HB 1339 — Community Affairs

166.04151 Affordable housing.— (4) Notwithstanding any other law, local ordinance, or regulation to the contrary, the governing body of a municipality Page 9 of 6566 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 (4) Notwithstanding any other law, local ordinance, or regulation to the contrary, the governing body of a municipality may approve the development of housing that is affordable, as defined in s.

Paragraph (n) is added to subsection (1) of section 212.05, Florida Statutes, to read:

212.05 Sales, storage, use tax.—It is hereby declared to be the legislative intent that every person is exercising a taxable privilege who engages in the business of selling tangible personal property at retail in this state, including the business of making mail order sales, or who rents or furnishes any of the things or services taxable under this chapter, or who stores for use or consumption in this state any item or article of tangible personal property as defined herein and who leases or rents such property within the state.

(1) For the exercise of such privilege, a tax is levied on each taxable transaction or incident, which tax is due and payable as follows:

(n) At the rate of 3 percent of the sales price on the sale of a new mobile home.

For purposes of this paragraph, the term "new mobile home" has the same meaning as provided in s.

319.001.

Section 6.

320.77Page License10 required of mobile66 homeCODING: dealers.— (3) APPLICATION.—The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it.

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hb1339-01-c1 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/HB 1339 2020 320.77 License required of mobile home dealers.— (3) APPLICATION.—The application for such license shall be in the form prescribed by the department and subject to such rules as may be prescribed by it.

This paragraph does subsection shall not preclude a licensed Pagemobile 10home ofdealer 65from CODING:displaying and offering for sale mobile homes in a mobile home park.

The department shall, if it deems necessary, cause an investigation to be made to ascertain if the facts set forth in Page 11 of 66 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 mobilethe homeapplication dealerare fromtrue displaying and offeringshall fornot saleissue mobilea homeslicense to the applicant until it is satisfied that the facts set forth in athe mobileapplication homeare park.true.

TheSection department7. shall, if it deems necessary, cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true.

Section 6.

PageThe 11department ofshall, 65if CODING:it deems necessary, cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true.

Page 12 of 66 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 TheSection department8. shall, if it deems necessary, cause an investigation to be made to ascertain if the facts set forth in the application are true and shall not issue a license to the applicant until it is satisfied that the facts set forth in the application are true.

Section 7.

Section 8.9.

Such code must provisions shall include, but not be limited to, standards for structural adequacy, plumbing, heating, electrical systems, and fire and Pagelife 12safety. of 65 CODING:

All repairs and remodeling of mobile and manufactured homes must be performed in accordance with department rules.

Section 10.

Subsection (9) of section 367.022, Florida Statutes, is amended, and subsection (14) is added to that Page 13 of 66 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 lifesection, safety.to read:

All repairs and remodeling of mobile and manufactured homes must be performed in accordance with department rules.

Section 9.

Subsection (9) of section 367.022, Florida Statutes, is amended, and subsection (14) is added to that section, to read:

Section 10.11.

420.5087 State Apartment Incentive Loan Program.—There is hereby created the State Apartment Incentive Loan Program for the purpose of providing first, second, or other subordinated Pagemortgage 13loans ofor 65loan CODING:guarantees to sponsors, including for- profit, nonprofit, and public entities, to provide housing affordable to very-low-income persons.

(6) On all state apartment incentive loans, except loans made to housing communities for the elderly to provide for Page 14 of 66 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 mortgagelifesafety, loansbuilding orpreservation, loanhealth, guaranteessanitation, toor sponsors,security-related includingrepairs for-or profit,improvements, nonprofit,the andfollowing publicprovisions entities,shall toapply: provide housing affordable to very-low-income persons.

(6)(c) OnThe allcorporation stateshall apartmentprovide incentiveby loans,rule exceptfor loansthe madeestablishment toof housinga communitiesreview committee for the elderlycompetitive toevaluation provideand forselection lifesafety,of buildingapplications preservation,submitted health,in sanitation,this orprogram, security-relatedincluding, repairsbut ornot improvements,limited to, the following provisionscriteria: shall apply:

(c) The corporation shall provide by rule for the establishment of a review committee for the competitive evaluation and selection of applications submitted in this program.

The review committee must use evaluation criteria that include, including, but are not limited to, the following criteria:

Twenty percent of the units in the project for persons Pageor 14families who have incomes that do not exceed 50 percent of 65the CODING:state or local median income, whichever is higher;

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hb1339-02-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 1339 2020 or families who have incomes that do not exceed 50 percent of the state or local median income, whichever is higher;

5.Page 15 of 66 CODING:

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hb1339-01-c1 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/HB 1339 2020 5.

This criterion may not require a sponsor to have prior experience with the corporation Page 15 of 65 CODING:

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hb1339-02-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 1339 2020 to qualify for financing under the program.

Projects that include green building principles, storm-resistant construction, or other elements that reduce long-term costs relating to maintenance, utilities, or insurance.Page 16 of 66 CODING:

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hb1339-01-c1 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/HB 1339 2020 insurance.

Section 11.12.

(2) The Community Workforce Housing Loan Innovation Pilot Program is created to provide affordable rental and home Pageownership 16community workforce housing for persons essential services personnel affected by the high cost of 65housing, CODING:using regulatory incentives and state and local funds to promote local public-private partnerships and leverage government and private resources.

(3) For purposes of this section, the term:

(a) "workforce housing" means housing affordable to natural persons or families whose total annual household income does not exceed 80 140 percent of the area median income, Page 17 of 66 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 ownershipadjusted community workforce housing for personshousehold essentialsize, servicesor personnel120 affected150 bypercent the high cost of housing,area usingmedian regulatoryincome, incentivesadjusted andfor statehousehold andsize, localin fundsareas toof promotecritical localstate public-privateconcern partnershipsdesignated andunder leverages. government and private resources.

(3) For purposes of this section, the term:

(a) "workforce housing" means housing affordable to natural persons or families whose total annual household income does not exceed 80 140 percent of the area median income, adjusted for household size, or 120 150 percent of area median income, adjusted for household size, in areas of critical state concern designated under s.

(4) The Florida Housing Finance Corporation may is Pageauthorized 17to provide loans under the Community Workforce Housing Innovation Pilot program loans to applicants an applicant for construction or rehabilitation of 65workforce CODING:housing in eligible areas.

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hb1339-02-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 1339 2020 authorized to provide loans under the Community Workforce Housing Innovation Pilot program loans to applicants an applicant for construction or rehabilitation of workforce housing in eligible areas.

The corporation shall also establish an application review committeePage that18 may include up to three private citizens representing the areas of housing66 orCODING: real estate development, banking, community planning, or other areas related to the development or financing of workforce and affordable housing.

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hb1339-01-c1 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/HB 1339 2020 committee that may include up to three private citizens representing the areas of housing or real estate development, banking, community planning, or other areas related to the development or financing of workforce and affordable housing.

Page(d) 18The board of 65directors CODING:shall approve or reject loan applications, determine the tentative loan amount available to each applicant, and rank all approved applications.

(e) The board of directors shall decide which approved applicants will become program participants and determine the maximum loan amount for each program participant.

(6) The corporation shall provide incentives for local governments in eligible areas to use local affordable housing funds, such as those from the State Housing Initiatives Page 19 of 66 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 (d)Partnership TheProgram, boardto ofassist directorsin shallmeeting approve or reject loan applications, determine the tentativeaffordable loanhousing amountneeds availableof topersons eacheligible applicant,under andthis rankprogram. all approved applications.

(e) The board of directors shall decide which approved applicants will become program participants and determine the maximum loan amount for each program participant.

(6) The corporation shall provide incentives for local governments in eligible areas to use local affordable housing funds, such as those from the State Housing Initiatives Partnership Program, to assist in meeting the affordable housing needs of persons eligible under this program.

(7) Funding shall be targeted to innovative projects in areas where the disparity between the area median income and the Pagemedian 19sales price for a single-family home is greatest, and where population growth as a percentage rate of 65increase CODING:is greatest.

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hb1339-02-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 1339 2020 median sales price for a single-family home is greatest, and where population growth as a percentage rate of increase is greatest.

(a)Page The20 local jurisdiction has adopted, or is committed to adopting, appropriate regulatory incentives, or the local jurisdiction or public-private partnership has adopted or is committed to adopting local contributions or financial strategies, or other funding sources to promote the development and ongoing financial viability of such66 projects.CODING:

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hb1339-01-c1 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/HB 1339 2020 (a) The local jurisdiction has adopted, or is committed to adopting, appropriate regulatory incentives, or the local jurisdiction or public-private partnership has adopted or is committed to adopting local contributions or financial strategies, or other funding sources to promote the development and ongoing financial viability of such projects.

commercial and housing Pagemixed-use 20elements; of 65 CODING:

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hb1339-02-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 1339 2020 mixed-use elements;

(b)(c) The projects that set aside at least 50 at least 80 percent of the units for workforce housing and at least 50 percent for essential services personnel and for projects that requirePage the21 least amount of program66 fundingCODING: compared to the overall housing costs for the project.

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hb1339-01-c1 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/HB 1339 2020 require the least amount of program funding compared to the overall housing costs for the project.

Such amendments shall require only a single public hearing before the governing board, which Pageshall 21be ofan 65adoption CODING:hearing as described in s.

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hb1339-02-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 1339 2020 shall be an adoption hearing as described in s.

(7)(11) The corporation shall award loans with a 1 interest rates set at 1 to 3 percent interest rate for a term that does not exceed 15 years, which may be made forgivable when long-termPage affordability22 is provided and when at least 80 percent of the66 unitsCODING: are set aside for workforce housing and at least 50 percent of the units are set aside for essential services personnel.

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hb1339-01-c1 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/HB 1339 2020 long-term affordability is provided and when at least 80 percent of the units are set aside for workforce housing and at least 50 percent of the units are set aside for essential services personnel.

(b) For rental units, restrict rents for all workforce housing serving those with incomes at or below 120 percent of area median income at the appropriate income level using the restricted rents for the federal low-income housing tax credit Pageprogram 22and, for workforce housing units serving those with incomes above 120 percent of 65area CODING:median income, restrict rents to those established by the corporation, not to exceed 30 percent of the maximum household income adjusted to unit size.

(c) Demonstrate that the applicant is a public-private partnership in an agreement, contract, partnership agreement, memorandum of understanding, or other written instrument signed by all the project partners.

(d) Have grants, donations of land, or contributions from Page 23 of 66 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 programthe and,public-private forpartnership workforceor housingother unitssources servingcollectively thosetotaling withat incomesleast above10 120 percent of area median income, restrict rents to those established by the corporation,total notdevelopment tocost exceedor 30$2 percentmillion, ofwhichever theis maximumless. household income adjusted to unit size.

(c) Demonstrate that the applicant is a public-private partnership in an agreement, contract, partnership agreement, memorandum of understanding, or other written instrument signed by all the project partners.

(d) Have grants, donations of land, or contributions from the public-private partnership or other sources collectively totaling at least 10 percent of the total development cost or $2 million, whichever is less.

(f) Demonstrate that the applicant possesses title to or site control of land and evidences availability of required Pageinfrastructure. 23 of 65 CODING:

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hb1339-02-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 1339 2020 infrastructure.

(13) Projects may include manufactured housing constructed after June 1994 and installed in accordance with mobile home installationPage standards24 of the66 DepartmentCODING: of Highway Safety and Motor Vehicles.

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hb1339-01-c1 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/HB 1339 2020 installation standards of the Department of Highway Safety and Motor Vehicles.

Section 12.13.

420.531 Affordable Housing Catalyst Program.— (1) The corporation shall operate the Affordable Housing PageCatalyst 24Program for the purpose of 65securing CODING:the expertise necessary to provide specialized technical support to local governments and community-based organizations to implement the HOME Investment Partnership Program, State Apartment Incentive Loan Program, State Housing Initiatives Partnership Program, and other affordable housing programs.

To the maximum extent feasible, the entity to provide the necessary expertise must be recognized by the Internal Revenue Service as a nonprofit tax- exempt organization.

It must have as its primary mission the Page 25 of 66 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 Catalystprovision Programof foraffordable thehousing purposetraining ofand securingtechnical theassistance, expertisean necessaryability to provide specializedtraining and technical supportassistance tostatewide, local governments and community-baseda organizationsproven totrack implementrecord theof HOMEsuccessfully Investmentproviding Partnershiptraining Program,and Statetechnical Apartmentassistance Incentiveunder Loanthe Program,Affordable State Housing InitiativesCatalyst PartnershipProgram. Program, and other affordable housing programs.

To the maximum extent feasible, the entity to provide the necessary expertise must be recognized by the Internal Revenue Service as a nonprofit tax- exempt organization.

It must have as its primary mission the provision of affordable housing training and technical assistance, an ability to provide training and technical assistance statewide, and a proven track record of successfully providing training and technical assistance under the Affordable Housing Catalyst Program.

Page(2) 25In ofconsultation 65with CODING:the corporation, the entity providing statewide training and technical assistance shall convene and administer biannual regional workshops for the locally elected officials serving on affordable housing advisory committees as provided in s.

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hb1339-02-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 1339 2020 (2) In consultation with the corporation, the entity providing statewide training and technical assistance shall convene and administer biannual regional workshops for the locally elected officials serving on affordable housing advisory committees as provided in s.

Annually, thePage entity26 providing statewide training and technical assistance must compile calendar year reports summarizing the deliberations, actions, and recommendations of each66 region,CODING: as well as the attendance records of locally elected officials, and must submit such reports to the President of the Senate, the Speaker of the House of Representatives, and the corporation by March 31 of the following year.

Section 13.

Subsection (7) of section 420.9073, Florida Statutes, is renumbered as subsection (8), and a new subsection (7) is added to that section to read:

420.9073 Local housing distributions.— (7) Notwithstanding subsections (1)-(4), the corporation may withhold up to 5 percent of the total amount distributed each fiscal year from the Local Government Housing Trust Fund to provide additional funding to counties and eligible municipalities for the construction of transitional housing for Page 26 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 personsthe agingentity outproviding statewide training and technical assistance must compile calendar year reports summarizing the deliberations, actions, and recommendations of fostereach care.region, as well as the attendance records of locally elected officials, and must submit such reports to the President of the Senate, the Speaker of the House of Representatives, and the corporation by March 31 of the following year.

Section 14.

Subsection (7) of section 420.9073, Florida Statutes, is renumbered as subsection (8), and a new subsection (7) is added to that section to read:

420.9073 Local housing distributions.— (7) Notwithstanding subsections (1)-(4), the corporation may withhold up to 5 percent of the total amount distributed each fiscal year from the Local Government Housing Trust Fund to provide additional funding to counties and eligible municipalities for the construction of transitional housing for persons aging out of foster care.

Section 14.15.

Paragraph (a) of subsection (4) of section 420.9075, Florida Statutes, is amended, and paragraph (j) is added to subsection (10) of thatsection section,420.9075, Florida Statutes, to read:

420.9075Page Local27 housingof assistance66 plans;CODING:

partnerships.— (4) Each local housing assistance plan is governed by the following criteria and administrative procedures:

(a) Each county, eligible municipality, or entity formed through interlocal agreement to participate in the State Housing Initiatives Partnership Program must develop a qualification system and selection criteria for applications for awards by eligible sponsors, adopt criteria for the selection of eligible persons, and adopt a maximum award schedule or system of amounts consistent with the intent and budget of its local housing assistance plan, with ss.

420.907-420.9079, and with corporation rule.

The selection criteria must provide priority to applicants who need less assistance so as to maximize the total number of applicants who may receive an award under the program.

(10) Each county or eligible municipality shall submit to Page 27 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 the420.9075 corporationLocal by September 15 of each year a report of its affordable housing programsassistance andplans; accomplishments through June 30 immediately preceding submittal of the report.

partnerships.— (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report.

Section 15.16.

Pursuant to the terms of any interlocal agreement, a countyPage and28 municipalityof may66 createCODING: and jointly appoint an advisory committee.

The local action adopted pursuant to s.

Page 28 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 420.9072county whichand createsmunicipality themay advisorycreate committee and appointsjointly theappoint an advisory committeecommittee. members must name at least 8 but not more than 11 committee members and specify their terms.

The local action adopted pursuant to s.

420.9072 which creates the advisory committee and appoints the advisory committee members must name at least 8 but not more than 11 committee members and specify their terms.

(h) A citizen who actively serves on the local planning agencyPage pursuant29 toof s.66 CODING:

163.3174.

If the local planning agency is comprised of the governing board of the county or municipality, Page 29 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 theagency governingpursuant boardto mays. appoint a designee who is knowledgeable in the local planning process.

163.3174.

If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process.

At a minimum, each advisory committee shall submit an annual a report to the local governing body and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program Page 30 of 6566 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 body and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas:

(h) The modification of street requirements for affordable housing.Page 31 of 66 CODING:

(i) The establishment of a process by which a local Page 31 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing.

(i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing.

Section 16.17.

Subsection (4) of section 723.011, Florida Statutes,Page is32 amendedof to66 read:CODING:

723.011 Disclosure prior to rental of a mobile home lot;

Page 32 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 prospectus,Statutes, filing,is approval.—amended (4) With regard to aread: tenancy in existence on the effective date of this chapter, the prospectus or offering circular offered by the mobile home park owner must shall contain the same terms and conditions as rental agreements offered to all other mobile home owners residing in the park on the effective date of this act, excepting only rent variations based upon lot location and size, and may shall not require any mobile home owner to install any permanent improvements, except that the mobile home owner may be required to install permanent improvements to the mobile home as disclosed in the prospectus.

Section723.011 17.Disclosure prior to rental of a mobile home lot;

prospectus, filing, approval.— (4) With regard to a tenancy in existence on the effective date of this chapter, the prospectus or offering circular offered by the mobile home park owner must shall contain the same terms and conditions as rental agreements offered to all other mobile home owners residing in the park on the effective date of this act, excepting only rent variations based upon lot location and size, and may shall not require any mobile home owner to install any permanent improvements, except that the mobile home owner may be required to install permanent improvements to the mobile home as disclosed in the prospectus.

Section 18.

(b) Each swimming pool, as to its general location, approximatePage size33 andof depths,66 andCODING: approximate deck size and capacity and whether heated.

Page 33 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 (c)approximate Allsize otherand facilitiesdepths, and permanentapproximate improvementsdeck thatsize whichand willcapacity serveand thewhether mobileheated. home owners.

(c) All other facilities and permanent improvements that which will serve the mobile home owners.

Section 18.19.

Section 723.023, Florida Statutes, is amended toPage read:34 of 66 CODING:

723.023 Mobile home owner's general obligations.—A mobile Page 34 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 hometo ownerread: shall at all times:

723.023 Mobile home owner's general obligations.—A mobile home owner shall at all times:

Section 19.20.

Subsection (5) of section 723.031, Florida Statutes,Page is35 amendedof to66 read:CODING:

723.031 Mobile home lot rental agreements.— Page 35 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 (5)Statutes, Theis rentalamended agreementto mustread: shall contain the lot rental amount and services included.

723.031 Mobile home lot rental agreements.— (5) The rental agreement must shall contain the lot rental amount and services included.

The provisions hereof notwithstanding, the mobile home park owner may pass on, at any time during the term of the lot rental agreement, ad valorem property taxes, non-ad valorem assessments, and utility charges, or increases of either, provided that the ad valorem property taxes, non-ad valorem assessments, and utility charges are not otherwise being collected in the remainder of the lot rental amount and provided further that the passing on of such ad valorem taxes, non-ad Page 36 of 6566 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 collected in the remainder of the lot rental amount and provided further that the passing on of such ad valorem taxes, non-ad valorem assessments, or utility charges, or increases of either, was disclosed prior to tenancy, was being passed on as a matter of custom between the mobile home park owner and the mobile home owner, or such passing on was authorized by law.

Nothing herein shall prohibit a park owner and a homeownerPage from37 mutually agreeing to an alternative manner of payment66 toCODING: the park owner of the charges.

Page 37 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 (d)homeowner Iffrom amutually noticeagreeing ofto increasean inalternative lotmanner rentalof amountpayment isto not given 90 days before the renewalpark dateowner of the rentalcharges. agreement, the rental agreement must remain under the same terms until a 90-day notice of increase in lot rental amount is given.

(d) If a notice of increase in lot rental amount is not given 90 days before the renewal date of the rental agreement, the rental agreement must remain under the same terms until a 90-day notice of increase in lot rental amount is given.

Section 20.21.

However, this requirement does not authorize the release of the names, addresses, or other private information aboutPage the38 homeownersof to66 theCODING: association or any other person for any other purpose.

The home owner's right to the 90-day notice Page 38 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 mayabout notthe behomeowners waivedto orthe precludedassociation by a home owner, or theany homeowners'other committee,person infor anany agreementother withpurpose. the park owner.

The home owner's right to the 90-day notice may not be waived or precluded by a home owner, or the homeowners' committee, in an agreement with the park owner.

(4)(a) A committee, not to exceed five in number, designated by a majority of the affected mobile home owners or by the board of directors of the homeowners' association, if applicable, and the park owner shall meet, at a mutually convenient time and place no later than 60 days before the effective date of the change to discuss the reasons for the increase in lot rental amount, reduction in services or Page 39 of 6566 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 effective date of the change to discuss the reasons for the increase in lot rental amount, reduction in services or utilities, or change in rules and regulations.

986988 This subsection is not intended to be enforced by civil or administrative action.

Section 21.22.

(6) This section does not limit the regulation of the uniformPage firesafety40 standardsof established66 underCODING: s.

633.206, but supersedes any other density, separation, setback, or lot size Page 40 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 regulationuniform adoptedfiresafety afterstandards initialestablished permittingunder ands. construction of the mobile home park.

Section633.206, 22.but supersedes any other density, separation, setback, or lot size regulation adopted after initial permitting and construction of the mobile home park.

Section 23.

Section 23.24.

However, nothing herein shall prohibit a mobile home park owner from offering the purchaser of a mobile home any approved prospectus shall be entitled to rely on the terms and conditions of the prospectus or offering circular as delivered toPage the41 initialof recipient.66 CODING:

(4) However, nothing herein shall be construed to prohibit Page 41 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 a mobile home park owner from increasing the rental amount to be paid by the purchaser upon the expiration of the assumed rental agreement in an amount deemed appropriate by the mobile home park owner, so long as such increase is disclosed to the purchaser prior to his or her occupancy and is imposed in a manner consistent with the purchaser's initial offeringrecipient. circular or prospectus and this act.

Section(4) 24.However, nothing herein shall be construed to prohibit a mobile home park owner from increasing the rental amount to be paid by the purchaser upon the expiration of the assumed rental agreement in an amount deemed appropriate by the mobile home park owner, so long as such increase is disclosed to the purchaser prior to his or her occupancy and is imposed in a manner consistent with the purchaser's initial offering circular or prospectus and this act.

Section 25.

a.Page 42 of 66 CODING:

The notice shall be delivered to the officers of the homeowners' association by United States mail.

Within 45 days Page 42 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 aftera. the date of mailing of the notice, the homeowners' association may execute and deliver a contract to the park owner to purchase the mobile home park at the price and under the terms and conditions set forth in the notice.

The notice shall be delivered to the officers of the homeowners' association by United States mail.

Within 45 days after the date of mailing of the notice, the homeowners' association may execute and deliver a contract to the park owner to purchase the mobile home park at the price and under the terms and conditions set forth in the notice.

The park owner gives the affected mobile home owners and tenants at least 6 months' notice of the eviction due to the projected change in use and of their need to secure other Page 43 of 6566 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 and tenants at least 6 months' notice of the eviction due to the projected change in use and of their need to secure other accommodations.

(5) A park owner who accepts payment of any portion of the lot rental amount with actual knowledge of noncompliance after notice and termination of the rental agreement due to a violation under paragraph (1)(b), paragraph (1)(c), or paragraph (1)(e) does not waive the right to terminate the rental agreement or the right to bring a civil action for the noncompliance, but not for any subsequent or continuing Page 44 of 6566 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 agreement or the right to bring a civil action for the noncompliance, but not for any subsequent or continuing noncompliance.

Section 25.26.

Section 26.27.

723.078 Bylaws of homeowners' associations.— (2)Page The45 bylawsof shall66 provideCODING: and, if they do not, shall be deemed to include, the following provisions:

Page 45 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 (b)(2) Quorum;The bylaws shall provide and, if they do not, shall be deemed to include, the following provisions:

(b) Quorum;

Notwithstanding this section, members may vote in person at memberPage meetings46 orof by66 secretCODING: ballot, including absentee ballots, as defined by the division.

Page 46 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 b.member meetings or by secret ballot, including absentee ballots, as defined by the division.

b.

(II)Page Current47 associationof officers.66 CODING:

(III) Candidates for the association or board.

Page 47 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 e.(II) Current association officers.

(III) Candidates for the association or board.

e.

A person who has been convicted of a felony in this state or in a United States District Court or Territorial Court, or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, may not seek election to the board and is not eligible for board membership unless the person's civil rights have been restored for at least 5 years before the date on which the person seeks election to the board.

The validity of an action taken by the board is not affected if it is later determined that a member of the board is ineligible for board membership.

g.

Every proxy shall be revocable at any time atPage the48 pleasure of the66 memberCODING: executing it.

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 at the pleasure of the member executing it.

Notwithstanding any other provision of law, the requirement that board meetings and committee meetings be open Pageto 48the members does not apply to meetings between the park owner and the board of 65directors CODING:or any of the board's committees, board or committee meetings held for the purpose of discussing personnel matters, or meetings between the board or a committee and the association's attorney, with respect to potential or pending litigation, when where the meeting is held for the purpose of seeking or rendering legal advice, and when where the contents of the discussion would otherwise be governed by the attorney-client privilege.

Notice of all meetings open to members shall be posted in a conspicuous place upon the park property at least 48 hours in advance, except in an emergency.

Notice of any meeting in which dues assessments against members are to be considered for any reason shall specifically contain a Page 49 of 66 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 tostatement thethat membersdues doesassessments notwill applybe toconsidered meetings between the park owner and the boardnature of directorssuch ordues anyassessments. of the board's committees, board or committee meetings held for the purpose of discussing personnel matters, or meetings between the board or a committee and the association's attorney, with respect to potential or pending litigation, when where the meeting is held for the purpose of seeking or rendering legal advice, and when where the contents of the discussion would otherwise be governed by the attorney-client privilege.

Notice of all meetings open to members shall be posted in a conspicuous place upon the park property at least 48 hours in advance, except in an emergency.

Notice of any meeting in which dues assessments against members are to be considered for any reason shall specifically contain a statement that dues assessments will be considered and the nature of such dues assessments.

Members of the board of directors may use e-mail as a means of communication but may not cast a vote on an association Pagematter 49via ofe-mail. 65 CODING:

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 matter via e-mail.

The division shall adoptPage reasonable50 rules governing the tape recording and videotaping of the66 meeting.CODING:

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 adopt reasonable rules governing the tape recording and videotaping of the meeting.

The term of a director elected or appointed to fill a vacancy expires at the next annual meeting at which directors Pageare 50elected. of 65 CODING:

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 are elected.

A director and committee member shall discharge his or her duties in good faith, with the care an ordinarily prudent person in a like position would exercise under similar circumstances,Page and51 in a manner he or she reasonably believes to be in the best interests of the66 corporation.CODING:

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 circumstances, and in a manner he or she reasonably believes to be in the best interests of the corporation.

or Pagec. 51 of 65 CODING:

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 c.

All members of the board of directors shall be elected at the annual meetingPage unless52 theof bylaws66 provideCODING: for staggered election terms or for their election at another meeting.

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 meeting unless the bylaws provide for staggered election terms or for their election at another meeting.

The right to receive written notice of Pagemembership 52meetings ofmay 65be CODING:waived in writing by a member.

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 membership meetings may be waived in writing by a member.

Notwithstanding any other provision of law, the minutes ofPage board53 orof committee66 meetingsCODING: that are closed to members are privileged and confidential and are not available for inspection or photocopying.

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 of board or committee meetings that are closed to members are privileged and confidential and are not available for inspection or photocopying.

All approved minutes of open meetings of members, committees, and the board of directors shall be kept in a Pagebusinesslike 53manner ofand 65shall CODING:be available for inspection by members, or their authorized representatives, and board members at reasonable times.

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 businesslike manner and shall be available for inspection by members, or their authorized representatives, and board members at reasonable times.

Electronic transmission may not be used as a method of giving notice of a meeting called in whole orPage in54 partof for66 thisCODING: purpose.

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 or in part for this purpose.

Page2. 54 of 65 CODING:

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 2.

3.Page 55 of 66 CODING:

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words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 3.

If the association fails to comply with the order of the arbitrator, Pagethe 55division ofmay 65take CODING:action under s.

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 the division may take action under s.

If the board fails to duly notice and hold the required meeting or fails to file the required petition, the member's representativePage may56 fileof a66 petitionCODING: pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 representative may file a petition pursuant to s.

If vacancies occur on the board as a Pageresult 56of a recall and a majority or more of 65the CODING:board members are removed, the vacancies shall be filled in accordance with procedural rules to be adopted by the division, which rules need not be consistent with this chapter.

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 result of a recall and a majority or more of the board members are removed, the vacancies shall be filled in accordance with procedural rules to be adopted by the division, which rules need not be consistent with this chapter.

The division may not accept for filing a recall petition,Page whether57 or not filed pursuant to this subsection, and regardless of whether66 theCODING: recall was certified, when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have not elapsed since the election of the board member sought to be recalled.

Section 27.

Paragraphs (d) and (f) through (i) of subsection (4) and subsection (5) of section 723.079, Florida Statutes, are amended to read:

723.079 Powers and duties of homeowners' association.— (4) The association shall maintain the following items, when applicable, which constitute the official records of the Page 57 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 association:petition, whether or not filed pursuant to this subsection, and regardless of whether the recall was certified, when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have not elapsed since the election of the board member sought to be recalled.

Section 28.

Paragraphs (d) and (f) through (i) of subsection (4) and subsection (5) of section 723.079, Florida Statutes, are amended to read:

723.079 Powers and duties of homeowners' association.— (4) The association shall maintain the following items, when applicable, which constitute the official records of the association:

(g) A copy of all contracts or agreements to which the association is a party, including, without limitation, any written agreements with the park owner, lease, or other agreements or contracts under which the association or its members has any obligation or responsibility, which must be retainedPage within58 this state for at least 5 7 years after the expiration date of the66 contractCODING: or agreement.

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 retained within this state for at least 5 7 years after the expiration date of the contract or agreement.

A current account and a periodic statement of the account for each member, designating the name and current address of each member who is obligated to pay dues or Pageassessments, 58the due date and amount of 65each CODING:assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 assessments, the due date and amount of each assessment or other charge against the member, the date and amount of each payment on the account, and the balance due.

(5) The official records shall be maintained within the statePage for59 at least 7 years and shall be made available to a member for inspection or photocopying within 20 10 business days after receipt by the board or its designee of a66 writtenCODING: request submitted by certified mail, return receipt requested.

The requirements of this subsection are satisfied by having a copy of the official records available for inspection or copying in the park or, at the option of the association, by making the records available to a member electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.

If the association has a photocopy machine available where the records are maintained, it must provide a member with copies on request during the Page 59 of 65 CODING:

hb1339-02-c2hb1339-01-c1 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/HB 1339 2020 state for at least 7 years and shall be made available to a member for inspection ifor photocopying within 20 10 business days after receipt by the entireboard or its designee of a written request issubmitted noby morecertified thanmail, 25return pages.receipt requested.

The requirements of this subsection are satisfied by having a copy of the official records available for inspection or copying in the park or, at the option of the association, by making the records available to a member electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.

If the association has a photocopy machine available where the records are maintained, it must provide a member with copies on request during the inspection if the entire request is no more than 25 pages.

(a) The failure of an association to provide access to the records within 20 10 business days after receipt of a written request submitted by certified mail, return receipt requested, createsPage a60 rebuttableof presumption66 thatCODING: the association willfully failed to comply with this subsection.

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 creates a rebuttable presumption that the association willfully failed to comply with this subsection.

(c) A dispute between a member and an association regarding inspecting or photocopying official records must be Pagesubmitted 60to ofmandatory 65binding CODING:arbitration with the division, and the arbitration must be conducted pursuant to s.

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 submitted to mandatory binding arbitration with the division, and the arbitration must be conducted pursuant to s.

The association may impose fees to cover the costs of providing copies of the official records, including the costs of copying and for personnel to retrieve and copy the records if the time spent retrieving and copying the records exceeds 30 minutes and ifPage the61 personnelof costs66 doCODING: not exceed $20 per hour.

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 if the personnel costs do not exceed $20 per hour.

PageNotwithstanding 61this ofparagraph, 65the CODING:following records are not accessible to members or home owners:

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 Notwithstanding this paragraph, the following records are not accessible to members or home owners:

2.Page 62 of 66 CODING:

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words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 2.

The association is not liable for the disclosure of information that is protected under Pagethis 62subparagraph if the information is included in an official record of 65the CODING:association and is voluntarily provided by a home owner and not requested by the association.

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 this subparagraph if the information is included in an official record of the association and is voluntarily provided by a home owner and not requested by the association.

Section 28.29.

723.1255 Alternative resolution of recall, election, and inspectionPage and63 photocopying of official66 recordsCODING: disputes.— (1) A dispute between a mobile home owner and a homeowners' association regarding the election and recall of officers or directors under s.

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 inspection and photocopying of official records disputes.— (1) A dispute between a mobile home owner and a homeowners' association regarding the election and recall of officers or directors under s.

The cost of the arbitrators shall be divided equally Pagebetween 63the parties regardless of 65the CODING:outcome.

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 between the parties regardless of the outcome.

Section 29.30.

420.507 Powers of the corporation.—The corporation shall have all the powers necessary or convenient to carry out and effectuatePage the64 purposes and provisions of this66 part,CODING: including the following powers which are in addition to all other powers granted by other provisions of this part:

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 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:

Section 30.31.

For the purpose of incorporating the amendment Pagemade 64by this act to section 420.5095, Florida Statutes, in a reference thereto, subsection (2) of 65section CODING:193.018, Florida Statutes, is reenacted to read:

Words stricken are deletions;

words underlined are additions.

hb1339-02-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 1339 2020 made by this act to section 420.5095, Florida Statutes, in a reference thereto, subsection (2) of section 193.018, Florida Statutes, is reenacted to read:

structural improvements, condominium parcels, and cooperative parcels.— (2) A community land trust may convey structural improvements, condominium parcels, or cooperative parcels, that are located on specific parcels of land that are identified by a legal description contained in and subject to a ground lease having a term of at least 99 years, for the purpose of providing affordable housing to natural persons or families who meet the extremely-low-income, very-low-income, low-income, or moderate- incomePage limits65 specifiedof in66 s.CODING:

Words stricken are deletions;

words underlined are additions.

hb1339-01-c1 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/HB 1339 2020 income limits specified in s.

Section 31.32.

Page 6566 of 6566 CODING:

hb1339-02-c2hb1339-01-c1