SB 1328 — Affordable Housing

providing that the corporation is not required to make specified findings;

exempting the emergency rules from a specified provision;

requiring the emergency rules to remain in effect for a specified period after adoption;

authorizing the emergency rules to be renewed during the pendency of procedures to adopt rules addressing the subject of the emergency rules;

revising the definition of the term “local housing incentive strategies”;

amending ss.s.

253.0341,423.02, 337.25, and 373.089, F.S.;

revisingexempting thehousing proceduresprojects, underincluding whichcertain theproperty, board of trustees,housing theauthorities Departmentor oftheir Transportation,nonprofit instrumentalities from all taxes, user fees, and special assessments of the waterstate managementor districtsany mustcity, disposetown, ofcounty, nonconservationor surpluspolitical lands;subdivision of the state;

providing that, in lieu of such taxes, user fees, or special assessments, a housing authority or its nonprofit instrumentality may agree to make payments to any city, town, county, or political subdivision of the state for services, improvements, or facilities furnished by such city, town, county, or political subdivision for the benefit of a housing project owned by the housing authority or its nonprofit instrumentality;

creating s.

553.7923, F.S.;

providing a local permit approval process for affordable housing;

4678 Be It Enacted by the Legislature of the State of Florida:

4880 Section 1. Subsection (1) of section 125.379, Florida Statutes, is amended to read:

125.379 Disposition of county property for affordable housing.— (1) Beginning July 1, 2018 By July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title which that is appropriate for use as affordable housing.

The real property must be evaluated on criteria includingthat include environmental suitability for construction, site characteristics, current land use designation, current or anticipated zoning, whetherinclusion the property is included in at least one special district, existing infrastructure, proximity to employment opportunities, proximity to public transportation, and proximity to existing services.

As long as a parcel is in an area suitable for residential development, it may be found to be suitable for use as affordable housing, even if the parcel does not meet one or more of these other criteria.

Section 2. Paragraph2. Subsection (i)(6) ofis subsectionadded (5)to of section 163.3180,163.31801, Florida Statutes, is amended to read:

163.3180 Concurrency.— (5) (i)1. If a local government elects to repeal transportation concurrency, it is encouraged to adopt an alternative mobility funding system that uses one or more of the tools and techniques identified in paragraph (f).

Any alternative mobility funding system adopted may not be used to deny, time, or phase an application for site plan approval, plat approval, final subdivision approval, building permits, or the functional equivalent of such approvals provided that the developer agrees to pay for the development’s identified transportation impacts via the funding mechanism implemented by the local government.

The revenue from the funding mechanism used in the alternative system must be used to implement the needs of the local government’s plan which serves as the basis for the fee imposed.

A mobility fee-based funding system must comply with the dual rational nexus test applicable to impact fees.

An alternative system that is not mobility fee-based shall not be applied in a manner that imposes upon new development any responsibility for funding an existing transportation deficiency as defined in paragraph (h).

2. Beginning July 1, 2018, and ending June 20, 2023, a local government may not charge a mobility fee for the development or construction of housing that is affordable, as defined in s.

420.9071.

Section 3. Subsection (6) is added to section 163.31801, Florida Statutes, to read:

ordinances levying impact fees.— (6)(a) Beginning(6) In Julyaddition 1,to 2018,the anditems endingthat Junemust 20,be 2023,reported ain local government may not charge an impact fee for the developmentannual orfinancial constructionreports ofunder housing that is affordable, as defined in s.

420.9071.218.32, counties, municipalities, and special districts must report the following data on all impact fees charged:

(b) In(a) The additionspecific topurpose of the itemsimpact thatfee, mustincluding the specific infrastructure need to be reportedmet, insuch theas annualtransportation, financialparks, reportswater, requiredsewer, underand s.schools.

218.32,(b) The countiesimpact andfee municipalitiesschedule shallpolicy, reportdescribing the followingmethod dataof calculating impact fees, such as flat fee, tiered scale based on allnumber impactof feesbedrooms, charged:and tiered scale based on square footage.

1. The(c) The specificamount purposeassessed offor theeach impactpurpose fee,and includingtype theof specificdwelling. infrastructure need to be met, such as transportation, parks, water, sewer, and schools;

2. The(d) The impacttotal feeamount schedule policy, describing the method of calculating impact fees,fees suchcharged asby atype flat fee, a tiered scale based on number of bedrooms,dwelling. and a tiered scale based on square footage;

3. The(e) Each amountexception assessedand forwaiver eachprovided purposefor andaffordable typehousing ofdevelopments. dwelling;

4. TheSection total3. Subsection amount(1) of impactsection fees166.0451, chargedFlorida byStatutes, typeis ofamended dwelling;to read:

and166.0451 Disposition 5. Eachof exceptionmunicipal property for affordable housing.— (1) Beginning July 1, 2018 By July 1, 2007, and waiverevery provided3 years thereafter, each municipality shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for affordableuse housingas developments.affordable housing.

SectionSuch 4. Subsectionreal (1)property ofshall sectionbe 166.0451,evaluated Floridaon Statutes,criteria isthat amendedinclude the environmental suitability for construction, site characteristics, currently designated land use, current or anticipated zoning, inclusion in one or more special districts, existing infrastructure, proximity to read:employment opportunities, proximity to public transportation, and proximity to existing services.

166.0451 DispositionAs oflong municipalas propertya forparcel affordableis housing.—in (1) Beginningan Julyarea 1,suitable 2018for Byresidential Julydevelopment, 1,it 2007,may andbe everyfound 3to yearsbe thereafter,suitable eachfor municipalityuse shallas prepareaffordable anhousing, inventoryeven listif of all real property within its jurisdiction to which the municipalityparcel holdsdoes feenot simplemeet titleone whichor thatmore isof appropriatethese forother usecriteria. as affordable housing.

Such real property shall be evaluated on criteria that include the environmental suitability for construction, site characteristics, currently designated land use, current or anticipated zoning, whether the property is included in one or more special districts, existing infrastructure, proximity to employment opportunities, proximity to public transportation, and proximity to services.

Section 5. Section4. Subsection 420.0007,(7) of section 253.0341, Florida Statutes, is createdamended to read:

420.0007 Local253.0341 Surplus permitof approvalstate-owned processlands.— for(7)(a) The affordableboard housing.—of (1) Atrustees localmust governmentfirst hasoffer 15nonconservation dayssurplus fromlands to the datecounty itand receivesmunicipality anwhere applicationthe forland ais developmentlocated permit,for constructionuse permit,as or certificate of occupancy for affordable housing toas examineidentified theby application, notify the applicantFlorida ofHousing anyFinance apparentCorporation errorspursuant or omissions, and request any additional information the local government is authorized by law to require.s.

(2) If420.56. a local government does not timely request additional information, it may not deny a development permit, construction permit, or certificate of occupancy for affordable housing if the applicant fails to correct an error or omission or to supply additional information.

(3) TheAll 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 government mayor requirea anyprivate additionalparty, requestedit informationshall tofirst be submittedoffered nofor laterlease thanto 10state daysagencies, afterstate theuniversities, dateand thatFlorida itCollege givesSystem noticeinstitutions, with priority consideration given to thestate applicant,universities asand specifiedFlorida inCollege subsectionSystem (1).institutions.

(4) ForIf gooda causesurplus shown,building theor localland governmentis mustnot grantused for affordable housing or leased by a requeststate foragency, anstate extensionuniversity, or Florida College System institution, the board of timetrustees forshall submittingoffer the additionalbuilding information.or land for lease or sale to a local or federal unit of government or a private party.

(5) An(b) Within application60 isdays completeafter uponthe receiptoffer for lease of alla requestedsurplus informationbuilding or parcel, a state university or Florida College System institution that requests the lease must submit a plan for review and approval by the correctionBoard of anyTrustees errorof orthe omissionInternal ofImprovement whichTrust Fund regarding the applicantintended wasuse, timelyincluding notifiedfuture oruse, whenof the timebuilding foror notificationparcel hasof expired.land before approval of a lease.

(6) TheWithin local60 governmentdays mustafter approvethe oroffer denyfor anlease applicationof for a developmentsurplus permit,building construction permit, or certificateparcel, ofa occupancystate foragency affordablethat housingrequests withinthe 60lease daysof aftersuch receiptfacility ofor aparcel completedmust application,submit unless a shorterplan periodfor ofreview timeand forapproval localby governmentthe actionboard isof providedtrustees byregarding law.the intended use.

(7) IfThe thestate localagency governmentplan doesmust, notat approvea orminimum, denyinclude within the 60-dayproposed oruse shorterof timethe period,facility asor appropriate,parcel, anthe applicationestimated forcost aof developmentrenovation, permit,a constructioncapital permit,improvement orplan certificate of occupancy for affordable housing, the permitbuilding, isevidence consideredthat approved and the localbuilding governmentor mustparcel issuemeets thean developmentexisting permit,need constructionthat permit,cannot orotherwise certificatebe ofmet, occupancy,and whichother maycriteria includedeveloped suchby reasonablerule conditionsby asthe authorizedboard byof law.trustees.

(8) AnThe applicantboard for a development permit, construction permit, or certificateits ofdesignee occupancy seeking to receive a permit by default under this section shall notifycompare the localestimated government,value in writing, of its intent to rely upon the defaultbuilding approvalor underparcel thisto section but may not take any actionsubmitted basedbusiness uponplan theto defaultdetermine developmentif permit, construction permit, or certificate of occupancy until the applicantlease receives notification or asale receiptis acknowledgingin that the localbest governmentinterest receivedof the notice.state.

The applicantboard mustof retaintrustees shall adopt rules pursuant to chapter 120 for the notificationimplementation orof receipt.this section.

Section 6. Paragraph5. Subsection (c)(3) ofis amended, and subsection (6)(12) ofis added to section 420.5087,337.25, Florida Statutes, is amended to read:

337.25 Acquisition, lease, and disposal of real and personal property.— (3) Beginning July 1, 2018, the department shall evaluate all of its land not within a transportation corridor or within the right-of-way of a transportation facility at least every 10 years, on a rotating basis, to determine whether the property should be retained.

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 necessity for retaining the property.

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.

420.56.

Section 6. Subsection (1) is amended, and subsection (9) is added to section 373.089, Florida Statutes, to read:

373.089 Sale or exchange of lands, or interests or rights in lands.—The governing board of the district may sell lands, or interests or rights in lands, to which the district has acquired title or to which it may hereafter acquire title in the following manner:

(1) Beginning on July 1, 2018, the district shall review all lands and interests or rights in lands every 10 years, on a rotating basis, to determine whether the lands are still needed for the purpose for which they were acquired.

Any lands, or interests or rights in lands, determined by the governing board to be surplus may be sold by the district, at any time, for the highest price obtainable;

however, in no case shall the selling price be less than the appraised value of the lands, 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.

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

238 If the Board of Trustees of the Internal Improvement Trust Fund declines to accept title to the lands offered under this section, the land may be disposed of by the district under the provisions of this section.

Section 7. Subsections (35) and (46) of section 420.507, Florida Statutes, are 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:

(35) Upon a determination of good cause and after service of an administrative complaint and adequate notice, to take one or more of the following actions against any applicant or affiliate of an applicant:

(a) Preclude such applicant or affiliate from applying for funding from any corporation program for a specified period;

(b) Revoke any funding previously awarded by the corporation for any development for which construction or rehabilitation has not commenced;

and (c) Suspend any funding, credit underwriting procedures, or application review for any development for which construction or rehabilitation has not commenced, from the time an administrative complaint is filed until a final order is issued in regard to that complaint.

For purposes of this subsection, the term “good cause” means that the applicant or affiliate of an applicant:

1. Has made a material misrepresentation or engaged in fraudulent actions in connection with any application for a corporation program;

2. Has been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the financing, construction, or management of affordable housing or the fraudulent procurement of state or federal funds.

The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of this state shall be admissible as prima facie evidence of such guilt;

3. Has been excluded from federal or state procurement programs for any reason;

or 4. Has offered or given consideration with respect to a local contribution in violation of corporation rules To preclude from further participation in any of the corporation’s programs, any applicant or affiliate of an applicant which has made a material misrepresentation or engaged in fraudulent actions in connection with any application for a corporation program.

(46) To require, as a condition of financing a multifamily rental project, which may include 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 agreement may not extend beyond the period of time required by 26 U.S.C.

42(h)(6)(D)(ii)(II), unless the corporation affirms at the time of the initial credit underwriting that the project will remain economically feasible 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 8. Paragraph (c) of subsection (6) of section 420.5087, Florida Statutes, is amended to read:

8. Local government contributions and local government comprehensive planning and activities that promote affordable housing,housing and policies that promote access to public transportation, reduce the need for onsite parking,parking where appropriate, and expedite permits for affordable housing projects as provided in s.

420.0007.553.7923.

Section 7. Section 420.54, Florida Statutes, is created to read:

420.54 Hurricane recovery programs.— (1) The Hurricane Housing Recovery Program is created to provide funding to local governments for recovery efforts related to the impact of Hurricanes Irma and Maria during the 2017 Atlantic hurricane season on the affordable housing inventory.

The corporation shall administer the program, allocating resources to local governments according to a need based formula that reflects affordable housing damage estimates.

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

Program funds must be used as follows:

(a) To serve households with incomes of up to 120 percent of area median income;

however, at least 30 percent of program funds must be reserved for households with incomes of up to 50 percent of area median income, and an additional 30 percent of program funds must be reserved for households with incomes of up to 80 percent of area median income.

(b) At least 65 percent of funds allocated must be used for homeownership and distributed as provided in paragraph (a).

(c) Up to 15 percent of the allocation may be used for administrative expenses to ensure expeditious use of funds.

(2) The Recovery Rental Loan Program is created to provide funds to build additional rental housing in light of the impact of Hurricanes Irma and Maria during the 2017 Atlantic hurricane season on the rental housing inventory.

The program is intended to allow the state to leverage federal funds as it does in the State Apartment Incentive Loan Program described in s.

420.5087.

(3) By September 15, 2019, and each year thereafter, each participating local entity shall submit a report of its housing recovery program and accomplishments through June 30 of that year, as specified by the corporation.

(4) The corporation may adopt emergency rules pursuant to s.

120.54 to implement this section.

The Legislature finds that emergency rules adopted pursuant to this section meet the immediate danger to the public health, safety, and welfare standard established in s.

120.54(4).

The Legislature finds that such emergency rulemaking is necessary to preserve the rights and welfare of the people and to provide additional funds to assist those areas of the state which sustained impacts to available affordable housing inventory due to Hurricanes Irma and Maria.

Therefore, in adopting such emergency rules, the corporation need not establish that the standard established in s.

120.54(4)(a) has been met.

Emergency rules adopted under this section are exempt from s.

120.54(4)(c).

Section 8. For the 2018-2019 fiscal year, 20 percent of the most recent revenue estimate from the Revenue Estimating Conference for the 2018-2019 fiscal year for both the Local Government Housing Trust Fund and the State Housing Trust Fund is appropriated to the Florida Housing Finance Corporation for the purpose of affordable housing hurricane recovery efforts.

Funds from the Local Government Housing Trust Fund must be used for the Hurricane Housing Recovery Program created in s.

420.54, Florida Statutes, and must be allocated based on the review of Federal Emergency Management Agency damage assessment data by the Florida Housing Finance Corporation.

Funds from the State Housing Trust Fund must be used for the Recovery Rental Loan Program created in s.

420.54, Florida Statutes, to assist with building and rehabilitating affordable rental housing to help communities respond to hurricane recovery needs.

The Florida Housing Finance Corporation shall use $100,000 from the funds appropriated from the State Housing Trust Fund to provide technical and training assistance.

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

(2) The Department of Environmental Protection,Protection acting on the behalf of the Board of Trustees of the Internal Improvement Trust Fund;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 s.

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 s.

Water management districts must identify only identify nonconservation surplus lands originally acquired using state funds.

(3) In consultation with the Department of Environmental Protection, the Department of Transportation, and the water management districts, the corporation must evaluateissue an advisory opinion as to whether these surplus lands aremay be suitable for the construction of affordable housinghousing. based on the property’s environmental suitability for such construction;

The corporation shall first determine whether the parcel is within a special district set up to revitalize a community.

Only parcels determined to be outside these areas will be further evaluated for suitability.

The corporation’s evaluation shall consider at least the following criteria:

the property’s environmental suitability for construction;

inclusionexisting inand oneanticipated orinfrastructure moreon specialthe districtsland, intendedsuch toas revitalizeroads, thewater, community;sewer, and electricity;

existingaccess infrastructureto ongrocery thestores; land such as roads, water, sewer, and electricity;

access to groceryemployment storesopportunities; within walking distance or by public transportation;

access to employment opportunities within walking distance or by public transportation;

and access to community services, such as public transportationlibraries, withinhealth one-halfcare, mile;and employment centers.

andAs accesslong as a parcel is in an area suitable for residential development, it may be found by the corporation to communitybe servicessuitable suchfor use as publicaffordable libraries,housing, foodeven kitchens,if andthe employmentparcel centers.does not meet one or more of these or other criteria.

(4) If the corporation determinesissues an advisory opinion finding that the nonconservation surplus land ismay be suitable for the construction of affordable housing, the entity seeking to dispose of the parcel must first offer the land to the county and any municipality inwhere which the land is locatedlocated, to be used for the construction of affordable housinghousing, before the entity offers the land to other governmental entities or the public.

If the county and any municipality where the parcel is located do not wish to use the parcel for affordable housing, the entity may dispose of the parcel as otherwise provided by law or thisherein. section.

(5) The Board of Trustees of the Internal Improvement Trust Fund, the Department of Transportation, and the water management districts may sell the parcels identified by the corporation as suitable for affordable housing for less than the appraised value to any party so long as the agency places an encumbrance on the parcels to ensure that the purchaser uses the land for the construction and maintenance of affordable housing for a period of atnot leastless than 99 years.

(6)(a) The Board of Trustees of the Internal Improvement Trust Fund, the Department of Transportation, and the water management districts are exempt from the disposal procedures providedof in ss.

253.0341(8) and (9), 337.25(4) and (7), and 373.089(1), (2), (3), and (8) when disposing of nonconservation surplus lands under this section.

(b) The sale price of land parcels disposed of pursuant to this section shall be determined by the entity disposing of the parcel.parcels.

The Department 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.value;

Sectionhowever, 10. Subsectionif (16)a property owned by the Department of sectionTransportation 420.9071,was Floridaacquired Statutes,with federal participation and the estimated value of the property is amendedmore tothan read:$25,000, an appraisal of the property must be considered.

Section 10. Section 420.57, Florida Statutes, is created to read:

420.57 Hurricane recovery programs.— (1) The Hurricane Housing Recovery Program is created to provide funds to local governments for affordable housing recovery efforts, similar to the State Housing Initiatives Partnership Program as set forth in ss.

420.907-420.9079.

Subject to a specific appropriation as authorized by the General Appropriations Act, the Florida Housing Finance Corporation shall administer the program.

Notwithstanding ss.

420.9072 and 420.9073, the Florida Housing Finance 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, 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.

Program funds shall be used as follows:

(a) At least 65 percent of funds shall be used for homeownership.

(b) Up to 15 percent of the funds may be used for administrative expenses to ensure expeditious use of funds.

(c) Up to one-quarter of 1 percent may be used by the Florida Housing Finance Corporation for compliance monitoring.

(2) Each participating local government shall submit to the Florida Housing Finance Corporation an annual report of its use of funds from the Hurricane Housing Recovery Program.

The corporation shall compile the reports and submit them to the President of the Senate and the Speaker of the House of Representatives.

(3) The Rental Recovery Loan 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.

(4) The Florida Housing Finance Corporation may adopt rules to administer this section.

Section 11. The Florida Housing Finance Corporation may adopt emergency rules pursuant to s.

120.54, Florida Statutes, to implement s.

420.57, Florida Statutes.

The Legislature finds that emergency rules adopted to implement this section meet the health, safety, and welfare requirements of s.

120.54(4), Florida Statutes.

The Legislature also finds that such emergency rulemaking is necessary to preserve the rights and welfare of the people and to provide additional funds to assist those areas of the state that sustained impacts to available affordable housing stock due to recent hurricanes.

Therefore, in adopting such emergency rules, the corporation is not required to make the findings required by s.

120.54(4)(a), Florida Statutes.

Emergency rules adopted under this section are exempt from s.

120.54(4)(c), Florida Statutes.

The emergency rules shall remain in effect for 6 months after adoption and may be renewed during the pendency of procedures to adopt rules addressing the subject of the emergency rules.

Section 12. Subsection (16) of section 420.9071, Florida Statutes, is amended to read:

(16) “Local housing incentive strategies” means local regulatory reform or incentive programs to encourage or facilitate affordable housing production, which includeinclude, at a minimum, expediting development permits for affordable housing projects as provideddefined in s.

420.0007163.3164(16), assuranceconstruction thatpermits, permitsand certificates of occupancy for affordable housing projects are expedited to a greater degree than other projects, as provided in s.

553.7923 assurance that permits for affordable housing projects are expedited to a greater degree than other projects, as provided in s.

Section 11. Subsections13. Section (4)423.02, and (7) of section 253.0341, Florida Statutes, areis amended to read:

253.0341 Surplus423.02 Housing ofprojects state-ownedexempted lands.—from (4) Beginningtaxes, Julyuser 1,fees, 2018, and continuingassessments; 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.

Forpayments conservationin lands,lieu thethereof.—The Acquisitionhousing andprojects, Restorationincluding Councilall shallproperty reviewof andhousing recommendauthorities toused thefor boardor ofin trusteesconnection whethertherewith suchor landsappurtenant shouldthereto, beof retainedhousing inauthorities, public ownership or disposedtheir ofnonprofit byinstrumentalities theas boardauthorized ofby trustees.s.

For421.08(8), nonconservationshall lands,be exempt from all taxes, user fees, and special assessments of the Divisionstate or any city, town, county, or political subdivision of Statethe Landsstate, shallprovided, reviewhowever, andthat recommendin lieu of such taxes, user fees, or special assessments, a housing authority or its nonprofit instrumentality may agree to themake boardpayments to any city, town, county, or political subdivision of trusteesthe whetherstate suchfor landsservices, shouldimprovements, beor retainedfacilities infurnished publicby ownershipsuch city, town, county, or disposedpolitical subdivision for the benefit of a housing project owned by the boardhousing authority or its nonprofit instrumentality, but in no event shall such payments exceed the estimated cost to such city, town, county, or political subdivision of trustees.the services, improvements, or facilities to be so furnished.

(7)(a) TheSection board14. Section of553.7923, trusteesFlorida mustStatutes, first offer nonconservation surplus lands to the county and any municipality in which the land is locatedcreated for use for the construction of affordable housing as identified by the Florida Housing Finance Corporation pursuant to s.read:

420.56.553.7923 Local permit approval process for affordable housing.— (1) A local government has 15 days after the date it receives an application for a development permit, construction permit, or certificate of occupancy for affordable housing to examine the application and notify the applicant of any apparent errors or omissions and request any additional information the local government is permitted by law to require.

All(2) If surplusa buildingslocal orgovernment landdoes not neededrequest foradditional affordableinformation housingwithin Beforethe arequired buildingtime, orthe parcellocal ofgovernment landmay isnot offereddeny fora leasedevelopment orpermit, saleconstruction topermit, a local or federalcertificate unit of governmentoccupancy orfor aaffordable privatehousing party,if itthe shallapplicant firsthas befailed offered for lease to statecorrect agencies,an stateerror universities,or andomission Floridaor College System institutions, with priority consideration given to statesupply universitiesadditional andinformation. Florida College System institutions.

If(3) The thelocal surplusgovernment buildingmay orrequire landany isadditional notrequested usedinformation forto thebe constructionsubmitted ofno affordablelater housingthan or10 leaseddays byafter a state agency, state university, or Florida College System institution, the boarddate of trustees shall offer the buildingnotice orspecified parcelin forsubsection lease(1). or sale to a local or federal unit of government or a private party.

(b) Within(4) For 60good dayscause aftershown, the offerlocal forgovernment leaseshall ofgrant a surplusrequest building or parcel, a state university or Florida College System institution that requests the lease must submit a plan for reviewan andextension approval by the Board of Trusteestime offor thesubmitting Internal Improvement Trust Fund regarding the intendedadditional use,information. including future use, of the building or parcel of land before approval of a lease.

Within(5) An 60application daysis aftercomplete theupon offerreceipt for lease of aall surplusrequested buildinginformation orand parcel, a state agency that requests the leasecorrection of suchany facilityerror or parcelomission mustfor submitwhich athe planapplicant forwas reviewtimely andnotified approvalor bywhen the boardtime offor trusteesnotification regardinghas theexpired. intended use.

The(6) The statelocal agencygovernment planmust must,approve ator adeny minimum,an includeapplication thefor proposeda usedevelopment ofpermit, theconstruction facilitypermit, or parcel,certificate the estimated cost of renovation,occupancy a capital improvement plan for theaffordable building,housing evidencewithin that60 thedays buildingafter orreceipt parcelof meetsa ancompleted existingapplication needunless thata cannotshorter otherwiseperiod beof met,time andfor otherlocal criteriagovernment developedaction byis ruleprovided by thelaw. board of trustees.

The(7) If boardthe local government does not approve or itsdeny designeean shallapplication comparefor thea estimateddevelopment valuepermit, construction permit, or certificate of occupancy for affordable housing within the building60 day or parcelshorter toperiod, anythe submittedpermit businessis planconsidered toapproved determineand ifthe local government must issue the leasedevelopment permit, construction permit, or salecertificate isof inoccupancy theand bestmay interestinclude ofsuch thereasonable state.conditions as authorized by law.

The(8) An boardapplicant offor trusteesa shalldevelopment adoptpermit, rulesconstruction pursuantpermit, or certificate of occupancy seeking to chapterreceive 120a forpermit by default under this section must notify the implementationlocal government in writing of the intent to rely upon the default approval provision of this section.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.

SectionThe 12. Subsectionapplicant (3)must isretain amendedthe andnotification subsectionor (12)receipt. is added to section 337.25, Florida Statutes, to read:

337.25 Acquisition,Section lease,15. This andact disposalshall oftake realeffect and personal property.— (3) Beginning July 1, 2018,2018. the department shall evaluate all of its land not within a transportation corridor or within the right-of-way of a transportation facility at least every 10 years on a rotating basis to determine whether the property should be retained.

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 necessity for retaining the property.

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 nonconservation surplus lands to the county and any municipality in which the lands are located for use as affordable housing as identified by the Florida Housing Finance Corporation pursuant to s.

420.56.

Section 13. Subsection (1) is amended and subsection (9) is added to section 373.089, Florida Statutes, to read:

373.089 Sale or exchange of lands, or interests or rights in lands.—The governing board of the district may sell lands, or interests or rights in lands, to which the district has acquired title or to which it may hereafter acquire title in the following manner:

(1) Beginning on July 1, 2018, the district shall review all lands and interests or rights in lands every 10 years on a rotating basis to determine whether the lands are still needed for the purpose for which they were acquired.

Any lands, or interests or rights in lands, determined by the governing board to be surplus may be sold by the district, at any time, for the highest price obtainable;

however, in no case shall the selling price be less than the appraised value of the lands, 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 any municipality in which the land is located for use for the construction of 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.

506 If the Board of Trustees of the Internal Improvement Trust Fund declines to accept title to the lands offered under this section, the land may be disposed of by the district under the provisions of this section.

Section 14. This act shall take effect July 1, 2018.