Bill Text: FL S0998 | 2020 | Regular Session | Comm Sub


Bill Title: Housing

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/CS/CS/HB 1339 [S0998 Detail]

Download: Florida-2020-S0998-Comm_Sub.html
       Florida Senate - 2020                CS for CS for CS for SB 998
       
       
        
       By the Committees on Appropriations; Infrastructure and
       Security; and Community Affairs; and Senators Hutson and Hooper
       
       
       
       
       576-04570A-20                                          2020998c3
    1                        A bill to be entitled                      
    2         An act relating to housing; amending s. 125.01055,
    3         F.S.; authorizing a board of county commissioners to
    4         approve development of affordable housing on any
    5         parcel zoned for residential, commercial, or
    6         industrial use; amending s. 129.03, F.S.; revising the
    7         information required to be annually submitted by
    8         county budget officers to the Office of Economic and
    9         Demographic Research; requiring certain information to
   10         be included beginning in a specified submission;
   11         amending s. 163.31771, F.S.; revising conditions under
   12         which local governments are authorized to adopt
   13         ordinances that allow accessory dwelling units in any
   14         area zoned for single-family residential use; amending
   15         s. 163.31801, F.S.; requiring counties,
   16         municipalities, and special districts to include
   17         certain data relating to impact fees in their annual
   18         financial reports; amending s. 166.04151, F.S.;
   19         authorizing governing bodies of municipalities to
   20         approve the development of affordable housing on any
   21         parcel zoned for residential, commercial, or
   22         industrial use; amending s. 166.241, F.S.; revising
   23         the information required to be annually submitted by
   24         municipal budget officers to the Office of Economic
   25         and Demographic Research; requiring certain
   26         information to be included beginning in a specified
   27         submission; amending s. 320.77, F.S.; revising a
   28         certification requirement for mobile home dealer
   29         applicants relating to the applicant’s business
   30         location; amending s. 320.771, F.S.; exempting certain
   31         recreational vehicle dealer applicants from a garage
   32         liability insurance requirement; amending s. 320.822,
   33         F.S.; revising the definition of the term “code”;
   34         amending s. 320.8232, F.S.; revising applicable
   35         standards for the repair and remodeling of mobile and
   36         manufactured homes; amending s. 367.022, F.S.;
   37         revising an exemption from regulation for certain
   38         water service resellers; exempting certain mobile home
   39         park and mobile home subdivision owners from
   40         regulation by the Florida Public Service Commission
   41         relating to water and wastewater systems; creating
   42         420.518, F.S.; authorizing the preclusion of an
   43         applicant or affiliate of an applicant from
   44         participation in Florida Housing Finance Corporation
   45         programs under certain conditions; authorizing the
   46         board of directors of the corporation to preclude the
   47         applicant for a period of time or revoke the
   48         applicant’s funding; requiring that an administrative
   49         complaint be served before an order is issued;
   50         authorizing the corporation to suspend certain
   51         funding, allocations of federal housing credits,
   52         credit underwriting procedures, or application
   53         reviews; providing requirements for such suspensions;
   54         amending s. 420.5087, F.S.; revising the criteria used
   55         by a review committee when evaluating and selecting
   56         specified applications for state apartment incentive
   57         loans; authorizing the corporation to prioritize a
   58         portion of the State Apartment Incentive Loan funding
   59         set aside for certain purposes; requiring that such
   60         funding be used for housing for certain persons in
   61         foster care or persons aging out of foster care;
   62         providing requirements for such housing; requiring the
   63         corporation to consult with the Department of Children
   64         and Families to create minimum criteria for such
   65         housing; amending s. 420.5095, F.S.; revising
   66         legislative findings; renaming the Community Workforce
   67         Housing Innovation Pilot Program as the Community
   68         Workforce Housing Loan Program to provide workforce
   69         housing for persons affected by the high cost of
   70         housing; revising the definition of the term
   71         “workforce housing”; deleting the definition of the
   72         term “public-private partnership”; authorizing the
   73         corporation to provide loans under the program to
   74         applicants for construction of workforce housing;
   75         requiring the corporation to establish a certain loan
   76         application process; deleting provisions requiring the
   77         corporation to provide incentives for local
   78         governments to use certain funds; requiring projects
   79         to receive priority consideration for funding under
   80         certain circumstances; deleting provisions providing
   81         for the expedition of local government comprehensive
   82         plan amendments to implement a program project;
   83         requiring that the corporation award loans at a
   84         specified interest rate and for a limited term;
   85         conforming provisions to changes made by the act;
   86         deleting a provision authorizing the corporation to
   87         use a maximum percentage of a specified appropriation
   88         for administration and compliance; amending s.
   89         420.531, F.S.; specifying that technical support
   90         provided to local governments and community-based
   91         organizations includes implementation of the State
   92         Apartment Incentive Loan Program; requiring the entity
   93         providing training and technical assistance to convene
   94         and administer biannual workshops; providing
   95         requirements for such workshops; requiring such entity
   96         to annually compile and submit certain information to
   97         the Legislature and the corporation by a specified
   98         date; amending s. 420.9075, F.S.; revising
   99         requirements for reports submitted to the corporation
  100         by counties and certain municipalities; amending s.
  101         420.9076, F.S.; beginning on a specified date,
  102         revising the membership of local affordable housing
  103         advisory committees; requiring the committees to
  104         perform specified duties annually instead of
  105         triennially; revising duties of the committees;
  106         requiring locally elected officials serving on
  107         advisory committees, or their designees, to attend
  108         biannual regional workshops; providing a penalty;
  109         amending s. 723.011, F.S.; providing that a mobile
  110         home owner may be required to install permanent
  111         improvements as disclosed in the mobile home park
  112         prospectus; amending s. 723.012, F.S.; requiring a
  113         mobile home park owner to amend its prospectus under
  114         certain circumstances; requiring a mobile home park
  115         owner to increase shared facilities under certain
  116         circumstances; providing a requirement for the
  117         prospectus amendment; prohibiting certain costs and
  118         expenses from being passed on or passed through to
  119         existing mobile home owners; amending s. 723.023,
  120         F.S.; revising general obligations for mobile home
  121         owners; amending s. 723.031, F.S.; revising
  122         construction relating to a mobile home park owner’s
  123         disclosure of certain taxes and assessments;
  124         prohibiting a mobile home park owner from charging or
  125         collecting certain taxes or charges in excess of a
  126         certain amount; amending s. 723.037, F.S.; authorizing
  127         mobile home park owners to give notice of lot rental
  128         increases for multiple anniversary dates in one
  129         notice; providing construction; revising a requirement
  130         for a lot rental negotiation committee; amending s.
  131         723.041, F.S.; providing that a mobile home park
  132         damaged or destroyed due to natural force may be
  133         rebuilt with the same density as previously approved,
  134         permitted, and built; providing construction; amending
  135         s. 723.042, F.S.; revising conditions under which a
  136         person is required by a mobile home park owner or
  137         developer to provide improvements as a condition of
  138         residence in a mobile home park; amending s. 723.059,
  139         F.S.; authorizing certain mobile home purchasers to
  140         assume the seller’s prospectus; authorizing a mobile
  141         home park owner to offer a purchaser any approved
  142         prospectus; amending s. 723.061, F.S.; revising
  143         requirements related to the provision of eviction
  144         notices by mobile home park owners to specified
  145         entities; specifying the waiver and nonwaiver of
  146         certain rights of mobile home park owners under
  147         certain circumstances; requiring the accounting at
  148         final hearing of rents received; amending s. 723.076,
  149         F.S.; providing a notice requirement for homeowners’
  150         associations to mobile home park owners after the
  151         election or appointment of new officers or board
  152         members; amending s. 723.078, F.S.; revising
  153         requirements for homeowners’ association board
  154         elections and ballots; requiring an impartial
  155         committee to be responsible for overseeing the
  156         election process and complying with ballot
  157         requirements; defining the term “impartial committee”;
  158         requiring that association bylaws provide a method for
  159         determining the winner of an election under certain
  160         circumstances; requiring the division to adopt
  161         procedural rules; revising the types of meetings that
  162         are not required to be open to members; providing an
  163         exception to a requirement for an officer of an
  164         association to provide an affidavit affirming certain
  165         information; authorizing meeting notices to be
  166         provided by electronic means; providing that the
  167         minutes of certain board and committee meetings are
  168         privileged and confidential; conforming provisions to
  169         changes made by the act; amending s. 723.079, F.S.;
  170         revising homeowners’ association recordkeeping
  171         requirements; revising the timeframes during which
  172         certain records are required to be retained and be
  173         made available for inspection or photocopying;
  174         limiting the amount of damages for which an
  175         association is liable when a member is denied access
  176         to official records; requiring that certain disputes
  177         be submitted to mandatory binding arbitration with the
  178         division; providing requirements for such arbitration;
  179         amending s. 723.1255, F.S.; requiring that certain
  180         disputes be submitted to mandatory binding arbitration
  181         with the division; providing requirements for such
  182         arbitration and responsibility for fees and costs;
  183         requiring the division to adopt procedural rules;
  184         reenacting s. 420.507(22)(i), F.S., relating to powers
  185         of the Florida Housing Finance Corporation, to
  186         incorporate the amendment made to s. 420.5087, F.S.,
  187         in a reference thereto; reenacting s. 193.018(2),
  188         F.S., relating to land owned by a community land trust
  189         used to provide affordable housing, to incorporate the
  190         amendment made to s. 420.5095, F.S., in a reference
  191         thereto; providing an effective date.
  192          
  193  Be It Enacted by the Legislature of the State of Florida:
  194  
  195         Section 1. Subsection (4) is added to section 125.01055,
  196  Florida Statutes, to read:
  197         125.01055 Affordable housing.—
  198         (4) Notwithstanding any other law or local ordinance or
  199  regulation to the contrary, the board of county commissioners
  200  may approve the development of housing that is affordable, as
  201  defined in s. 420.0004, on any parcel zoned for residential,
  202  commercial, or industrial use.
  203         Section 2. Paragraph (d) of subsection (3) of section
  204  129.03, Florida Statutes, is amended to read:
  205         129.03 Preparation and adoption of budget.—
  206         (3) The county budget officer, after tentatively
  207  ascertaining the proposed fiscal policies of the board for the
  208  next fiscal year, shall prepare and present to the board a
  209  tentative budget for the next fiscal year for each of the funds
  210  provided in this chapter, including all estimated receipts,
  211  taxes to be levied, and balances expected to be brought forward
  212  and all estimated expenditures, reserves, and balances to be
  213  carried over at the end of the year.
  214         (d) By October 15, 2019, and each October 15 annually
  215  thereafter, the county budget officer shall electronically
  216  submit the following information regarding the final budget and
  217  the county’s economic status to the Office of Economic and
  218  Demographic Research in the format specified by the office:
  219         1. Government spending per resident, including, at a
  220  minimum, the spending per resident for the previous 5 fiscal
  221  years.
  222         2. Government debt per resident, including, at a minimum,
  223  the debt per resident for the previous 5 fiscal years.
  224         3. Median income within the county.
  225         4. The average county employee salary.
  226         5. Percent of budget spent on salaries and benefits for
  227  county employees.
  228         6. Number of special taxing districts, wholly or partially,
  229  within the county.
  230         7. Annual county expenditures providing for the financing,
  231  acquisition, construction, reconstruction, or rehabilitation of
  232  housing that is affordable, as that term is defined in s.
  233  420.0004. The reported expenditures must indicate the source of
  234  such funds as “federal,” “state,” “local,” or “other,” as
  235  applicable. The information required by this subparagraph must
  236  be included in the submission due by October 15, 2020, and each
  237  annual submission thereafter.
  238         Section 3. Subsections (3) and (4) of section 163.31771,
  239  Florida Statutes, are amended to read:
  240         163.31771 Accessory dwelling units.—
  241         (3) A Upon a finding by a local government that there is a
  242  shortage of affordable rentals within its jurisdiction, the
  243  local government may adopt an ordinance to allow accessory
  244  dwelling units in any area zoned for single-family residential
  245  use.
  246         (4) If the local government adopts an ordinance under this
  247  section, An application for a building permit to construct an
  248  accessory dwelling unit must include an affidavit from the
  249  applicant which attests that the unit will be rented at an
  250  affordable rate to an extremely-low-income, very-low-income,
  251  low-income, or moderate-income person or persons.
  252         Section 4. Subsection (10) is added to section 163.31801,
  253  Florida Statutes, to read:
  254         163.31801 Impact fees; short title; intent; minimum
  255  requirements; audits; challenges.—
  256         (10) In addition to the items that must be reported in the
  257  annual financial reports under s. 218.32, a county,
  258  municipality, or special district must report all of the
  259  following data on all impact fees charged:
  260         (a)The specific purpose of the impact fee, including the
  261  specific infrastructure needs to be met, including, but not
  262  limited to, transportation, parks, water, sewer, and schools.
  263         (b)The impact fee schedule policy describing the method of
  264  calculating impact fees, such as flat fees, tiered scales based
  265  on number of bedrooms, or tiered scales based on square footage.
  266         (c)The amount assessed for each purpose and for each type
  267  of dwelling.
  268         (d)The total amount of impact fees charged by type of
  269  dwelling.
  270         (e) Each exception and waiver provided for construction or
  271  development of housing that is affordable.
  272         Section 5. Subsection (4) is added to section 166.04151,
  273  Florida Statutes, to read:
  274         166.04151 Affordable housing.—
  275         (4) Notwithstanding any other law or local ordinance or
  276  regulation to the contrary, the governing body of a municipality
  277  may approve the development of housing that is affordable, as
  278  defined in s. 420.0004, on any parcel zoned for residential,
  279  commercial, or industrial use.
  280         Section 6. Paragraph (g) is added to subsection (4) of
  281  section 166.241, Florida Statutes, to read:
  282         166.241 Fiscal years, budgets, and budget amendments.—
  283         (4) By Beginning October 15, 2019, and each October 15
  284  thereafter, the municipal budget officer shall electronically
  285  submit the following information regarding the final budget and
  286  the municipality’s economic status to the Office of Economic and
  287  Demographic Research in the format specified by the office:
  288         (g) Annual municipal expenditures providing for the
  289  financing, acquisition, construction, reconstruction, or
  290  rehabilitation of housing that is affordable, as that term is
  291  defined in s. 420.0004. The reported expenditures must indicate
  292  the source of such funds as “federal,” “state,” “local,” or
  293  “other,” as applicable. This information must be included in the
  294  submission due by October 15, 2020, and each annual submission
  295  thereafter.
  296         Section 7. Paragraph (h) of subsection (3) of section
  297  320.77, Florida Statutes, is amended to read:
  298         320.77 License required of mobile home dealers.—
  299         (3) APPLICATION.—The application for such license shall be
  300  in the form prescribed by the department and subject to such
  301  rules as may be prescribed by it. The application shall be
  302  verified by oath or affirmation and shall contain:
  303         (h) Certification by the applicant:
  304         1. That the location is a permanent one, not a tent or a
  305  temporary stand or other temporary quarters.; and,
  306         2. Except in the case of a mobile home broker, that the
  307  location affords sufficient unoccupied space to display store
  308  all mobile homes offered and displayed for sale. A space to
  309  display a manufactured home as a model home is sufficient to
  310  satisfy this requirement.; and that The location must be is a
  311  suitable place in which the applicant can in good faith carry on
  312  business and keep and maintain books, records, and files
  313  necessary to conduct such business, which must will be available
  314  at all reasonable hours to inspection by the department or any
  315  of its inspectors or other employees.
  316  
  317  This paragraph does subsection shall not preclude a licensed
  318  mobile home dealer from displaying and offering for sale mobile
  319  homes in a mobile home park.
  320  
  321  The department shall, if it deems necessary, cause an
  322  investigation to be made to ascertain if the facts set forth in
  323  the application are true and shall not issue a license to the
  324  applicant until it is satisfied that the facts set forth in the
  325  application are true.
  326         Section 8. Paragraph (j) of subsection (3) of section
  327  320.771, Florida Statutes, is amended to read:
  328         320.771 License required of recreational vehicle dealers.—
  329         (3) APPLICATION.—The application for such license shall be
  330  in the form prescribed by the department and subject to such
  331  rules as may be prescribed by it. The application shall be
  332  verified by oath or affirmation and shall contain:
  333         (j) A statement that the applicant is insured under a
  334  garage liability insurance policy, which shall include, at a
  335  minimum, $25,000 combined single-limit liability coverage,
  336  including bodily injury and property damage protection, and
  337  $10,000 personal injury protection, if the applicant is to be
  338  licensed as a dealer in, or intends to sell, recreational
  339  vehicles. However, a garage liability policy is not required for
  340  the licensure of a mobile home dealer who sells only park
  341  trailers.
  342  
  343  The department shall, if it deems necessary, cause an
  344  investigation to be made to ascertain if the facts set forth in
  345  the application are true and shall not issue a license to the
  346  applicant until it is satisfied that the facts set forth in the
  347  application are true.
  348         Section 9. Subsection (2) of section 320.822, Florida
  349  Statutes, is amended to read:
  350         320.822 Definitions; ss. 320.822-320.862.—In construing ss.
  351  320.822-320.862, unless the context otherwise requires, the
  352  following words or phrases have the following meanings:
  353         (2) “Code” means the appropriate standards found in:
  354         (a) The Federal Manufactured Housing Construction and
  355  Safety Standards for single-family mobile homes, promulgated by
  356  the Department of Housing and Urban Development;
  357         (b) The Uniform Standards Code approved by the American
  358  National Standards Institute, ANSI A-119.2 for recreational
  359  vehicles and ANSI A-119.5 for park trailers or the United States
  360  Department of Housing and Urban Development standard for park
  361  trailers certified as meeting that standard; or
  362         (c) The Mobile and Manufactured Home Repair and Remodeling
  363  Code and the Used Recreational Vehicle Code.
  364         Section 10. Subsection (2) of section 320.8232, Florida
  365  Statutes, is amended to read:
  366         320.8232 Establishment of uniform standards for used
  367  recreational vehicles and repair and remodeling code for mobile
  368  homes.—
  369         (2) The Mobile and Manufactured Home provisions of the
  370  Repair and Remodeling Code must be a uniform code, must shall
  371  ensure safe and livable housing, and may shall not be more
  372  stringent than those standards required to be met in the
  373  manufacture of mobile homes. Such code must provisions shall
  374  include, but not be limited to, standards for structural
  375  adequacy, plumbing, heating, electrical systems, and fire and
  376  life safety. All repairs and remodeling of mobile and
  377  manufactured homes must be performed in accordance with
  378  department rules.
  379         Section 11. Subsection (9) of section 367.022, Florida
  380  Statutes, is amended, and subsection (14) is added to that
  381  section, to read:
  382         367.022 Exemptions.—The following are not subject to
  383  regulation by the commission as a utility nor are they subject
  384  to the provisions of this chapter, except as expressly provided:
  385         (9) Any person who resells water service to his or her
  386  tenants or to individually metered residents for a fee that does
  387  not exceed the actual purchase price of the water and wastewater
  388  service plus the actual cost of meter reading and billing, not
  389  to exceed 9 percent of the actual cost of service.
  390         (14) The owner of a mobile home park operating both as a
  391  mobile home park and a mobile home subdivision, as those terms
  392  are defined in s. 723.003, who provides service within the park
  393  and subdivision to a combination of both tenants and lot owners,
  394  provided that the service to tenants is without specific
  395  compensation.
  396         Section 12. Section 420.518, Florida Statutes, is created
  397  to read:
  398         420.518 Fraudulent or material misrepresentation.—
  399         (1) An applicant or affiliate of an applicant may be
  400  precluded from participation in any corporation program if the
  401  applicant or affiliate of the applicant has:
  402         (a) Made a material misrepresentation or engaged in
  403  fraudulent actions in connection with any corporation program.
  404         (b) Been convicted or found guilty of, or entered a plea of
  405  guilty or nolo contendere to, regardless of adjudication, a
  406  crime in any jurisdiction which directly relates to the
  407  financing, construction, or management of affordable housing or
  408  the fraudulent procurement of state or federal funds. The record
  409  of a conviction certified or authenticated in such form as to be
  410  admissible in evidence under the laws of the state shall be
  411  admissible as prima facie evidence of such guilt.
  412         (c) Been excluded from any federal funding program related
  413  to the provision of housing.
  414         (d) Been excluded from any Florida procurement programs.
  415         (e) Offered or given consideration, other than the
  416  consideration to provide affordable housing, with respect to a
  417  local contribution.
  418         (f) Demonstrated a pattern of noncompliance and a failure
  419  to correct any such noncompliance after notice from the
  420  corporation in the construction, operation, or management of one
  421  or more developments funded through a corporation program.
  422         (2) Upon a determination by the board of directors of the
  423  corporation that an applicant or affiliate of the applicant be
  424  precluded from participation in any corporation program, the
  425  board may issue an order taking any or all of the following
  426  actions:
  427         (a) Preclude such applicant or affiliate from applying for
  428  funding from any corporation program for a specified period. The
  429  period may be a specified period of time or permanent in nature.
  430  With regard to establishing the duration, the board shall
  431  consider the facts and circumstances, inclusive of the
  432  compliance history of the applicant or affiliate of the
  433  applicant, the type of action under subsection (1), and the
  434  degree of harm to the corporation’s programs that has been or
  435  may be done.
  436         (b) Revoke any funding previously awarded by the
  437  corporation for any development for which construction or
  438  rehabilitation has not commenced.
  439         (3) Before any order issued under this section can be
  440  final, an administrative complaint must be served on the
  441  applicant, affiliate of the applicant, or its registered agent
  442  that provides notification of findings of the board, the
  443  intended action, and the opportunity to request a proceeding
  444  pursuant to ss. 120.569 and 120.57.
  445         (4) Any funding, allocation of federal housing credits,
  446  credit underwriting procedures, or application review for any
  447  development for which construction or rehabilitation has not
  448  commenced may be suspended by the corporation upon the service
  449  of an administrative complaint on the applicant, affiliate of
  450  the applicant, or its registered agent. The suspension shall be
  451  effective from the date the administrative complaint is served
  452  until an order issued by the corporation in regard to that
  453  complaint becomes final.
  454         Section 13. Paragraph (c) of subsection (6) of section
  455  420.5087, Florida Statutes, is amended, and subsection (10) is
  456  added to that section, to read:
  457         420.5087 State Apartment Incentive Loan Program.—There is
  458  hereby created the State Apartment Incentive Loan Program for
  459  the purpose of providing first, second, or other subordinated
  460  mortgage loans or loan guarantees to sponsors, including for
  461  profit, nonprofit, and public entities, to provide housing
  462  affordable to very-low-income persons.
  463         (6) On all state apartment incentive loans, except loans
  464  made to housing communities for the elderly to provide for
  465  lifesafety, building preservation, health, sanitation, or
  466  security-related repairs or improvements, the following
  467  provisions shall apply:
  468         (c) The corporation shall provide by rule for the
  469  establishment of a review committee for the competitive
  470  evaluation and selection of applications submitted in this
  471  program, including, but not limited to, the following criteria:
  472         1. Tenant income and demographic targeting objectives of
  473  the corporation.
  474         2. Targeting objectives of the corporation which will
  475  ensure an equitable distribution of loans between rural and
  476  urban areas.
  477         3. Sponsor’s agreement to reserve the units for persons or
  478  families who have incomes below 50 percent of the state or local
  479  median income, whichever is higher, for a time period that
  480  exceeds the minimum required by federal law or this part.
  481         4. Sponsor’s agreement to reserve more than:
  482         a. Twenty percent of the units in the project for persons
  483  or families who have incomes that do not exceed 50 percent of
  484  the state or local median income, whichever is higher; or
  485         b. Forty percent of the units in the project for persons or
  486  families who have incomes that do not exceed 60 percent of the
  487  state or local median income, whichever is higher, without
  488  requiring a greater amount of the loans as provided in this
  489  section.
  490         5. Provision for tenant counseling.
  491         6. Sponsor’s agreement to accept rental assistance
  492  certificates or vouchers as payment for rent.
  493         7. Projects requiring the least amount of a state apartment
  494  incentive loan compared to overall project cost, except that the
  495  share of the loan attributable to units serving extremely-low
  496  income persons must be excluded from this requirement.
  497         8. Local government contributions and local government
  498  comprehensive planning and activities that promote affordable
  499  housing and policies that promote access to public
  500  transportation, reduce the need for onsite parking, and expedite
  501  permits for affordable housing projects.
  502         9. Project feasibility.
  503         10. Economic viability of the project.
  504         11. Commitment of first mortgage financing.
  505         12. Sponsor’s prior experience.
  506         13. Sponsor’s ability to proceed with construction.
  507         14. Projects that directly implement or assist welfare-to
  508  work transitioning.
  509         15. Projects that reserve units for extremely-low-income
  510  persons.
  511         16. Projects that include green building principles, storm
  512  resistant construction, or other elements that reduce long-term
  513  costs relating to maintenance, utilities, or insurance.
  514         17. Job-creation rate of the developer and general
  515  contractor, as provided in s. 420.507(47).
  516         (10) The corporation may prioritize a portion of the
  517  program funds set aside under paragraph (3)(d) for persons with
  518  special needs as defined in s. 420.0004(13) to provide funding
  519  for the development of newly constructed permanent rental
  520  housing on a campus that provides housing for persons in foster
  521  care or persons aging out of foster care pursuant to s.
  522  409.1451. Such housing shall promote and facilitate access to
  523  community-based supportive, educational, and employment services
  524  and resources that assist persons aging out of foster care to
  525  successfully transition to independent living and adulthood. The
  526  corporation must consult with the Department of Children and
  527  Families to create minimum criteria for such housing.
  528         Section 14. Section 420.5095, Florida Statutes, is amended
  529  to read:
  530         420.5095 Community Workforce Housing Loan Innovation Pilot
  531  Program.—
  532         (1) The Legislature finds and declares that recent rapid
  533  increases in the median purchase price of a home and the cost of
  534  rental housing have far outstripped the increases in median
  535  income in the state, preventing essential services personnel
  536  from living in the communities where they serve and thereby
  537  creating the need for innovative solutions for the provision of
  538  housing opportunities for essential services personnel.
  539         (2) The Community Workforce Housing Loan Innovation Pilot
  540  Program is created to provide affordable rental and home
  541  ownership community workforce housing for persons essential
  542  services personnel affected by the high cost of housing, using
  543  regulatory incentives and state and local funds to promote local
  544  public-private partnerships and leverage government and private
  545  resources.
  546         (3) For purposes of this section, the term:
  547         (a) “workforce housing” means housing affordable to natural
  548  persons or families whose total annual household income does not
  549  exceed 80 140 percent of the area median income, adjusted for
  550  household size, or 120 150 percent of area median income,
  551  adjusted for household size, in areas of critical state concern
  552  designated under s. 380.05, for which the Legislature has
  553  declared its intent to provide affordable housing, and areas
  554  that were designated as areas of critical state concern for at
  555  least 20 consecutive years before prior to removal of the
  556  designation.
  557         (b) “Public-private partnership” means any form of business
  558  entity that includes substantial involvement of at least one
  559  county, one municipality, or one public sector entity, such as a
  560  school district or other unit of local government in which the
  561  project is to be located, and at least one private sector for
  562  profit or not-for-profit business or charitable entity, and may
  563  be any form of business entity, including a joint venture or
  564  contractual agreement.
  565         (4) The Florida Housing Finance Corporation is authorized
  566  to provide loans under the Community Workforce Housing
  567  Innovation Pilot program loans to applicants an applicant for
  568  construction or rehabilitation of workforce housing in eligible
  569  areas. This funding is intended to be used with other public and
  570  private sector resources.
  571         (5) The corporation shall establish a loan application
  572  process under s. 420.5087 by rule which includes selection
  573  criteria, an application review process, and a funding process.
  574  The corporation shall also establish an application review
  575  committee that may include up to three private citizens
  576  representing the areas of housing or real estate development,
  577  banking, community planning, or other areas related to the
  578  development or financing of workforce and affordable housing.
  579         (a) The selection criteria and application review process
  580  must include a procedure for curing errors in the loan
  581  applications which do not make a substantial change to the
  582  proposed project.
  583         (b) To achieve the goals of the pilot program, the
  584  application review committee may approve or reject loan
  585  applications or responses to questions raised during the review
  586  of an application due to the insufficiency of information
  587  provided.
  588         (c) The application review committee shall make
  589  recommendations concerning program participation and funding to
  590  the corporation’s board of directors.
  591         (d) The board of directors shall approve or reject loan
  592  applications, determine the tentative loan amount available to
  593  each applicant, and rank all approved applications.
  594         (e) The board of directors shall decide which approved
  595  applicants will become program participants and determine the
  596  maximum loan amount for each program participant.
  597         (6) The corporation shall provide incentives for local
  598  governments in eligible areas to use local affordable housing
  599  funds, such as those from the State Housing Initiatives
  600  Partnership Program, to assist in meeting the affordable housing
  601  needs of persons eligible under this program. Local governments
  602  are authorized to use State Housing Initiative Partnership
  603  Program funds for persons or families whose total annual
  604  household income does not exceed:
  605         (a) One hundred and forty percent of the area median
  606  income, adjusted for household size; or
  607         (b) One hundred and fifty percent of the area median
  608  income, adjusted for household size, in areas that were
  609  designated as areas of critical state concern for at least 20
  610  consecutive years prior to the removal of the designation and in
  611  areas of critical state concern, designated under s. 380.05, for
  612  which the Legislature has declared its intent to provide
  613  affordable housing.
  614         (7) Funding shall be targeted to innovative projects in
  615  areas where the disparity between the area median income and the
  616  median sales price for a single-family home is greatest, and
  617  where population growth as a percentage rate of increase is
  618  greatest. The corporation may also fund projects in areas where
  619  innovative regulatory and financial incentives are made
  620  available. The corporation shall fund at least one eligible
  621  project in as many counties and regions of the state as is
  622  practicable, consistent with program goals.
  623         (6)(8) Projects must be given shall receive priority
  624  consideration for funding if where:
  625         (a) the local jurisdiction has adopted, or is committed to
  626  adopting, appropriate regulatory incentives, or the local
  627  jurisdiction or public-private partnership has adopted or is
  628  committed to adopting local contributions or financial
  629  strategies, or other funding sources to promote the development
  630  and ongoing financial viability of such projects. Local
  631  incentives include such actions as expediting review of
  632  development orders and permits, supporting development near
  633  transportation hubs and major employment centers, and adopting
  634  land development regulations designed to allow flexibility in
  635  densities, use of accessory units, mixed-use developments, and
  636  flexible lot configurations. Financial strategies include such
  637  actions as promoting employer-assisted housing programs,
  638  providing tax increment financing, and providing land.
  639         (b) Projects are innovative and include new construction or
  640  rehabilitation; mixed-income housing; commercial and housing
  641  mixed-use elements; innovative design; green building
  642  principles; storm-resistant construction; or other elements that
  643  reduce long-term costs relating to maintenance, utilities, or
  644  insurance and promote homeownership. The program funding may not
  645  exceed the costs attributable to the portion of the project that
  646  is set aside to provide housing for the targeted population.
  647         (c)Projects that set aside at least 80 percent of units
  648  for workforce housing and at least 50 percent for essential
  649  services personnel and for projects that require the least
  650  amount of program funding compared to the overall housing costs
  651  for the project.
  652         (9) Notwithstanding s. 163.3184(4)(b)-(d), any local
  653  government comprehensive plan amendment to implement a Community
  654  Workforce Housing Innovation Pilot Program project found
  655  consistent with this section shall be expedited as provided in
  656  this subsection. At least 30 days prior to adopting a plan
  657  amendment under this subsection, the local government shall
  658  notify the state land planning agency of its intent to adopt
  659  such an amendment, and the notice shall include its evaluation
  660  related to site suitability and availability of facilities and
  661  services. The public notice of the hearing required by s.
  662  163.3184(11)(b)2. shall include a statement that the local
  663  government intends to use the expedited adoption process
  664  authorized by this subsection. Such amendments shall require
  665  only a single public hearing before the governing board, which
  666  shall be an adoption hearing as described in s. 163.3184(4)(e).
  667  Any further proceedings shall be governed by s. 163.3184(5)
  668  (13).
  669         (10) The processing of approvals of development orders or
  670  development permits, as defined in s. 163.3164, for innovative
  671  community workforce housing projects shall be expedited.
  672         (7)(11) The corporation shall award loans with a 1 interest
  673  rates set at 1 to 3 percent interest rate for a term that does
  674  not exceed 15 years, which may be made forgivable when long-term
  675  affordability is provided and when at least 80 percent of the
  676  units are set aside for workforce housing and at least 50
  677  percent of the units are set aside for essential services
  678  personnel.
  679         (12) All eligible applications shall:
  680         (a) For home ownership, limit the sales price of a detached
  681  unit, townhome, or condominium unit to not more than 90 percent
  682  of the median sales price for that type of unit in that county,
  683  or the statewide median sales price for that type of unit,
  684  whichever is higher, and require that all eligible purchasers of
  685  home ownership units occupy the homes as their primary
  686  residence.
  687         (b) For rental units, restrict rents for all workforce
  688  housing serving those with incomes at or below 120 percent of
  689  area median income at the appropriate income level using the
  690  restricted rents for the federal low-income housing tax credit
  691  program and, for workforce housing units serving those with
  692  incomes above 120 percent of area median income, restrict rents
  693  to those established by the corporation, not to exceed 30
  694  percent of the maximum household income adjusted to unit size.
  695         (c) Demonstrate that the applicant is a public-private
  696  partnership in an agreement, contract, partnership agreement,
  697  memorandum of understanding, or other written instrument signed
  698  by all the project partners.
  699         (d) Have grants, donations of land, or contributions from
  700  the public-private partnership or other sources collectively
  701  totaling at least 10 percent of the total development cost or $2
  702  million, whichever is less. Such grants, donations of land, or
  703  contributions must be evidenced by a letter of commitment,
  704  agreement, contract, deed, memorandum of understanding, or other
  705  written instrument at the time of application. Grants, donations
  706  of land, or contributions in excess of 10 percent of the
  707  development cost shall increase the application score.
  708         (e) Demonstrate how the applicant will use the regulatory
  709  incentives and financial strategies outlined in subsection (8)
  710  from the local jurisdiction in which the proposed project is to
  711  be located. The corporation may consult with the Department of
  712  Economic Opportunity in evaluating the use of regulatory
  713  incentives by applicants.
  714         (f) Demonstrate that the applicant possesses title to or
  715  site control of land and evidences availability of required
  716  infrastructure.
  717         (g) Demonstrate the applicant’s affordable housing
  718  development and management experience.
  719         (h) Provide any research or facts available supporting the
  720  demand and need for rental or home ownership workforce housing
  721  for eligible persons in the market in which the project is
  722  proposed.
  723         (13) Projects may include manufactured housing constructed
  724  after June 1994 and installed in accordance with mobile home
  725  installation standards of the Department of Highway Safety and
  726  Motor Vehicles.
  727         (8)(14) The corporation may adopt rules pursuant to ss.
  728  120.536(1) and 120.54 to implement this section.
  729         (15) The corporation may use a maximum of 2 percent of the
  730  annual program appropriation for administration and compliance
  731  monitoring.
  732         (16) The corporation shall review the success of the
  733  Community Workforce Housing Innovation Pilot Program to
  734  ascertain whether the projects financed by the program are
  735  useful in meeting the housing needs of eligible areas and shall
  736  include its findings in the annual report required under s.
  737  420.511(3).
  738         Section 15. Section 420.531, Florida Statutes, is amended
  739  to read:
  740         420.531 Affordable Housing Catalyst Program.—
  741         (1) The corporation shall operate the Affordable Housing
  742  Catalyst Program for the purpose of securing the expertise
  743  necessary to provide specialized technical support to local
  744  governments and community-based organizations to implement the
  745  HOME Investment Partnership Program, State Apartment Incentive
  746  Loan Program, State Housing Initiatives Partnership Program, and
  747  other affordable housing programs. To the maximum extent
  748  feasible, the entity to provide the necessary expertise must be
  749  recognized by the Internal Revenue Service as a nonprofit tax
  750  exempt organization. It must have as its primary mission the
  751  provision of affordable housing training and technical
  752  assistance, an ability to provide training and technical
  753  assistance statewide, and a proven track record of successfully
  754  providing training and technical assistance under the Affordable
  755  Housing Catalyst Program. The technical support shall, at a
  756  minimum, include training relating to the following key elements
  757  of the partnership programs:
  758         (a)(1) Formation of local and regional housing partnerships
  759  as a means of bringing together resources to provide affordable
  760  housing.
  761         (b)(2) Implementation of regulatory reforms to reduce the
  762  risk and cost of developing affordable housing.
  763         (c)(3) Implementation of affordable housing programs
  764  included in local government comprehensive plans.
  765         (d)(4) Compliance with requirements of federally funded
  766  housing programs.
  767         (2) In consultation with the corporation, the entity
  768  providing statewide training and technical assistance shall
  769  convene and administer biannual, regional workshops for the
  770  locally elected officials serving on affordable housing advisory
  771  committees as provided in s. 420.9076. The regional workshops
  772  may be conducted through teleconferencing or other technological
  773  means and must include processes and programming that facilitate
  774  peer-to-peer identification and sharing of best affordable
  775  housing practices among the locally elected officials. Annually,
  776  calendar year reports summarizing the deliberations, actions,
  777  and recommendations of each region, as well as the attendance
  778  records of locally elected officials, must be compiled by the
  779  entity providing statewide training and technical assistance for
  780  the Affordable Housing Catalyst Program and must be submitted to
  781  the President of the Senate, the Speaker of the House of
  782  Representatives, and the corporation by March 31 of the
  783  following year.
  784         Section 16. Paragraph (j) is added to subsection (10) of
  785  section 420.9075, Florida Statutes, to read:
  786         420.9075 Local housing assistance plans; partnerships.—
  787         (10) Each county or eligible municipality shall submit to
  788  the corporation by September 15 of each year a report of its
  789  affordable housing programs and accomplishments through June 30
  790  immediately preceding submittal of the report. The report shall
  791  be certified as accurate and complete by the local government’s
  792  chief elected official or his or her designee. Transmittal of
  793  the annual report by a county’s or eligible municipality’s chief
  794  elected official, or his or her designee, certifies that the
  795  local housing incentive strategies, or, if applicable, the local
  796  housing incentive plan, have been implemented or are in the
  797  process of being implemented pursuant to the adopted schedule
  798  for implementation. The report must include, but is not limited
  799  to:
  800         (j) The number of affordable housing applications
  801  submitted, the number approved, and the number denied.
  802         Section 17. Subsections (2) and (4) of section 420.9076,
  803  Florida Statutes, are amended, and subsection (10) is added to
  804  that section, to read:
  805         420.9076 Adoption of affordable housing incentive
  806  strategies; committees.—
  807         (2) The governing board of a county or municipality shall
  808  appoint the members of the affordable housing advisory
  809  committee. Pursuant to the terms of any interlocal agreement, a
  810  county and municipality may create and jointly appoint an
  811  advisory committee. The local action adopted pursuant to s.
  812  420.9072 which creates the advisory committee and appoints the
  813  advisory committee members must name at least 8 but not more
  814  than 11 committee members and specify their terms. Effective
  815  October 1, 2020, the committee must consist of one locally
  816  elected official from each county or municipality participating
  817  in the State Housing Initiatives Partnership Program and one
  818  representative from at least six of the categories below:
  819         (a) A citizen who is actively engaged in the residential
  820  home building industry in connection with affordable housing.
  821         (b) A citizen who is actively engaged in the banking or
  822  mortgage banking industry in connection with affordable housing.
  823         (c) A citizen who is a representative of those areas of
  824  labor actively engaged in home building in connection with
  825  affordable housing.
  826         (d) A citizen who is actively engaged as an advocate for
  827  low-income persons in connection with affordable housing.
  828         (e) A citizen who is actively engaged as a for-profit
  829  provider of affordable housing.
  830         (f) A citizen who is actively engaged as a not-for-profit
  831  provider of affordable housing.
  832         (g) A citizen who is actively engaged as a real estate
  833  professional in connection with affordable housing.
  834         (h) A citizen who actively serves on the local planning
  835  agency pursuant to s. 163.3174. If the local planning agency is
  836  comprised of the governing board of the county or municipality,
  837  the governing board may appoint a designee who is knowledgeable
  838  in the local planning process.
  839         (i) A citizen who resides within the jurisdiction of the
  840  local governing body making the appointments.
  841         (j) A citizen who represents employers within the
  842  jurisdiction.
  843         (k) A citizen who represents essential services personnel,
  844  as defined in the local housing assistance plan.
  845         (4) Annually Triennially, the advisory committee shall
  846  review the established policies and procedures, ordinances, land
  847  development regulations, and adopted local government
  848  comprehensive plan of the appointing local government and shall
  849  recommend specific actions or initiatives to encourage or
  850  facilitate affordable housing while protecting the ability of
  851  the property to appreciate in value. The recommendations may
  852  include the modification or repeal of existing policies,
  853  procedures, ordinances, regulations, or plan provisions; the
  854  creation of exceptions applicable to affordable housing; or the
  855  adoption of new policies, procedures, regulations, ordinances,
  856  or plan provisions, including recommendations to amend the local
  857  government comprehensive plan and corresponding regulations,
  858  ordinances, and other policies. At a minimum, each advisory
  859  committee shall submit an annual a report to the local governing
  860  body and to the entity providing statewide training and
  861  technical assistance for the Affordable Housing Catalyst Program
  862  which that includes recommendations on, and triennially
  863  thereafter evaluates the implementation of, affordable housing
  864  incentives in the following areas:
  865         (a) The processing of approvals of development orders or
  866  permits for affordable housing projects is expedited to a
  867  greater degree than other projects, as provided in s.
  868  163.3177(6)(f)3.
  869         (b) All allowable fee waivers provided The modification of
  870  impact-fee requirements, including reduction or waiver of fees
  871  and alternative methods of fee payment for the development or
  872  construction of affordable housing.
  873         (c) The allowance of flexibility in densities for
  874  affordable housing.
  875         (d) The reservation of infrastructure capacity for housing
  876  for very-low-income persons, low-income persons, and moderate
  877  income persons.
  878         (e) The allowance of Affordable accessory residential units
  879  in residential zoning districts.
  880         (f) The reduction of parking and setback requirements for
  881  affordable housing.
  882         (g) The allowance of flexible lot configurations, including
  883  zero-lot-line configurations for affordable housing.
  884         (h) The modification of street requirements for affordable
  885  housing.
  886         (i) The establishment of a process by which a local
  887  government considers, before adoption, policies, procedures,
  888  ordinances, regulations, or plan provisions that increase the
  889  cost of housing.
  890         (j) The preparation of a printed inventory of locally owned
  891  public lands suitable for affordable housing.
  892         (k) The support of development near transportation hubs and
  893  major employment centers and mixed-use developments.
  894  
  895  The advisory committee recommendations may also include other
  896  affordable housing incentives identified by the advisory
  897  committee. Local governments that receive the minimum allocation
  898  under the State Housing Initiatives Partnership Program shall
  899  perform an the initial review but may elect to not perform the
  900  annual triennial review.
  901         (10) The locally elected official serving on an advisory
  902  committee, or a locally elected designee, must attend biannual
  903  regional workshops convened and administered under the
  904  Affordable Housing Catalyst Program as provided in s.
  905  420.531(2). If the locally elected official or a locally elected
  906  designee fails to attend three consecutive regional workshops,
  907  the corporation may withhold funds pending the person’s
  908  attendance at the next regularly scheduled biannual meeting.
  909         Section 18. Subsection (4) of section 723.011, Florida
  910  Statutes, is amended to read:
  911         723.011 Disclosure prior to rental of a mobile home lot;
  912  prospectus, filing, approval.—
  913         (4) With regard to a tenancy in existence on the effective
  914  date of this chapter, the prospectus or offering circular
  915  offered by the mobile home park owner must shall contain the
  916  same terms and conditions as rental agreements offered to all
  917  other mobile home owners residing in the park on the effective
  918  date of this act, excepting only rent variations based upon lot
  919  location and size, and may shall not require any mobile home
  920  owner to install any permanent improvements, except that the
  921  mobile home owner may be required to install permanent
  922  improvements to the mobile home as disclosed in the prospectus.
  923         Section 19. Subsection (5) of section 723.012, Florida
  924  Statutes, is amended to read:
  925         723.012 Prospectus or offering circular.—The prospectus or
  926  offering circular, which is required to be provided by s.
  927  723.011, must contain the following information:
  928         (5) A description of the recreational and other common
  929  facilities, if any, that will be used by the mobile home owners,
  930  including, but not limited to:
  931         (a) The number of buildings and each room thereof and its
  932  intended purposes, location, approximate floor area, and
  933  capacity in numbers of people.
  934         (b) Each swimming pool, as to its general location,
  935  approximate size and depths, and approximate deck size and
  936  capacity and whether heated.
  937         (c) All other facilities and permanent improvements that
  938  which will serve the mobile home owners.
  939         (d) A general description of the items of personal property
  940  available for use by the mobile home owners.
  941         (e) A general description of the days and hours that
  942  facilities will be available for use.
  943         (f) A statement as to whether all improvements are complete
  944  and, if not, their estimated completion dates.
  945  
  946  If a mobile home park owner intends to include additional
  947  property and mobile home lots and to increase the number of lots
  948  that will use the shared facilities of the park, the mobile home
  949  park owner must amend the prospectus to disclose such additions.
  950  If the number of mobile home lots in the park increases by more
  951  than 15 percent of the total number of lots in the original
  952  prospectus, the mobile home park owner must reasonably offset
  953  the impact of the additional lots by increasing the shared
  954  facilities. The amendment to the prospectus must include a
  955  reasonable timeframe for providing the required additional
  956  shared facilities. The costs and expenses necessary to increase
  957  the shared facilities may not be passed on or passed through to
  958  the existing mobile home owners.
  959         Section 20. Section 723.023, Florida Statutes, is amended
  960  to read:
  961         723.023 Mobile home owner’s general obligations.—A mobile
  962  home owner shall at all times:
  963         (1) At all times comply with all obligations imposed on
  964  mobile home owners by applicable provisions of building,
  965  housing, and health codes, including compliance with all
  966  building permits and construction requirements for construction
  967  on the mobile home and lot. The home owner is responsible for
  968  all fines imposed by the local government for noncompliance with
  969  any local codes.
  970         (2) At all times keep the mobile home lot that which he or
  971  she occupies clean, neat, and sanitary, and maintained in
  972  compliance with all local codes.
  973         (3) At all times comply with properly promulgated park
  974  rules and regulations and require other persons on the premises
  975  with his or her consent to comply with such rules and to conduct
  976  themselves, and other persons on the premises with his or her
  977  consent, in a manner that does not unreasonably disturb other
  978  residents of the park or constitute a breach of the peace.
  979         (4)Receive written approval from the mobile home park
  980  owner before making any exterior modification or addition to the
  981  home.
  982         (5)When vacating the premises, remove any debris and other
  983  property of any kind which is left on the mobile home lot.
  984         Section 21. Subsection (5) of section 723.031, Florida
  985  Statutes, is amended to read:
  986         723.031 Mobile home lot rental agreements.—
  987         (5) The rental agreement must shall contain the lot rental
  988  amount and services included. An increase in lot rental amount
  989  upon expiration of the term of the lot rental agreement must
  990  shall be in accordance with ss. 723.033 and 723.037 or s.
  991  723.059(4), whichever is applicable;, provided that, pursuant to
  992  s. 723.059(4), the amount of the lot rental increase is
  993  disclosed and agreed to by the purchaser, in writing. An
  994  increase in lot rental amount shall not be arbitrary or
  995  discriminatory between similarly situated tenants in the park. A
  996  lot rental amount may not be increased during the term of the
  997  lot rental agreement, except:
  998         (a) When the manner of the increase is disclosed in a lot
  999  rental agreement with a term exceeding 12 months and which
 1000  provides for such increases not more frequently than annually.
 1001         (b) For pass-through charges as defined in s. 723.003.
 1002         (c) That a charge may not be collected which results in
 1003  payment of money for sums previously collected as part of the
 1004  lot rental amount. The provisions hereof notwithstanding, the
 1005  mobile home park owner may pass on, at any time during the term
 1006  of the lot rental agreement, ad valorem property taxes, non-ad
 1007  valorem assessments, and utility charges, or increases of
 1008  either, provided that the ad valorem property taxes, non-ad
 1009  valorem assessments, and utility charges are not otherwise being
 1010  collected in the remainder of the lot rental amount and provided
 1011  further that the passing on of such ad valorem taxes, non-ad
 1012  valorem assessments, or utility charges, or increases of either,
 1013  was disclosed prior to tenancy, was being passed on as a matter
 1014  of custom between the mobile home park owner and the mobile home
 1015  owner, or such passing on was authorized by law. A park owner is
 1016  deemed to have disclosed the passing on of ad valorem property
 1017  taxes and non-ad valorem assessments if ad valorem property
 1018  taxes or non-ad valorem assessments were disclosed as a separate
 1019  charge or a factor for increasing the lot rental amount in the
 1020  prospectus or rental agreement. Such ad valorem taxes, non-ad
 1021  valorem assessments, and utility charges shall be a part of the
 1022  lot rental amount as defined by this chapter. The term “non-ad
 1023  valorem assessments” has the same meaning as provided in s.
 1024  197.3632(1)(d). Other provisions of this chapter
 1025  notwithstanding, pass-on charges may be passed on only within 1
 1026  year of the date a mobile home park owner remits payment of the
 1027  charge. A mobile home park owner is prohibited from passing on
 1028  any fine, interest, fee, or increase in a charge resulting from
 1029  a park owner’s payment of the charge after the date such charges
 1030  become delinquent. A mobile home park owner is prohibited from
 1031  charging or collecting from the mobile home owners any sum for
 1032  ad valorem taxes or non-ad valorem tax charges in an amount in
 1033  excess of the sums remitted by the park owner to the tax
 1034  collector. Nothing herein shall prohibit a park owner and a
 1035  homeowner from mutually agreeing to an alternative manner of
 1036  payment to the park owner of the charges.
 1037         (d) If a notice of increase in lot rental amount is not
 1038  given 90 days before the renewal date of the rental agreement,
 1039  the rental agreement must remain under the same terms until a
 1040  90-day notice of increase in lot rental amount is given. The
 1041  notice may provide for a rental term shorter than 1 year in
 1042  order to maintain the same renewal date.
 1043         Section 22. Subsection (1) and paragraph (a) of subsection
 1044  (4) of section 723.037, Florida Statutes, are amended to read:
 1045         723.037 Lot rental increases; reduction in services or
 1046  utilities; change in rules and regulations; mediation.—
 1047         (1) A park owner shall give written notice to each affected
 1048  mobile home owner and the board of directors of the homeowners’
 1049  association, if one has been formed, at least 90 days before any
 1050  increase in lot rental amount or reduction in services or
 1051  utilities provided by the park owner or change in rules and
 1052  regulations. The park owner may give notice of all increases in
 1053  lot rental amount for multiple anniversary dates in the same 90
 1054  day notice. The notice must shall identify all other affected
 1055  homeowners, which may be by lot number, name, group, or phase.
 1056  If the affected homeowners are not identified by name, the park
 1057  owner shall make the names and addresses available upon request.
 1058  However, this requirement does not authorize the release of the
 1059  names, addresses, or other private information about the
 1060  homeowners to the association or any other person for any other
 1061  purpose. The home owner’s right to the 90-day notice may not be
 1062  waived or precluded by a home owner, or the homeowners’
 1063  committee, in an agreement with the park owner. Rules adopted as
 1064  a result of restrictions imposed by governmental entities and
 1065  required to protect the public health, safety, and welfare may
 1066  be enforced prior to the expiration of the 90-day period but are
 1067  not otherwise exempt from the requirements of this chapter.
 1068  Pass-through charges must be separately listed as to the amount
 1069  of the charge, the name of the governmental entity mandating the
 1070  capital improvement, and the nature or type of the pass-through
 1071  charge being levied. Notices of increase in the lot rental
 1072  amount due to a pass-through charge must shall state the
 1073  additional payment and starting and ending dates of each pass
 1074  through charge. The homeowners’ association shall have no
 1075  standing to challenge the increase in lot rental amount,
 1076  reduction in services or utilities, or change of rules and
 1077  regulations unless a majority of the affected homeowners agree,
 1078  in writing, to such representation.
 1079         (4)(a) A committee, not to exceed five in number,
 1080  designated by a majority of the affected mobile home owners or
 1081  by the board of directors of the homeowners’ association, if
 1082  applicable, and the park owner shall meet, at a mutually
 1083  convenient time and place no later than 60 days before the
 1084  effective date of the change to discuss the reasons for the
 1085  increase in lot rental amount, reduction in services or
 1086  utilities, or change in rules and regulations. The negotiating
 1087  committee shall make a written request for a meeting with the
 1088  park owner or subdivision developer to discuss those matters
 1089  addressed in the 90-day notice, and may include in the request a
 1090  listing of any other issue, with supporting documentation, that
 1091  the committee intends to raise and discuss at the meeting. The
 1092  committee shall address all lot rental amount increases that are
 1093  specified in the notice of lot rental amount increase,
 1094  regardless of the effective date of the increase.
 1095  
 1096  This subsection is not intended to be enforced by civil or
 1097  administrative action. Rather, the meetings and discussions are
 1098  intended to be in the nature of settlement discussions prior to
 1099  the parties proceeding to mediation of any dispute.
 1100         Section 23. Subsections (5) and (6) are added to section
 1101  723.041, Florida Statutes, to read:
 1102         723.041 Entrance fees; refunds; exit fees prohibited;
 1103  replacement homes.—
 1104         (5) A mobile home park that is damaged or destroyed due to
 1105  wind, water, or other natural force may be rebuilt on the same
 1106  site with the same density as was approved, permitted, and built
 1107  before the park was damaged or destroyed.
 1108         (6) This section does not limit the regulation of the
 1109  uniform firesafety standards established under s. 633.206, but
 1110  supersedes any other density, separation, setback, or lot size
 1111  regulation adopted after initial permitting and construction of
 1112  the mobile home park.
 1113         Section 24. Section 723.042, Florida Statutes, is amended
 1114  to read:
 1115         723.042 Provision of improvements.—A No person may not
 1116  shall be required by a mobile home park owner or developer, as a
 1117  condition of residence in the mobile home park, to provide any
 1118  improvement unless the requirement is disclosed pursuant to s.
 1119  723.012(7) s. 723.011 prior to occupancy in the mobile home
 1120  park.
 1121         Section 25. Section 723.059, Florida Statutes, is amended
 1122  to read:
 1123         723.059 Rights of Purchaser of a mobile home within a
 1124  mobile home park.—
 1125         (1) The purchaser of a mobile home within a mobile home
 1126  park may become a tenant of the park if such purchaser would
 1127  otherwise qualify with the requirements of entry into the park
 1128  under the park rules and regulations, subject to the approval of
 1129  the park owner, but such approval may not be unreasonably
 1130  withheld. The purchaser of the mobile home may cancel or rescind
 1131  the contract for purchase of the mobile home if the purchaser’s
 1132  tenancy has not been approved by the park owner 5 days before
 1133  the closing of the purchase.
 1134         (2) Properly promulgated rules may provide for the
 1135  screening of any prospective purchaser to determine whether or
 1136  not such purchaser is qualified to become a tenant of the park.
 1137         (3) The purchaser of a mobile home who intends to become
 1138  becomes a resident of the mobile home park in accordance with
 1139  this section has the right to assume the remainder of the term
 1140  of any rental agreement then in effect between the mobile home
 1141  park owner and the seller and may assume the seller’s
 1142  prospectus. However, nothing herein shall prohibit a mobile home
 1143  park owner from offering the purchaser of a mobile home any
 1144  approved prospectus shall be entitled to rely on the terms and
 1145  conditions of the prospectus or offering circular as delivered
 1146  to the initial recipient.
 1147         (4) However, nothing herein shall be construed to prohibit
 1148  a mobile home park owner from increasing the rental amount to be
 1149  paid by the purchaser upon the expiration of the assumed rental
 1150  agreement in an amount deemed appropriate by the mobile home
 1151  park owner, so long as such increase is disclosed to the
 1152  purchaser prior to his or her occupancy and is imposed in a
 1153  manner consistent with the purchaser’s initial offering circular
 1154  or prospectus and this act.
 1155         (5) Lifetime leases and the renewal provisions in
 1156  automatically renewable leases, both those existing and those
 1157  entered into after July 1, 1986, are not assumable unless
 1158  otherwise provided in the mobile home lot rental agreement or
 1159  unless the transferee is the home owner’s spouse. The right to
 1160  an assumption of the lease by a spouse may be exercised only one
 1161  time during the term of that lease.
 1162         Section 26. Paragraph (d) of subsection (1) of section
 1163  723.061, Florida Statutes, is amended, and subsection (5) is
 1164  added to that section, to read:
 1165         723.061 Eviction; grounds, proceedings.—
 1166         (1) A mobile home park owner may evict a mobile home owner,
 1167  a mobile home tenant, a mobile home occupant, or a mobile home
 1168  only on one or more of the following grounds:
 1169         (d) Change in use of the land comprising the mobile home
 1170  park, or the portion thereof from which mobile homes are to be
 1171  evicted, from mobile home lot rentals to some other use, if:
 1172         1. The park owner gives written notice to the homeowners’
 1173  association formed and operating under ss. 723.075-723.079 of
 1174  its right to purchase the mobile home park, if the land
 1175  comprising the mobile home park is changing use from mobile home
 1176  lot rentals to a different use, at the price and under the terms
 1177  and conditions set forth in the written notice.
 1178         a. The notice shall be delivered to the officers of the
 1179  homeowners’ association by United States mail. Within 45 days
 1180  after the date of mailing of the notice, the homeowners’
 1181  association may execute and deliver a contract to the park owner
 1182  to purchase the mobile home park at the price and under the
 1183  terms and conditions set forth in the notice. If the contract
 1184  between the park owner and the homeowners’ association is not
 1185  executed and delivered to the park owner within the 45-day
 1186  period, the park owner is under no further obligation to the
 1187  homeowners’ association except as provided in sub-subparagraph
 1188  b.
 1189         b. If the park owner elects to offer or sell the mobile
 1190  home park at a price lower than the price specified in her or
 1191  his initial notice to the officers of the homeowners’
 1192  association, the homeowners’ association has an additional 10
 1193  days to meet the revised price, terms, and conditions of the
 1194  park owner by executing and delivering a revised contract to the
 1195  park owner.
 1196         c. The park owner is not obligated under this subparagraph
 1197  or s. 723.071 to give any other notice to, or to further
 1198  negotiate with, the homeowners’ association for the sale of the
 1199  mobile home park to the homeowners’ association after 6 months
 1200  after the date of the mailing of the initial notice under sub
 1201  subparagraph a.
 1202         2. The park owner gives the affected mobile home owners and
 1203  tenants at least 6 months’ notice of the eviction due to the
 1204  projected change in use and of their need to secure other
 1205  accommodations. Within 20 days after giving an eviction notice
 1206  to a mobile home owner, the park owner must provide the division
 1207  with a copy of the notice. The division must provide the
 1208  executive director of the Florida Mobile Home Relocation
 1209  Corporation with a copy of the notice.
 1210         a. The notice of eviction due to a change in use of the
 1211  land must include in a font no smaller than the body of the
 1212  notice the following statement:
 1213  
 1214  YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME
 1215  RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME
 1216  RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
 1217  AVAILABLE FROM THE FLORIDA DEPARTMENT OF BUSINESS AND
 1218  PROFESSIONAL REGULATION.
 1219  
 1220         b. The park owner may not give a notice of increase in lot
 1221  rental amount within 90 days before giving notice of a change in
 1222  use.
 1223         (5)A park owner who accepts payment of any portion of the
 1224  lot rental amount with actual knowledge of noncompliance after
 1225  notice and termination of the rental agreement due to a
 1226  violation under paragraph (1)(b), paragraph (1)(c), or paragraph
 1227  (1)(e) does not waive the right to terminate the rental
 1228  agreement or the right to bring a civil action for the
 1229  noncompliance, but not for any subsequent or continuing
 1230  noncompliance. Any rent so received must be accounted for at the
 1231  final hearing.
 1232         Section 27. Subsection (1) of section 723.076, Florida
 1233  Statutes, is amended to read:
 1234         723.076 Incorporation; notification of park owner.—
 1235         (1) Upon receipt of its certificate of incorporation, the
 1236  homeowners’ association shall notify the park owner in writing
 1237  of such incorporation and shall advise the park owner of the
 1238  names and addresses of the officers of the homeowners’
 1239  association by personal delivery upon the park owner’s
 1240  representative as designated in the prospectus or by certified
 1241  mail, return receipt requested. Thereafter, the homeowners’
 1242  association shall notify the park owner in writing by certified
 1243  mail, return receipt requested, of any change of names and
 1244  addresses of its president or registered agent. Upon election or
 1245  appointment of new officers or board members, the homeowners’
 1246  association shall notify the park owner in writing by certified
 1247  mail, return receipt requested, of the names and addresses of
 1248  the new officers or board members.
 1249         Section 28. Paragraphs (b) through (e) of subsection (2) of
 1250  section 723.078, Florida Statutes, are amended, and paragraph
 1251  (i) of that subsection is reenacted, to read:
 1252         723.078 Bylaws of homeowners’ associations.—
 1253         (2) The bylaws shall provide and, if they do not, shall be
 1254  deemed to include, the following provisions:
 1255         (b) Quorum; voting requirements; proxies.—
 1256         1. Unless otherwise provided in the bylaws, 30 percent of
 1257  the total membership is required to constitute a quorum.
 1258  Decisions shall be made by a majority of members represented at
 1259  a meeting at which a quorum is present.
 1260         2.a. A member may not vote by general proxy but may vote by
 1261  limited proxies substantially conforming to a limited proxy form
 1262  adopted by the division. Limited proxies and general proxies may
 1263  be used to establish a quorum. Limited proxies may be used for
 1264  votes taken to amend the articles of incorporation or bylaws
 1265  pursuant to this section, and any other matters for which this
 1266  chapter requires or permits a vote of members. A, except that no
 1267  proxy, limited or general, may not be used in the election of
 1268  board members in general elections or elections to fill
 1269  vacancies caused by recall, resignation, or otherwise. Board
 1270  members must be elected by written ballot or by voting in
 1271  person. If a mobile home or subdivision lot is owned jointly,
 1272  the owners of the mobile home or subdivision lot must be counted
 1273  as one for the purpose of determining the number of votes
 1274  required for a majority. Only one vote per mobile home or
 1275  subdivision lot shall be counted. Any number greater than 50
 1276  percent of the total number of votes constitutes a majority.
 1277  Notwithstanding this section, members may vote in person at
 1278  member meetings or by secret ballot, including absentee ballots,
 1279  as defined by the division.
 1280         b.Elections shall be decided by a plurality of the ballots
 1281  cast. There is no quorum requirement; however, at least 20
 1282  percent of the eligible voters must cast a ballot in order to
 1283  have a valid election. A member may not allow any other person
 1284  to cast his or her ballot, and any ballots improperly cast are
 1285  invalid. An election is not required unless there are more
 1286  candidates nominated than vacancies that exist on the board.
 1287         c.Each member or other eligible person who desires to be a
 1288  candidate for the board of directors shall appear on the ballot
 1289  in alphabetical order by surname. A ballot may not indicate if
 1290  any of the candidates are incumbent on the board. All ballots
 1291  must be uniform in appearance. Write-in candidates and more than
 1292  one vote per candidate per ballot are not allowed. A ballot may
 1293  not provide a space for the signature of, or any other means of
 1294  identifying, a voter. If a ballot contains more votes than
 1295  vacancies or fewer votes than vacancies, the ballot is invalid
 1296  unless otherwise stated in the bylaws.
 1297         d.An impartial committee shall be responsible for
 1298  overseeing the election process and complying with all ballot
 1299  requirements. For purposes of this section, the term “impartial
 1300  committee” means a committee whose members do not include any of
 1301  the following people or their spouses:
 1302         (I)Current board members.
 1303         (II)Current association officers.
 1304         (III)Candidates for the association or board.
 1305         e.The association bylaws shall provide a method for
 1306  determining the winner of an election in which two or more
 1307  candidates for the same position receive the same number of
 1308  votes.
 1309         f.The division shall adopt procedural rules to govern
 1310  elections, including, but not limited to, rules for providing
 1311  notice by electronic transmission and rules for maintaining the
 1312  secrecy of ballots.
 1313         3. A proxy is effective only for the specific meeting for
 1314  which originally given and any lawfully adjourned meetings
 1315  thereof. In no event shall any proxy be valid for a period
 1316  longer than 90 days after the date of the first meeting for
 1317  which it was given. Every proxy shall be revocable at any time
 1318  at the pleasure of the member executing it.
 1319         4. A member of the board of directors or a committee may
 1320  submit in writing his or her agreement or disagreement with any
 1321  action taken at a meeting that the member did not attend. This
 1322  agreement or disagreement may not be used as a vote for or
 1323  against the action taken and may not be used for the purposes of
 1324  creating a quorum.
 1325         (c) Board of directors’ and committee meetings.—
 1326         1. Meetings of the board of directors and meetings of its
 1327  committees at which a quorum is present shall be open to all
 1328  members. Notwithstanding any other provision of law, the
 1329  requirement that board meetings and committee meetings be open
 1330  to the members does not apply to meetings between the park owner
 1331  and the board of directors or any of the board’s committees,
 1332  board or committee meetings held for the purpose of discussing
 1333  personnel matters, or meetings between the board or a committee
 1334  and the association’s attorney, with respect to potential or
 1335  pending litigation, when where the meeting is held for the
 1336  purpose of seeking or rendering legal advice, and when where the
 1337  contents of the discussion would otherwise be governed by the
 1338  attorney-client privilege. Notice of all meetings open to
 1339  members shall be posted in a conspicuous place upon the park
 1340  property at least 48 hours in advance, except in an emergency.
 1341  Notice of any meeting in which dues assessments against members
 1342  are to be considered for any reason shall specifically contain a
 1343  statement that dues assessments will be considered and the
 1344  nature of such dues assessments.
 1345         2. A board or committee member’s participation in a meeting
 1346  via telephone, real-time videoconferencing, or similar real-time
 1347  telephonic, electronic, or video communication counts toward a
 1348  quorum, and such member may vote as if physically present. A
 1349  speaker shall be used so that the conversation of those board or
 1350  committee members attending by telephone may be heard by the
 1351  board or committee members attending in person, as well as by
 1352  members present at a meeting.
 1353         3. Members of the board of directors may use e-mail as a
 1354  means of communication but may not cast a vote on an association
 1355  matter via e-mail.
 1356         4. The right to attend meetings of the board of directors
 1357  and its committees includes the right to speak at such meetings
 1358  with reference to all designated agenda items. The association
 1359  may adopt reasonable written rules governing the frequency,
 1360  duration, and manner of members’ statements. Any item not
 1361  included on the notice may be taken up on an emergency basis by
 1362  at least a majority plus one of the members of the board. Such
 1363  emergency action shall be noticed and ratified at the next
 1364  regular meeting of the board. Any member may tape record or
 1365  videotape meetings of the board of directors and its committees,
 1366  except meetings between the board of directors or its appointed
 1367  homeowners’ committee and the park owner. The division shall
 1368  adopt reasonable rules governing the tape recording and
 1369  videotaping of the meeting.
 1370         5. Except as provided in paragraph (i), a vacancy occurring
 1371  on the board of directors may be filled by the affirmative vote
 1372  of the majority of the remaining directors, even though the
 1373  remaining directors constitute less than a quorum; by the sole
 1374  remaining director; if the vacancy is not so filled or if no
 1375  director remains, by the members; or, on the application of any
 1376  person, by the circuit court of the county in which the
 1377  registered office of the corporation is located.
 1378         6. The term of a director elected or appointed to fill a
 1379  vacancy expires at the next annual meeting at which directors
 1380  are elected. A directorship to be filled by reason of an
 1381  increase in the number of directors may be filled by the board
 1382  of directors, but only for the term of office continuing until
 1383  the next election of directors by the members.
 1384         7. A vacancy that will occur at a specific later date, by
 1385  reason of a resignation effective at a later date, may be filled
 1386  before the vacancy occurs. However, the new director may not
 1387  take office until the vacancy occurs.
 1388         8.a. The officers and directors of the association have a
 1389  fiduciary relationship to the members.
 1390         b. A director and committee member shall discharge his or
 1391  her duties in good faith, with the care an ordinarily prudent
 1392  person in a like position would exercise under similar
 1393  circumstances, and in a manner he or she reasonably believes to
 1394  be in the best interests of the corporation.
 1395         9. In discharging his or her duties, a director may rely on
 1396  information, opinions, reports, or statements, including
 1397  financial statements and other financial data, if prepared or
 1398  presented by:
 1399         a. One or more officers or employees of the corporation who
 1400  the director reasonably believes to be reliable and competent in
 1401  the matters presented;
 1402         b. Legal counsel, public accountants, or other persons as
 1403  to matters the director reasonably believes are within the
 1404  persons’ professional or expert competence; or
 1405         c. A committee of the board of directors of which he or she
 1406  is not a member if the director reasonably believes the
 1407  committee merits confidence.
 1408         10. A director is not acting in good faith if he or she has
 1409  knowledge concerning the matter in question that makes reliance
 1410  otherwise permitted by subparagraph 9. unwarranted.
 1411         11. A director is not liable for any action taken as a
 1412  director, or any failure to take any action, if he or she
 1413  performed the duties of his or her office in compliance with
 1414  this section.
 1415         (d) Member meetings.—Members shall meet at least once each
 1416  calendar year, and the meeting shall be the annual meeting. All
 1417  members of the board of directors shall be elected at the annual
 1418  meeting unless the bylaws provide for staggered election terms
 1419  or for their election at another meeting. The bylaws shall not
 1420  restrict any member desiring to be a candidate for board
 1421  membership from being nominated from the floor. All nominations
 1422  from the floor must be made at a duly noticed meeting of the
 1423  members held at least 27 30 days before the annual meeting. The
 1424  bylaws shall provide the method for calling the meetings of the
 1425  members, including annual meetings. The method shall provide at
 1426  least 14 days’ written notice to each member in advance of the
 1427  meeting and require the posting in a conspicuous place on the
 1428  park property of a notice of the meeting at least 14 days prior
 1429  to the meeting. The right to receive written notice of
 1430  membership meetings may be waived in writing by a member. Unless
 1431  waived, the notice of the annual meeting shall be mailed, hand
 1432  delivered, or electronically transmitted to each member, and
 1433  shall constitute notice. Unless otherwise stated in the bylaws,
 1434  an officer of the association shall provide an affidavit
 1435  affirming that the notices were mailed, or hand delivered, or
 1436  provided by electronic transmission in accordance with the
 1437  provisions of this section to each member at the address last
 1438  furnished to the corporation. These meeting requirements do not
 1439  prevent members from waiving notice of meetings or from acting
 1440  by written agreement without meetings, if allowed by the bylaws.
 1441         (e) Minutes of meetings.—
 1442         1. Notwithstanding any other provision of law, the minutes
 1443  of board or committee meetings that are closed to members are
 1444  privileged and confidential and are not available for inspection
 1445  or photocopying.
 1446         2. Minutes of all meetings of members of an association and
 1447  meetings open to members of, the board of directors, and a
 1448  committee of the board must be maintained in written form and
 1449  approved by the members, board, or committee, as applicable. A
 1450  vote or abstention from voting on each matter voted upon for
 1451  each director present at a board meeting must be recorded in the
 1452  minutes.
 1453         3.2. All approved minutes of open meetings of members,
 1454  committees, and the board of directors shall be kept in a
 1455  businesslike manner and shall be available for inspection by
 1456  members, or their authorized representatives, and board members
 1457  at reasonable times. The association shall retain these minutes
 1458  within this state for a period of at least 5 7 years.
 1459         (i) Recall of board members.—Any member of the board of
 1460  directors may be recalled and removed from office with or
 1461  without cause by the vote of or agreement in writing by a
 1462  majority of all members. A special meeting of the members to
 1463  recall a member or members of the board of directors may be
 1464  called by 10 percent of the members giving notice of the meeting
 1465  as required for a meeting of members, and the notice shall state
 1466  the purpose of the meeting. Electronic transmission may not be
 1467  used as a method of giving notice of a meeting called in whole
 1468  or in part for this purpose.
 1469         1. If the recall is approved by a majority of all members
 1470  by a vote at a meeting, the recall is effective as provided in
 1471  this paragraph. The board shall duly notice and hold a board
 1472  meeting within 5 full business days after the adjournment of the
 1473  member meeting to recall one or more board members. At the
 1474  meeting, the board shall either certify the recall, in which
 1475  case such member or members shall be recalled effective
 1476  immediately and shall turn over to the board within 5 full
 1477  business days any and all records and property of the
 1478  association in their possession, or shall proceed under
 1479  subparagraph 3.
 1480         2. If the proposed recall is by an agreement in writing by
 1481  a majority of all members, the agreement in writing or a copy
 1482  thereof shall be served on the association by certified mail or
 1483  by personal service in the manner authorized by chapter 48 and
 1484  the Florida Rules of Civil Procedure. The board of directors
 1485  shall duly notice and hold a meeting of the board within 5 full
 1486  business days after receipt of the agreement in writing. At the
 1487  meeting, the board shall either certify the written agreement to
 1488  recall members of the board, in which case such members shall be
 1489  recalled effective immediately and shall turn over to the board,
 1490  within 5 full business days, any and all records and property of
 1491  the association in their possession, or shall proceed as
 1492  described in subparagraph 3.
 1493         3. If the board determines not to certify the written
 1494  agreement to recall members of the board, or does not certify
 1495  the recall by a vote at a meeting, the board shall, within 5
 1496  full business days after the board meeting, file with the
 1497  division a petition for binding arbitration pursuant to the
 1498  procedures of s. 723.1255. For purposes of this paragraph, the
 1499  members who voted at the meeting or who executed the agreement
 1500  in writing shall constitute one party under the petition for
 1501  arbitration. If the arbitrator certifies the recall of a member
 1502  of the board, the recall shall be effective upon mailing of the
 1503  final order of arbitration to the association. If the
 1504  association fails to comply with the order of the arbitrator,
 1505  the division may take action under s. 723.006. A member so
 1506  recalled shall deliver to the board any and all records and
 1507  property of the association in the member’s possession within 5
 1508  full business days after the effective date of the recall.
 1509         4. If the board fails to duly notice and hold a board
 1510  meeting within 5 full business days after service of an
 1511  agreement in writing or within 5 full business days after the
 1512  adjournment of the members’ recall meeting, the recall shall be
 1513  deemed effective and the board members so recalled shall
 1514  immediately turn over to the board all records and property of
 1515  the association.
 1516         5. If the board fails to duly notice and hold the required
 1517  meeting or fails to file the required petition, the member’s
 1518  representative may file a petition pursuant to s. 723.1255
 1519  challenging the board’s failure to act. The petition must be
 1520  filed within 60 days after expiration of the applicable 5-full
 1521  business-day period. The review of a petition under this
 1522  subparagraph is limited to the sufficiency of service on the
 1523  board and the facial validity of the written agreement or
 1524  ballots filed.
 1525         6. If a vacancy occurs on the board as a result of a recall
 1526  and less than a majority of the board members are removed, the
 1527  vacancy may be filled by the affirmative vote of a majority of
 1528  the remaining directors, notwithstanding any other provision of
 1529  this chapter. If vacancies occur on the board as a result of a
 1530  recall and a majority or more of the board members are removed,
 1531  the vacancies shall be filled in accordance with procedural
 1532  rules to be adopted by the division, which rules need not be
 1533  consistent with this chapter. The rules must provide procedures
 1534  governing the conduct of the recall election as well as the
 1535  operation of the association during the period after a recall
 1536  but before the recall election.
 1537         7. A board member who has been recalled may file a petition
 1538  pursuant to s. 723.1255 challenging the validity of the recall.
 1539  The petition must be filed within 60 days after the recall is
 1540  deemed certified. The association and the member’s
 1541  representative shall be named as the respondents.
 1542         8. The division may not accept for filing a recall
 1543  petition, whether or not filed pursuant to this subsection, and
 1544  regardless of whether the recall was certified, when there are
 1545  60 or fewer days until the scheduled reelection of the board
 1546  member sought to be recalled or when 60 or fewer days have not
 1547  elapsed since the election of the board member sought to be
 1548  recalled.
 1549         Section 29. Paragraphs (d) and (f) through (i) of
 1550  subsection (4) and subsection (5) of section 723.079, Florida
 1551  Statutes, are amended to read:
 1552         723.079 Powers and duties of homeowners’ association.—
 1553         (4) The association shall maintain the following items,
 1554  when applicable, which constitute the official records of the
 1555  association:
 1556         (d) The approved minutes of all meetings of the members of
 1557  an association and meetings open for members of, the board of
 1558  directors, and committees of the board, which minutes must be
 1559  retained within this the state for at least 5 7 years.
 1560         (f) All of the association’s insurance policies or copies
 1561  thereof, which must be retained within this state for at least 5
 1562  7 years after the expiration date of the policy.
 1563         (g) A copy of all contracts or agreements to which the
 1564  association is a party, including, without limitation, any
 1565  written agreements with the park owner, lease, or other
 1566  agreements or contracts under which the association or its
 1567  members has any obligation or responsibility, which must be
 1568  retained within this state for at least 5 7 years after the
 1569  expiration date of the contract or agreement.
 1570         (h) The financial and accounting records of the
 1571  association, kept according to good accounting practices. All
 1572  financial and accounting records must be maintained within this
 1573  state for a period of at least 5 7 years. The financial and
 1574  accounting records must include:
 1575         1. Accurate, itemized, and detailed records of all receipts
 1576  and expenditures.
 1577         2. A current account and a periodic statement of the
 1578  account for each member, designating the name and current
 1579  address of each member who is obligated to pay dues or
 1580  assessments, the due date and amount of each assessment or other
 1581  charge against the member, the date and amount of each payment
 1582  on the account, and the balance due.
 1583         3. All tax returns, financial statements, and financial
 1584  reports of the association.
 1585         4. Any other records that identify, measure, record, or
 1586  communicate financial information.
 1587         (i) All other written records of the association not
 1588  specifically included in the foregoing which are related to the
 1589  operation of the association must be retained within this state
 1590  for at least 5 years or at least 5 years after the expiration
 1591  date, as applicable.
 1592         (5) The official records shall be maintained within the
 1593  state for at least 7 years and shall be made available to a
 1594  member for inspection or photocopying within 20 10 business days
 1595  after receipt by the board or its designee of a written request
 1596  submitted by certified mail, return receipt requested. The
 1597  requirements of this subsection are satisfied by having a copy
 1598  of the official records available for inspection or copying in
 1599  the park or, at the option of the association, by making the
 1600  records available to a member electronically via the Internet or
 1601  by allowing the records to be viewed in electronic format on a
 1602  computer screen and printed upon request. If the association has
 1603  a photocopy machine available where the records are maintained,
 1604  it must provide a member with copies on request during the
 1605  inspection if the entire request is no more than 25 pages. An
 1606  association shall allow a member or his or her authorized
 1607  representative to use a portable device, including a smartphone,
 1608  tablet, portable scanner, or any other technology capable of
 1609  scanning or taking photographs, to make an electronic copy of
 1610  the official records in lieu of the association’s providing the
 1611  member or his or her authorized representative with a copy of
 1612  such records. The association may not charge a fee to a member
 1613  or his or her authorized representative for the use of a
 1614  portable device.
 1615         (a) The failure of an association to provide access to the
 1616  records within 20 10 business days after receipt of a written
 1617  request submitted by certified mail, return receipt requested,
 1618  creates a rebuttable presumption that the association willfully
 1619  failed to comply with this subsection.
 1620         (b) A member who is denied access to official records is
 1621  entitled to the actual damages or minimum damages for the
 1622  association’s willful failure to comply with this subsection in
 1623  the amount of. The minimum damages are to be $10 per calendar
 1624  day up to 10 days, not to exceed $100. The calculation for
 1625  damages begins to begin on the 21st 11th business day after
 1626  receipt of the written request, submitted by certified mail,
 1627  return receipt requested.
 1628         (c) A dispute between a member and an association regarding
 1629  inspecting or photocopying official records must be submitted to
 1630  mandatory binding arbitration with the division, and the
 1631  arbitration must be conducted pursuant to s. 723.1255 and
 1632  procedural rules adopted by the division.
 1633         (d) The association may adopt reasonable written rules
 1634  governing the frequency, time, location, notice, records to be
 1635  inspected, and manner of inspections, but may not require a
 1636  member to demonstrate a proper purpose for the inspection, state
 1637  a reason for the inspection, or limit a member’s right to
 1638  inspect records to less than 1 business day per month. The
 1639  association may impose fees to cover the costs of providing
 1640  copies of the official records, including the costs of copying
 1641  and for personnel to retrieve and copy the records if the time
 1642  spent retrieving and copying the records exceeds 30 minutes and
 1643  if the personnel costs do not exceed $20 per hour. Personnel
 1644  costs may not be charged for records requests that result in the
 1645  copying of 25 or fewer pages. The association may charge up to
 1646  25 cents per page for copies made on the association’s
 1647  photocopier. If the association does not have a photocopy
 1648  machine available where the records are kept, or if the records
 1649  requested to be copied exceed 25 pages in length, the
 1650  association may have copies made by an outside duplicating
 1651  service and may charge the actual cost of copying, as supported
 1652  by the vendor invoice. The association shall maintain an
 1653  adequate number of copies of the recorded governing documents,
 1654  to ensure their availability to members and prospective members.
 1655  Notwithstanding this paragraph, the following records are not
 1656  accessible to members or home owners:
 1657         1. A record protected by the lawyer-client privilege as
 1658  described in s. 90.502 and a record protected by the work
 1659  product privilege, including, but not limited to, a record
 1660  prepared by an association attorney or prepared at the
 1661  attorney’s express direction which reflects a mental impression,
 1662  conclusion, litigation strategy, or legal theory of the attorney
 1663  or the association and which was prepared exclusively for civil
 1664  or criminal litigation, for adversarial administrative
 1665  proceedings, or in anticipation of such litigation or
 1666  proceedings until the conclusion of the litigation or
 1667  proceedings.
 1668         2. E-mail addresses, telephone numbers, facsimile numbers,
 1669  emergency contact information, any addresses for a home owner
 1670  other than as provided for association notice requirements, and
 1671  other personal identifying information of any person, excluding
 1672  the person’s name, lot designation, mailing address, and
 1673  property address. Notwithstanding the restrictions in this
 1674  subparagraph, an association may print and distribute to home
 1675  owners a directory containing the name, park address, and
 1676  telephone number of each home owner. However, a home owner may
 1677  exclude his or her telephone number from the directory by so
 1678  requesting in writing to the association. The association is not
 1679  liable for the disclosure of information that is protected under
 1680  this subparagraph if the information is included in an official
 1681  record of the association and is voluntarily provided by a home
 1682  owner and not requested by the association.
 1683         3. An electronic security measure that is used by the
 1684  association to safeguard data, including passwords.
 1685         4. The software and operating system used by the
 1686  association which allows the manipulation of data, even if the
 1687  home owner owns a copy of the same software used by the
 1688  association. The data is part of the official records of the
 1689  association.
 1690         Section 30. Section 723.1255, Florida Statutes, is amended
 1691  to read:
 1692         723.1255 Alternative resolution of recall, election, and
 1693  inspection and photocopying of official records disputes.—
 1694         (1)A dispute between a mobile home owner and a homeowners’
 1695  association regarding the election and recall of officers or
 1696  directors under s. 723.078(2)(b) or regarding the inspection and
 1697  photocopying of official records under s. 723.079(5) must be
 1698  submitted to mandatory binding arbitration with the division.
 1699  The arbitration shall be conducted in accordance with this
 1700  section and the procedural rules adopted by the division.
 1701         (2)Each party shall be responsible for paying its own
 1702  attorney fees, expert and investigator fees, and associated
 1703  costs. The cost of the arbitrators shall be divided equally
 1704  between the parties regardless of the outcome.
 1705         (3)The division shall adopt procedural rules to govern
 1706  mandatory binding arbitration proceedings The Division of
 1707  Florida Condominiums, Timeshares, and Mobile Homes of the
 1708  Department of Business and Professional Regulation shall adopt
 1709  rules of procedure to govern binding recall arbitration
 1710  proceedings.
 1711         Section 31. For the purpose of incorporating the amendment
 1712  made by this act to section 420.5087, Florida Statutes, in a
 1713  reference thereto, paragraph (i) of subsection (22) of section
 1714  420.507, Florida Statutes, is reenacted to read:
 1715         420.507 Powers of the corporation.—The corporation shall
 1716  have all the powers necessary or convenient to carry out and
 1717  effectuate the purposes and provisions of this part, including
 1718  the following powers which are in addition to all other powers
 1719  granted by other provisions of this part:
 1720         (22) To develop and administer the State Apartment
 1721  Incentive Loan Program. In developing and administering that
 1722  program, the corporation may:
 1723         (i) Establish, by rule, the procedure for competitively
 1724  evaluating and selecting all applications for funding based on
 1725  the criteria set forth in s. 420.5087(6)(c), determining actual
 1726  loan amounts, making and servicing loans, and exercising the
 1727  powers authorized in this subsection.
 1728         Section 32. For the purpose of incorporating the amendment
 1729  made by this act to section 420.5095, Florida Statutes, in a
 1730  reference thereto, subsection (2) of section 193.018, Florida
 1731  Statutes, is reenacted to read:
 1732         193.018 Land owned by a community land trust used to
 1733  provide affordable housing; assessment; structural improvements,
 1734  condominium parcels, and cooperative parcels.—
 1735         (2) A community land trust may convey structural
 1736  improvements, condominium parcels, or cooperative parcels, that
 1737  are located on specific parcels of land that are identified by a
 1738  legal description contained in and subject to a ground lease
 1739  having a term of at least 99 years, for the purpose of providing
 1740  affordable housing to natural persons or families who meet the
 1741  extremely-low-income, very-low-income, low-income, or moderate
 1742  income limits specified in s. 420.0004, or the income limits for
 1743  workforce housing, as defined in s. 420.5095(3). A community
 1744  land trust shall retain a preemptive option to purchase any
 1745  structural improvements, condominium parcels, or cooperative
 1746  parcels on the land at a price determined by a formula specified
 1747  in the ground lease which is designed to ensure that the
 1748  structural improvements, condominium parcels, or cooperative
 1749  parcels remain affordable.
 1750         Section 33. This act shall take effect July 1, 2020.

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