finance Corporation pursuant to s.

Section 9.11.

however, in no case shall the selling pricePage be16 less than the appraised value of the20 lands,CODING: or interests or rights in lands, as determined by a certified appraisal obtained within 360 days before the effective date of a contract for sale.

(9) The governing board must first offer nonconservation surplus lands to the county and municipality where the land is located for use as affordable housing as identified by the Florida Housing Finance Corporation pursuant to s.

420.56.

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hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 Districtsprice mustbe onlyless offerthan nonconservationthe surplusappraised landsvalue originallyof acquiredthe usinglands, stateor funds.interests or rights in lands, as determined by a certified appraisal obtained within 360 days before the effective date of a contract for sale.

(9) The governing board must first offer nonconservation surplus lands to the county and municipality where the land is located for use as affordable housing as identified by the Florida Housing Finance Corporation pursuant to s.

420.56.

Districts must only offer nonconservation surplus lands originally acquired using state funds.

Section 10.12.

420.9072 and 420.9073,Page the17 Floridaof Housing20 FinanceCODING: Corporation shall allocate resources to local governments according to a need-based formula that reflects housing damage estimates and population impacts resulting from hurricanes.

Eligible local governments must submit a strategy outlining proposed recovery actions, household income levels and number of residential units to be served, and funding requests.

Program funds shall be used to serve households with incomes up to 120 percent of area median income, Page 16 of 18 CODING:

hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 except420.9073, thatthe atFlorida leastHousing 30Finance percentCorporation ofshall programallocate fundsresources shouldto belocal reservedgovernments foraccording householdsto witha incomesneed-based upformula tothat 50reflects percenthousing ofdamage areaestimates median income and anpopulation additionalimpacts 30resulting percentfrom ofhurricanes. program funds should be reserved for households with incomes up to 80 percent of area median income.

Eligible local governments must submit a strategy outlining proposed recovery actions, household income levels and number of residential units to be served, and funding requests.

Program funds shall be used to serve households with incomes up to 120 percent of area median income, except that at least 30 percent of program funds should be reserved for households with incomes up to 50 percent of area median income and an additional 30 percent of program funds should be reserved for households with incomes up to 80 percent of area median income.

(3)Page The18 Rentalof Recovery20 LoanCODING: Program is created to provide funds to build additional rental housing due to impacts to the affordable housing stock and changes to the population resulting from hurricanes.

The program is intended to allow the state to leverage additional federal rental financing similar to the State Apartment Incentive Loan Program as described in s.

420.5087 and is subject to a specific appropriation in the General Appropriations Act.

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hb0987-02-c2hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/CS/CS/HB 987 2018 (4)(3) The FloridaRental HousingRecovery FinanceLoan CorporationProgram mayis adoptcreated emergencyto rulesprovide pursuantfunds to s.build additional rental housing due to impacts to the affordable housing stock and changes to the population resulting from hurricanes.

The program is intended to allow the state to leverage additional federal rental financing similar to the State Apartment Incentive Loan Program as described in s.

420.5087 and is subject to a specific appropriation in the General Appropriations Act.

(4) The Florida Housing Finance Corporation may adopt emergency rules pursuant to s.

Section 11.13.

420.58 Prohibition on awarding, distributing, or allocating funds.—The Florida Housing Finance Corporation is prohibited from awarding, distributing, or allocating funds to anyPage applicant,19 principal of an20 applicant,CODING: or an affiliate of an applicant that has been convicted of, entered into a consent decree, or otherwise settled charges relating to material misrepresentation or fraudulent action, in connection with an application for any program administered by the corporation.

SectionWords 12.stricken are deletions;

words underlined are additions.

hb0987-03-c3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/CS/HB 987 2018 any applicant, principal of an applicant, or an affiliate of an applicant that has been convicted of, entered into a consent decree, or otherwise settled charges relating to material misrepresentation or fraudulent action, in connection with an application for any program administered by the corporation.

Section 14.

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