AHAC Agenda 01/17/2023Collier County
Affordable Housing Advisory Committee (AHAC)
AGENDA
Growth Management Community Development Department
Conference Rooms 609/610
2800 N. Horseshoe Dr., Naples, FL 34104
January 17th, 2023, 8:30 A.M.
AHAC MEMBERS
Joe Trachtenberg, Chair
Commissioner Chris Hall, Member
Steve Hruby, Member
Jessica Brinkert, Member
Mary Waller, Member
Arol Buntzman, Member
John Harney, Member
Todd Lyon, Member
Jennifer Faron, Member
Paul Shea, Member
Gary Hains, Member
COLLIER COUNTY STAFF
Michael Bosi, Director, Planning & Zoning
Cormac Giblin, Interim Director, Economic Development and Housing
Julie Chardon, Operations Coordinator, CHS
Chris Montolio, Operations Analyst, Economic Development & Housing
Kelly Green, Accountant, Economic Development & Housing
NOTE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING.
ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN. DURING COMMITTEE DISCUSSION, COMMITTEE MEMBERS MAY ASK DIRECT QUESTIONS
TO INDIVIDUALS. PLEASE WAIT TO BE RECOGNIZED BY THE CHAIRMAN AND STATE YOUR NAME AND
AFFILIATION FOR THE RECORD BEFORE COMMENTING.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ACCOMMODATION IN ORDER TO PARTICIPATE
IN THIS MEETING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE.
PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT. ASSISTED LISTENING
DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONER'S OFFICE.
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE
2. ROLL CALL OF COMMITTEE MEMBERS AND STAFF
3. APPROVAL OF AGENDA AND MINUTES
a. Approval of today's agenda
b. Approval of December 201h, 2022, AHAC meeting minutes
C. 2023 AHAC Chair and Vice Chair nominations and vote
4. INFORMATIONAL ITEMS AND PRESENTATION
a. Staffing Changes
b. 2023 January Apartment Survey
5. PUBLIC COMMENT
a. Persons wishing to speak must register prior to speaking. All
registered speakers will receive up to three (3) minutes unless
the time is adjusted by the Chairman.
6. DISCUSSION ITEMS
a. AHAC Bylaws/ Ad -Hoc Committee
b. Update on Surtax Funding/ Developer Requests
C. Workshop Dates with Growth Management Staff
d. Housing Plan Recommendations - BCC Agenda Item request
7. STAFF AND COMMITTEE GENERAL COMMUNICATIONS
8. NEW BUSINESS
9. ADJOURN
10. NEXT AHAC MEETING DATE AND LOCATION: February 211h, 2023, 8:30A.M. at
Conference Room 609/610- Growth Management Department
MINUTES OF
THE COLLIER COUNTY
AFFORDABLE HOUSING ADVISORY COMMITTEE
December 201", 2022
8:30 A.M.
Naples, Florida
LET IT BE REMEMBERED that the Collier County Affordable Housing Advisory Committee met on this
date at 8:30 A.M. in a WORKING SESSION in Conference Room 609/610 located at 2800 North
Horseshoe Dr. Naples, FL 34104, with the following Members present:
ALSO PRESENT:
Present: Mary Waller
John Harney
Joe Trachtenberg — Chair
Comm. Chris Hall
Paul Shea
Jennifer Faron
Arol Buntzman
Stephen Hruby
Excused: Gary Hains
Jessica Brinkert
Todd Lyon
Unexcused:
Jacob LaRow, Director Economic Development and Housing Division- GMD
Michael Bosi, Director, Planning & Zoning
Jamie Cook, Director, Development Review
Donald Luciano, Manager Federal & State Grant Operations-CHS
Chris Montolio, Operations Analyst, Economic Development & Housing
Julie Chardon, Operations Support Specialist - CHS
OTHERS PRESENT; Louise Jarvis; Kelly Green, GMD; Michael Puchalla, HELP; Katerina Pelic, Clerks Office;
Betty Schwartz; League of Women's Voters; Ted Blankenship, City of Naples; Chris Watson, GMD;
Michael Dalby, Naples Chamber of Commerce, Samantha Roesler; Gulf Shore Business.
1. CALL TO ORDER
Joe Trachtenberg called the meeting to order at 8:30 a.m. He read the procedures which was
followed by the Pledge of Allegiance.
2. ROLL CALL —COMMITTEE MEMBERS AND STAFF
Julie Chardon led with Roll Call.
There were 7 active members present when the meeting, therefore a quorum was established.
One member (Commissioner Chris Hall) arrived at 8:46 am bringing the final total to 8 members
present.
3. APPROVAL OF AGENDA AND MINUTES
a. Joe Trachtenberg made a motion to approve the agenda. The motion was seconded by John
Harney. The motion passed by a vote of 7-0.
b. A motion was made by Joe Trachtenberg to approve the minutes from the November 151h, 2022,
meeting of and was seconded by Steve Hruby.
c. A Motion to amend the minutes was requested by Mary Waller. Wanted to include the list of
properties that has been requested in previous meetings. Joe Trachtenberg seconded;
Motion passed 7-0.
4. INFORMATIONAL ITEMS AND PRESENTATION
a. AHAC Incentives- Mike Bosi addressed AHAC on what he believes are the key components AHAC
should be focusing on. Four initiatives were brought up that were part of a housing plan created
more than five years ago but has had no clear structure on how they should be developed. The first
initiative is an increase in housing units within the county's activity centers from 16 units per acre to
25 for affordable housing projects, the second is the process of converting commercial zones to
residential to not require a public hearing, the third involves providing developers incentives to
build along transit lines near major traffic arteries, and lastly focusing on strategic opportunity sites
near big corporate companies which could benefit from having multifamily units near their
campuses. Out of these four initiatives that need to get brought before the BCC, Mike Bosi feels the
one with the most benefit for affordable housing is the increase in housing units within the county's
activity centers from 16 units per acre to 25 for affordable housing projects. Due to the nature of
developers building out and a shift to more online shopping, the 22 activity centers designated in
the county to be shopping centers can be relooked at. Increasing to 25 units which would only be a
four-story building can help incentivizes private developers. Mike Bosi asked if Chris Hall, at the
January 10th BCC Meeting, can address the commissioners on when they can have a discussion of
the four initiates. Joe Trachtenberg wanted to provide an unpaid advertisement to a forum that is
taking place on January 11th, 2023. Major city organizations such as the Sheriff's office, Naples Daily
news, and Arthrex will be voicing their concerns on the Affordable Housing crisis going on in our
community.
Jacob LaRow provided the email to the committee that he had previously sent. This email contained
the Vacant Property list and links to maps that show what could happen if the four initiatives were
adopted.
Joe Trachtenberg brought up difficulties trying to get the board to look at the McDowell Housing
Project that was presented at the November 15th AHAC Meeting. He wants to get county staff
started on looking at a process on how to develop the 20 million surtax funding that lacks structure.
Mike Bosi clarified that the 20 million needs to be spent on land and wants to know what's the land
acquisition strategy. Jamie French and staff are in the beginning stages but noted how can we
identify the right acquisition process? And how much jeopardy will be caused having to rezone and
present it to the BCC? Jacob LaRow brought up house bill 1339 that can provide affordable housing
without rezones. There will be more conversations with this topic on further development of this
process.
Chris Hall wants to get something done and has been listening to both sides of the stories. He wants
viable options and viable solutions presented to the BCC. Chris Hall expressed how he knows about
the struggles of long commutes because he too couldn't afford to live close to where he worked and
wants to help Collier County.
Joe Trachtenberg and Mary Waller would like if Jamie French and Mike Bosi come back to next
months AHAC and propose some rules on how the 20 million should be utilized and call for
proposals to see projects.
AHAC Charter- Joe Trachtenberg presented an item in the beginning of the meeting on creating a
charter for AHAC. He will bring this item up at the January 171h, 2023, meeting but asked Julie
Chardon to reach out to the Housing Alliance group and get sample charters from other AHAC to
have available for the next meeting. At our next AHAC meeting Joe Trachtenberg will appoint an
AHAC Committee.
Mike Bosi notified AHAC that Jacob LaRow is leaving the county and that this will be his last meeting.
Joe Trachtenberg and AHAC members thanked him for all his efforts and for all that he did for the
Committee.
5. PUBLIC COMMENT
a. Michael Puchalla- Executive Director with Collier County Community Land Trust and with HELP. HELP
is a local nonprofit organization that help individuals gain housing. He just wanted to make a quick
note that he is here to be part of the solution and make sure with acquiring land and working with
developers the land that's slated to be affordable doesn't get phased out. He tasked himself with
creating an income certification process that builders can come forward and utilize. He will share
the Income Certification process with the group.
6. DISCUSSION ITEMS
a. 2023 AHAC Calendar- Joe Trachtenberg questioned if a vote should be taken to have the next
meeting be for New Member Orientation or have a separate meeting for it. He wants to include staff
from Growth Management and AHAC members. Joe Trachtenberg asked Mike Bosi to purpose an
orientation schedule with what AHAC should know from GMD and what members who should be
there. Mike Bosi did advise the meeting may take place in late January into February. It was agreed
that the January meeting will be a regular working meeting and a separate orientation meeting will
be held later.
b. 2023 Grant Cycle Update- Donald Luciano, Federal and State manager for CHS gave an update on
the two Grant Cycles. They're finishing up one cycle and have new HOME -ARP funding which has
five applicants with seven projects. One of the included projects is the Rural Neighborhoods Golf
Course ($2.3 million). For 2023, CHS just sent their new application to their software vendor and will
have the applications opened on January 101h. Looking towards the first week of March after the
process has been done to have projects listed for the 2023 cycle.
7. STAFF AND GENERAL COMMUNICATIONS
a. Update on Rural Neighborhoods Golf Course- Jennifer Faron requested an update on the progress of
the project. She noted its rare to see a non -for profit handle a project of this size, usually it's for profit.
Jacob LaRow clarified that Steve Kirk is awaiting more funds that will make its way to the BCC in
February/ March. Jamie Cook gave an update on issues that County staff are working on. Since land
was previously a golf course, they are making sure the land is not contaminated due to chemicals used
in the past. GMD staff is also awaiting a site development plan from the developers.
Jennifer Faron questioned if we picked the right developer since large amounts of money has been
donated and invested in this process and no plan has come forward from the developer.
Steve Hruby mentioned a Non -Profit developer was used due to fact a for -profit developer would
potentially take advantage of making a profit. Jennifer Faron brought up looking into the 990's of
some largest Non -for Profits housing developers.
Donald Luciano will follow up with Steve Kirk to see if they can get the site development plan moving.
8. ADJOURN
There being no further business for the good of the County, the meeting was adjourned at 10:50 a.m.
NEXT MEETING: THE NEXT REGULARLY SCHEDULED MEETING WILL BE HELD ON THE THIRD TUESDAY ON JANUARY
17TH, 2023, AT 8:30 A.M.
Location: Conference Room 609/610-Growth Management Department 2800 N. Horseshoe
COLLIER COUNTY AFFORDABLE HOUSING ADVISORY
COMMITTEE
Joe Trachtenberg, Chairman
The foregoing Minutes were approved by Committee Chair on 2023, "as
submitted" [_] OR "as amended" [_].
Collier County Community and Human Services Division ry Pw "<Pme rvLn: Meant a h.d.hPm earning mween 30%and 5D%Ntk. Area Median In Pme
Quarterly Rental Apartment Inventory Survey January, 2023 LPwIn<0mean.Mean.ahPnrehPideamingl>et-50%and8-the-Memo I-.
***Information deemed reliable
but should be inde endentl
verified***
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W Whistlers Care Blvd, Napla, FL 34113
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Naples Current Report Prior Report Prior. Qtr. Prior Year Current Qtr. Prior Report Prior Report Current Qtr. Prior Report Prior Report Current Qtr. Prior Report Prior Report
1-Bed 2-Bed 3 -Bed Jan-23 22-Oct Jul-22 Oct-21 Jan-23 Oct-22 Oct-22 Jan-23 Oct-22 Oct-22 Jan-23 Oct-22 Oct-22
MPrlian - FI I
Median -VLI
$925.00
$1038.00
$1204.00
2
3
5
0
$925.00
$925.00
0%
$1038.00
$927.50
$0.12
$1204.00
$1202.50
0.12%
Median -LI
$1055.50
$1'67.00
$1464.00
16
15
14
23
$1055.50
$1059.50
-0.38%
$1267.00
$1267.00
0.00%
$1464.00
$1476.00
-0.81%
Median - Moderate
$1916.50
$2367.00
$2820.00
19
24
24
17
$1916.50
$1955.00
2.76%
$2367.00
$2300.00
2.91%
$2820.00
$2909.00
-3.06%
Median- Market
$2 387.00
$2 923.00
$3 628.00
17
11
9
10
$2 387.00
$2 241.00
8.50%
$2 923.00
$3 000.00
-257%
$3 628.00
$4 000.00
-930%
Median-
$1486.00
$1817.00
$2142.00
Total
54
53
52
50
Ittunokalee
1-RPA I-RPA ? -AM (-v-,R-- Pri-R- Pnnr Ol Pnnr Vear
Very Low -Income (VLI): Means a household earning between 30%and 50%of the Area Median Income
Low -Income (LI): Means a household earning between 50%and 80%of the Area Median Income
Moderate Income (MI): Means a household earning between 80 and 120% of the Area Median Income
Florida Housing
III. Affordable Housing Advisory Committee
Overview
Affordable Housing Advisory Committee (AHAC)
A SHIP jurisdiction is statutorily required to assemble the initial Affordable Housing Advisory
Committee when it first begins receiving SHIP funds. It is then required to annually convene
the AHAC to review its earlier plan(s) and complete a Housing Incentive Strategies report that
recommends affordable housing regulatory incentives to the local governing body.
Jurisdictions receiving $350,000 or less in SHIP funding are exempt from the annual review
but still must complete an initial review.
The work of the AHAC is summarized in this excerpt from s. 420.9076(4) of the Florida
Statutes:
"Annually, the advisory committee shall . ..recommend specific actions or initiatives to
encourage or facilitate affordable housing while protecting the ability of the property to
appreciate in value. The recommendations may include the modification or repeal of existing
policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions
applicable to affordable housing; or the adoption of new policies, procedures, regulations,
ordinances, or plan provisions."
Sec. 420.9076, Florida Statutes, outlines the AHAC requirements, including the deadlines
for assembling a committee, considering specific incentive strategies, and submitting a
report.
There are other tasks that AHAC members may undertake, but the information presented in
this guidebook focuses on the AHAC's primary responsibility, and only statutorily required
task, to complete an annual Housing Incentive Strategies report.
Committee composition
Sec. 420.9076 (2), Florida Statutes, provides details on the AHAC committee composition.
The AHAC must have at least eight and no more than eleven members representing at least
six categories identified in the statute. Effective on October 1, 2020, each AHAC must have
a locally elected official from each county or municipality participating in the SHIP program.
The locally elected official must be a City or County Commissioner on the Commission
responsible for implementing the recommendations. If an AHAC is consolidated to govern
two or more SHIP jurisdictions, one elected official from any of the covered SHIP jurisdictions
will meet this requirement, although it is a best practice to include one elected official from
each represented local government. The elected official will count as a member of the AHAC
for purposes of meeting the number of members requirement.
Affordable Housing Incentives Strategies Page � 12
AHAC members should be appointed by the governing body of the local government, but
do not have to be adopted by resolution. Representatives are to be selected from the
following categories:
(a) zen who is actively engaged in the residential home building industry in connection
with affordable housing.
(b) Citizen who is actively engaged in the banking or mortgage banking industry in
connection with affordable housing.
(c) Citizen who is a representative of those areas of labor actively engaged in home building
in connection with affordable housing.
(d) Citizen who is actively engaged as an advocate for low-income persons in connection
with affordable housing.
(e) Citizen who is actively engaged as a for -profit provider of affordable housing.
(0 Citizen who is actively engaged as a not -for -profit provider of affordable housing.
(g) Citizen who is actively engaged as a real estate professional in connection with affordable
housing.
(h) Citizen who actively serves on the local planning agency pursuant to Florida Statutes, Sec.
163831746
(1) Citizen who resides within the jurisdiction of the local governing body making the
appointments.
(j) Citizen who represents employers within the jurisdiction.
(k) Citizen who represents essential services personnel, as defined in the local housing
assistance plan.
Some individuals might have the experience to represent more than one category, but they
should only be counted in one category. For example, a committee member may have
experience with both for -profit and non-profit housing development. However, that
individual should be counted as the for -profit or the non-profit provider, not both.
The SHIP Statute describes each category as "a citizen." The Statute is not explicit about
whether this is a resident of the United States, a Florida resident, or resident of the city or
county that the AHAC serves. However, an effort should be made to recruit representatives
who reside in the applicable city or county. The AHAC Report should document any
representatives who work within the jurisdiction but reside elsewhere.
Builders, lenders, and realtors are often represented on the AHAC. Builders who may be
interested in volunteering can be identified by contacting the local homebuilder's
association and realtors can be located by connecting with a local realtor association.
There is a distinction between a representative "engaged in residential home building
industry" and a "representative of those areas of labor actively engaged in home building."
The first category can be filled by a local homebuilder executive or a staff member of a non-
profit development agency like Habitat for Humanity. By contrast, "a representative of those
Affordable Housing Incentives Strategies Page I 13
areas of labor actively engaged in home building" could include a rehabilitation contractor,
a subcontractor, an engineer, or an architect.
An "advocate for low-income persons" could be a staff member of a local legal services
office, a leader from a faith -based group involved with affordable housing, or a
representative of a community service organization related to affordable housing. The local
government will need to consider whether such a person is "actively engaged" as an
advocate.
A "for -profit provider of affordable housing" may be an owner or property manager for a
rental property financed with housing tax credits, the State Apartment Incentive Loan
program (SAIL), or other housing subsidies. Alternatively, this maybe the owner or manager
of naturally occurring affordable housing units who offer rental housing at monthly rents that
are affordable according to the SHIP rent limits chart.
Local government program staff
Local government program staff support the AHAC. First, staff must identify and recruit
committee members. The SHIP administrator must invite potential committee members,
document their eligibility, and requesttheir participation in fulfilling the duties of the advisory
committee. The local government staff must also educate the advisory committee members
about their responsibilities. New committee members should receive the SHIP governing
statute (Florida Statutes, Sec. 420.907-9079) as well as local planning documents and
policies. Local government staff must also provide an orientation to the current incentive
strategies being implemented by the jurisdiction and an overview of the reporting
requirements of the advisory committee.
SHIP staff should collaborate with planning staff on land use, zoning policies, and practices,
the applicable economic development department on how various policies affect affordable
housing development, and other local government divisions that impact housing
affordability. The SHIP Statute states that "the advisory committee shall be cooperatively
staffed by the local government department or division having authority to administer local
planning or housing programs to ensure an integrated approach to the work of the advisory
committee." Generally, staff in these positions have different areas of expertise. SHIP
program administrators usually hold positions in housing and community development or
neighborhood departments and have regulatory or program knowledge that is unique to
those positions. Planning departments, alternatively, have staff with formal education in areas
like urban planning, and have extensive knowledge of land use and zoning laws. Persons in
the economic development department may have formal training on how local government
policy affects the cost of housing. The majority of AHAC responsibilities fall more squarely
within the planning, building, and growth management departments.
The AHAC must review the jurisdiction's comprehensive plan and land development
regulations and recommend actions to encourage the creation of affordable housing units.
This role requires that staff have knowledge of land use issues so the committee can consider
Affordable Housing Incentives Strategies Page � 14
potential barriers to the development of affordable housing and recommend regulatory
reforms to overcome the barriers. The AHAC presents an opportunity for multiple local
government departments to collaborate and meet the jurisdiction's responsibility to provide
housing for all its residents.
Prior to a revision of the SHIP statute in July 2016, the AHAC was required to have a member
from each of the eleven categories identified above. Therefore, if the jurisdiction was in
compliance, there was always a representative knowledgeable about the local planning
process. With the change to the statute, local governments can now choose committee
representatives from six other categories. Although no longer required by the SHIP Statue,
local governments should consider including staff from the planning department as
committee members. This SHIP Statute suggests participation from "a citizen who actively
serves on the local planning agency", but it also notes that "if the local planning agency is
comprised of the governing board of the county or municipality, the governing board may
appoint a designee who is knowledgeable in the local planning process." This is good
justification for arranging for a planner to assist the SHIP administrative staff in providing
support to the AHAC and monitoring the actions of the committee to ensure adherence to all
program requirements.
Roles and responsibilities of the AHAC
SHIP Statute overview
Sec. 420.9076(4) of the Florida Statutes describes the process for developing the AHAC
Report. The key role of the AHAC is to prepare the AHAC Report and evaluate its
implementation annually. The AHAC Report identifies incentive strategies and
recommendations for adoption by the local government. The recommendations should seek
to remove regulatory barriers that limit the development or preservation of affordable
housing or drive -up housing costs. The recommendations should also suggest policies that
encourage the production of affordable housing.
To fulfill this task, the advisory committee must first review the local government's existing
policies and procedures, ordinances, land development regulations, and the
comprehensive plan. Then the committee recommends specific actions or initiatives to
encourage affordable housing while protecting the ability of the property to appreciate in
value.
Actions the advisory committee can take include:
• Modifying or repealing existing policies, procedures, regulations.
• Creating exceptions applicable to affordable housing.
• Adopting new policies or amendments to the local comprehensive plan and
corresponding regulations, ordinances, and other policies.
Affordable Housing Incentives Strategies Page � 15
Local government implementation
The advisory committee must approve the final AHAC Report by majority vote and submit it
to the Florida Housing Finance Corporation (FHFC), the local government, and to the entity
providing statewide training and technical assistance for the Affordable Housing Catalyst
Program. Upon receipt of the AHAC Report, the local government has 90 days to amend its
local housing assistance plan to incorporate the adopted incentive strategies it plans to
implement. Only two strategies are required in the amended LHAP:
• Expedited permitting for affordable housing projects.
• An ongoing process for review, prior to their adoption, of any local policies,
ordinances, regulations, and plan provisions that increase the cost of housing.
Frequently Asked Questions
This list of frequently asked questions is provided as a quick reference. In many cases, the
topics referenced below are addressed in greater detail in other sections of this guide.
Question: How does the Sunshine Law apply to our SHIP advisory committees?
Answer: When dealing with advisory committees it is very important to keep in mind the
requirements of Florida's open meetings laws. Any local government -appointed committee
that is part of a fact-finding commission or any board or committee that has final decision -
making authority is covered by these laws. There is a strong legislative and judicial
presumption in favor of transparency. If you have any questions about these requirements,
consult with your city attorney, county attorney, or other appropriate legal counsel.
Question: How does the Sunshine Law apply to the biannual, regional workshops?
Answer: Florida's Sunshine Law only applies to meetings or gatherings where two or more
members ofthe same board or committee discuss some matter which will foreseeably come
before that board for action. Since most local governments will only have one elected official
present at the workshop, Sunshine Law will not be an issue for most jurisdictions. However,
there are some local governments with a joint City/County AHAC that will have two or more
elected officials present at the workshops. For these local governments, two or more elected
officials from the same AHAC may not, under any circumstances, communicate with each
other during the workshop. Out of an abundance of caution, all elected officials who are not
required to but wish to attend the workshops can attend but will not be allowed to speak to
avoid Sunshine Law concerns. The primary purpose of these workshops is to educate local
elected officials on affordable housing best practices, not to make decisions, and the elected
officials can raise information presented at the local, publicly noticed AHAC meetings.
Affordable Housing Incentives Strategies Page � 16
Title XXX SOCIAL WELFARE
Chapter 420 HOUSING
SECTION 9076 Adoption of affordable housing incentive strategies; committees.
420.9076 Adoption of affordable housing incentive strategies; committees.
(1) Each county or eligible municipality participating in the State Housing Initiatives Partnership
Program, including a municipality receiving program funds through the county, or an eligible
municipality must, within 12 months after the original adoption of the local housing assistance plan,
amend the plan to include local housing incentive strategies as defined in s. 420.9071(18).
(2) The governing board of a county or municipality shall appoint the members of the affordable
housing advisory committee. Pursuant to the terms of any interlocal agreement, a county and
municipality may create and jointly appoint an advisory committee. The local action adopted pursuant
to s. 420.9072 which creates the advisory committee and appoints the advisory committee members
must name at least 8 but not more than 11 committee members and specify their terms. Effective
October 1, 2020, the committee must consist of one locally elected official from each county or
municipality participating in the State Housing Initiatives Partnership Program and one representative
from at least six of the categories below:
(a) A citizen who is actively engaged in the residential home building industry in connection with
affordable housing.
(b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with
affordable housing.
(c) A citizen who is a representative of those areas of labor actively engaged in home building in
connection with affordable housing.
(d) A citizen who is actively engaged as an advocate for low-income persons in connection with
affordable housing.
(e) A citizen who is actively engaged as a for -profit provider of affordable housing.
(f) A citizen who is actively engaged as a not -for -profit provider of affordable housing.
(g) A citizen who is actively engaged as a real estate professional in connection with affordable
housing.
(h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local
planning agency is comprised of the governing board of the county or municipality, the governing board
may appoint a designee who is knowledgeable in the local planning process.
(i) A citizen who resides within the jurisdiction of the local governing body making the appointments.
(j) A citizen who represents employers within the jurisdiction.
(k) A citizen who represents essential services personnel, as defined in the local housing assistance
plan.
(3) All meetings of the advisory committee are public meetings, and all committee records are public
records. Staff, administrative, and facility support to the advisory committee shall be provided by the
appointing county or eligible municipality.
(4) Annually, the advisory committee shall review the established policies and procedures, ordinances,
land development regulations, and adopted local government comprehensive plan of the appointing
local government and shall recommend specific actions or initiatives to encourage or facilitate
affordable housing while protecting the ability of the property to appreciate in value. The
recommendations may include the modification or repeal of existing policies, procedures, ordinances,
regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the
adoption of new policies, procedures, regulations, ordinances, or plan provisions, including
recommendations to amend the local government comprehensive plan and corresponding regulations,
ordinances, and other policies. At a minimum, each advisory committee shall submit an annual report to
the local governing body and to the entity providing statewide training and technical assistance for the
Affordable Housing Catalyst Program which includes recommendations on the implementation of
affordable housing incentives in the following areas:
(a) The processing of approvals of development orders or permits for affordable housing projects is
expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3.
(b) All allowable fee waivers provided for the development or construction of affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very -low-income persons, low-income
persons, and moderate -income persons.
(e) Affordable accessory residential units.
(f) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero -lot -line configurations for affordable
housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers, before adoption, policies,
procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
(j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing.
(k) The support of development near transportation hubs and major employment centers and mixed -
use developments.
The advisory committee recommendations may also include other affordable housing incentives
identified by the advisory committee. Local governments that receive the minimum allocation under the
State Housing Initiatives Partnership Program shall perform an initial review but may elect to not
perform the annual review.
(5) The approval by the advisory committee of its local housing incentive strategies recommendations
and its review of local government implementation of previously recommended strategies must be
made by affirmative vote of a majority of the membership of the advisory committee taken at a public
hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its
evaluation and final local housing incentive strategies recommendations must be published in a
newspaper of general paid circulation in the county. The notice must contain a short and concise
summary of the evaluation and local housing incentives strategies recommendations to be considered
by the advisory committee. The notice must state the public place where a copy of the evaluation and
tentative advisory committee recommendations can be obtained by interested persons. The final report,
evaluation, and recommendations shall be submitted to the corporation.
(6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies
recommendations from the advisory committee, the governing body of the appointing local government
shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive
strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local
housing incentive strategies required under s. 420.9071(18). The local government must consider the
strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee.
(7) The governing board of the county or the eligible municipality shall notify the corporation by
certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local
housing incentive strategies. The notice must include a copy of the approved amended plan.
(a) If the corporation fails to receive timely the approved amended local housing assistance plan to
incorporate local housing incentive strategies, a notice of termination of its share of the local housing
distribution shall be sent by certified mail by the corporation to the affected county or eligible
municipality. The notice of termination must specify a date of termination of the funding if the affected
county or eligible municipality has not adopted an amended local housing assistance plan to incorporate
local housing incentive strategies. If the county or the eligible municipality has not adopted an amended
local housing assistance plan to incorporate local housing incentive strategies by the termination date
specified in the notice of termination, the local distribution share terminates; and any uncommitted
local distribution funds held by the affected county or eligible municipality in its local housing assistance
trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the
corporation to administer the local government housing program.
(b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local
housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant
to an interlocal agreement within the county does timely adopt an amended local housing assistance
plan to incorporate local housing incentive strategies, the corporation, after issuance of a notice of
termination, shall thereafter distribute directly to the participating eligible municipality its share
calculated in the manner provided in s. 420.9073.
(c) Any county or eligible municipality whose local distribution share has been terminated may
subsequently elect to receive directly its local distribution share by adopting an amended local housing
assistance plan to incorporate local housing incentive strategies in the manner and according to the
procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072.
(8) The advisory committee may perform other duties at the request of the local government,
including:
(a) The provision of mentoring services to affordable housing partners including developers, banking
institutions, employers, and others to identify available incentives, assist with applications for funding
requests, and develop partnerships between various parties.
(b) The creation of best practices for the development of affordable housing in the community.
(9) The advisory committee shall be cooperatively staffed by the local government department or
division having authority to administer local planning or housing programs to ensure an integrated
approach to the work of the advisory committee.
(10) The locally elected official serving on an advisory committee, or a locally elected designee, must
attend biannual regional workshops convened and administered under the Affordable Housing Catalyst
Program as provided in s. 420.531(2). If the locally elected official or a locally elected designee fails to
attend three consecutive regional workshops, the corporation may withhold funds pending the person's
attendance at the next regularly scheduled biannual meeting.
History.—s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch. 2007-198; s.
117, ch. 2008-4; s. 30, ch. 2009-96; s. 16, ch. 2011-15; s. 67, ch. 2011-139; s. 11, ch. 2016-210; s. 19, ch.
2020-27; s. 37, ch. 2021-51.
7.CA
ORDINANCE 1140.2018-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IMPOSING A COUNTYWIDE LOCAL
GOVERNMENT INFRASTRUCTURE SURTAX OF ONE PERCENT (1%)
ON ALL AUTHORIZED TAXABLE TRANSACTIONS OCCURRING
WITHIN COLLIER COUNTY, AS AUTHORIZED BY SECTION
212.055(2), FLORIDA STATUTES, EFFECTIVE BEGINNING JANUARY
1, 2019, FOR A PERIOD OF UP TO SEVEN (7) YEARS OR UNTIL THE
AGGREGATE FUNDS OF $490,000,000 ARE COLLECTED, WHICHEVER
IS SOONER; PROVIDING THAT THE IMPOSITION OF THE SURTAX
SHALL BE CONTINGENT ON APPROVAL AT A COUNTYWIDE
REFERENDUM; PROVIDING FOR A WEBPAGE WHICH DETAILS THE
PROPOSED PROJECTS FOR THE PUBLIC; PROVIDING FOR
DISTRIBUTION OF SURTAX REVENUES AMONG THE COUNTY AND
THE MUNICIPALITIES WITHIN THE COUNTY; PROVIDING FOR
CITIZEN OVERSIGHT; PROVIDING BALLOT LANGUAGE AND
DIRECTING THE SUPERVISOR OF ELECTIONS TO HOLD A
COUNTYWIDE PRECINCT REFERENDUM ELECTION ON
NOVEMBER 6, 2018.
WHEREAS, Section 212.055(2), Florida Statutes, authorizes the Collier County Board of
County Commissioners ("Board") to impose a 1.0 percent (1 %) local government infrastructure
surtax ("Surtax") upon transactions occurring within Collier County ("County") which are taxable
under Chapter 212, Florida Statutes; and
WHEREAS, a 1.0 percent (1%) Surtax would, under current State sales tax rates, result in
a one it (1 ¢) Surtax on each one dollar ($1.00) sale as specifically provided by law and will be
applied to each fractional part of one dollar accordingly; and
WHEREAS, the Surtax differs from the transactions subject to the State sales tax in that
the local option sales tax base applies only to the first $5,000 of the purchase price of an item of
taxable personal property while the State sales tax applies to the entire purchase price regardless
of amount, pursuant to Section 212.054(2)(b)(1), Florida Statutes; and
WHEREAS, the Surtax does not apply to certain groceries, medical products and supplies,
fuel, and other specifically identified goods and services listed in Section 212.081 Florida Statutes;
and
Page 1 of 8
Packet Pg. 23
7.CA
WHEREAS, the funds derived from the imposition of the Surtax shall be distributed to
the County and the municipalities of the County ("Municipalities"), as set forth in Section 218.62,
Florida Statutes, if no interlocal agreement is entered into; and
WHEREAS, JLUIILLN received from the Surtax authorized by Section 212.055(2)9 Florida
Statutes, may be utilized by the County and Municipalities to finance, plan, construct, reconstruct,
renovate and improve needed infrastructure, as defined in Section 212.055(2)(d), Florida Statutes;
and
WHEREAS, the County and the Municipalities are presently without sufficient fiscal and
monetary resources to adequately fund their infrastructure needs; and
WHEREAS, adequate public infrastructure facilities of the types herein described promote
the safe, efficient and uninterrupted provision of numerous essential public services provided by
the County and the Municipalities, including but not limited to roads, bridges, signals, sidewalks,
parks, evacuation shelters, governmental facilities, including emergency services facilities;
acquiring land and construction for workforce housing and career and technical training, veterans'
nursing home and expand mental health facilities; and
WHEREAS, a brief description of the projects to be funded is set forth in the ballot
language contained in this Ordinance and a more specific list of projects to be funded is attached
hereto as Exhibit A; and
WHEREAS, the County and the Municipaliries shall establish a citizen oversight
committee to provide for citizen review of the expenditure of Surtax proceeds.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE. Incorporation of Recitals.
The above recitals are true and correct and are hereby incorporated by reference.
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Packet Pg. 24
7. C.4
SECTION TWO. Imposition of Local Government Infrastructure Surtax.
There is hereby imposed a one percent (1 %) local government infrastructure surtax
("Surtax") upon all authorized taxable transactions occurring within the County.
SECTION THREE. Administration, Collection and Distribution of Proceeds.
The Surtax shall be administered, collected, and enforced in accordance with the provisions
of Section 212.054, Florida Statutes, and the rules promulgated by the Florida Department of
Revenue. The proceeds of the Surtax shall be distributed by the Department of Revenue directly
to the County and Municipalities, in accordance with Section 218.62, Florida Statutes.
SECTION FOUR Referendum Election.
(a) The Surtax imposed in Section Two hereof shall not take effect unless and until
approved by a majority of the electors of the County voting in a countywide precinct referendum
election on the Surtax.
(b) The Collier County Supervisor of Elections is hereby directed to hold such
countywide precinct referendum election on November 6, 2018.
(c) The Collier County Supervisor of Elections shall cause the following proposition
to be placed on the ballot:
COLLIER COUNTY AND MUNICIPAL INFRASTRUCTURE
ONE -CENT SALES SURTAX
To enhance safety, mobility, and hurricane preparedness in Collier
County and its cities by constructing, repairing, and maintaining
roads, bridges, signals, sidewalks, parks, evacuation shelters,
governmental and emergency services facilities; acquire land and
support construction for workforce housing and career and technical
training, veterans' nursing home and expand mental health facilities;
shall the County levy none -cent sales surtax beginning January 1,
2019 and automatically ending December 31, 2025, with oversight
by citizen committee?
FOR THE ONE -CENT SALES TAX
AGAINST THE ONE -CENT SALES TAX
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SECTION FIVE. Advertisement and Webpage.
The Collier County Clerk of Court shall insure that notice of this referendum be advertised
in accordance with the provisions of Section 100.3424) Florida Statutes. Proof of publication shall
be provided to the Chair of the Board. Upon adoption of this Ordinance, the County shall create
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a webpage available to the public on the County's main website which details the proposed projects ff
to be funded by the Surtax, as well as the particulars regarding the imposition and collection of the M
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SECTION SIX. Expiration Date; Survival of Certain Restricted Uses.
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(a) Sunset. In all events, this Ordinance shall be in effect only through December 31, N
2025. It shall sunset and expire thereafter, without further action by the Board and the electors, at
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which time it shall be deemed repealed and of no further force and effect, and the Surtax levied 3
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hereunder shall terminate. Alternatively, this Ordinance shall sunset on December 31 S` of any year
during the term of this Ordinance in the event that the total aggregate distributions of Surtax TOM
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proceeds equal or exceed the amount of $490,000,000 at any time during that calendar year, in
which event the Board shall take necessary action to repeal this Ordinance and notify the Florida
Department of Revenue prior to the applicable deadline so that the Surtax will not continue for the °
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(b) Survival of restrictions on use of Surtax proceeds. Notwithstanding the provisions
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of subsection (a) for the expiration and repeal of this Ordinance, so long as any Surtax proceedsTM
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Surtax proceeds as well as the proceeds of any borrowings payable from Surtax proceeds, and all
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SECTION SEVEN. Infrastructure Surtax Citizen Oversight Committee. E
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(a) Creation. Upon the approval of the Surtax by the electors of Collier County, the a
Board shall hereby assemble an Infrastructure Surtax Citizen Oversight Committee ("Committee")
tNJ provide for czen review of the expenditure of the Surtax proceeds by the County, as soon as
Packet Pg. 26
7.C.4
possible after the Surtax becomes effective, but not later than the date on which the funds are first
expended. The Committee shall serve as an ad hoc advisory and reporting body to the County.
(b) Composition. The Committee shall be comprised of seven (7) members. There
shall be one (1) member appointed from each County District, and two (2) at -large members. Upon
confirmation that said individuals meet the requirements herein, the Board shall appoint said •°
individuals to this Committee. Appointment of positions, unless otherwise stated herein, shall be
governed by Collier County Ordinance No. 2001-55, as may be amended, or by its successor a
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ordinance.
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(5) Member shall meet the qualifications set forth in Collier County Ordinance
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(d) Term. The initial terms for the at -large seats shall be one year; the remainder of the o
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at -large terms shall be for two years or until the Committee sunsets. The initial terms and all terms �
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thereafter for each District seat shall be for two years or until the Committee sunsets. All members �
shall be eligible for reappointment upon the expiration of their term. Upon resignation or removal p`
of a member from a seat, that seat will be filled for the remainder of its term. �
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(e) Removal. Removal of members from the Committee shall be in accordance with c
the provisions of Collier County Ordinance No. 2001-55, as it may be amended, or its successor a
ordinance.
Page 5 of 8
Packet Pg. 27
(f) Sunset. The Committee shall sunset and terminate without further action by the
Board within 2 months of the final expenditure of all of the Surtax proceeds collected by the
County. At its final meeting after the Surtax proceeds have been expended, the Committee shall
prepare a final report to the Board with its findings and recommendations.
(g) Duties. The Committee shall have the responsibility to review the expenditure of
Surtax proceeds against the ballot referendum approved by the voters and this Ordinance. The
Board may expend proceeds of the Surtax on projects not specifically stated herein or in the
attached Exhibit A, so long as those projects (1) comply with the intent of the ballot language, (2)
have a positive recommendation by this Committee, and (3) fall within the projects and categories
identified. The Committee shall not recommend alternative projects, unless requested by the
Board.
(h) Officer; Meetings; Quorum; Rules of Procedure.
(1) Annually the members of the Committee shall elect a chairperson and vice
chairperson from among the members. The chairperson's and vice chairperson's terms in such
positions shall be for one (1) year with eligibility for re-election by the members of the Committee.
(2) The Committee shall meet monthly, or as otherwise needed to fulfill their
duties and responsibilities.
(3) The presence of at least five (5) members shall constitute a quorum of the
Committee necessary to take action and transact business. In addition, an affirmative vote of a
super majority (majority present plus one) shall be necessary in order to take official action.
Furthermore, by simple majority vote, but never with less than 5 members present, the Committee
shall adopt rules of procedure for its meetings, and thereafter shall be governed by its procedures,
as amended from time to time.
(4) The Committee shall keep a written record of meetings, resolutions,
findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits
shall be submitted to the Board. The Committee shall submit an annual report of its findings and
recommendations to the Board.
Packet Pg. 28
(i) Reimbursement of Expenses. Committee members shall receive no compensation
for the performance of their duties, but shall be entitled to receive reimbursement for expenses
reasonably incurred in the performance of their duties upon prior approval by the Board.
(j) Duties of the County Manager's Off ce. The County Manager's Office will provide
such documentation, information, descriptions of procedures, secretarial support and general
assistance to the Committee as may be necessary for the Committee to carry out its functions as
set forth herein.
(k) The Committee, its members, and all its proceedings shall be governed by and
comply with the provisions of the Florida SunshineChapter 286, Florida Statutes, the Florida
Public Records Law, Chapter 119, Florida Statutes, and the Florida Ethics Code, Chapter 112,
Florida Statutes, and all other applicable local or state statutes, ordinances, or rules.
SECTION EIGHT. Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE. Inclusion in The Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION TEN. Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
Packet Pg. 29
7.CA
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this c - day of.
ATTEST:
DWIGHT E. BROCK, Clerk
Attest as to Chairman's' L`'r"`' """"�
signature only.
Jeffrey
and legality:
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER,WQUNTY, FLOIjjA}l
Andy Solis, Chairman
Packet Pg. 30
7.C.3
Once of Economic and Demographic Research
Local Government Infrastructure Surtax
Section 212.055(2), Florida Statutes
Summary:
The Local Government Infrastructure Surtax may be levied at the rate of 0.5 or 1 percent pursuant to an
ordinance enacted by a majority vote of the county's governing body and approved by voters in a countywide
referendum. Generally, the proceeds must be expended to finance, plan, and construct infrastructure, acquire
land for public recreation, conservation, or protection of natural resources; or finance the closure of local
government -owned solid waste landfills that have been closed or are required to be closed by order of the
Department of Environmental Protection (DEP). Additional spending authority exists for select counties.
During the 2018-19 local fiscal year, the 25 counties levying this surtax will realize an estimated $1.58 billion
in revenue. The 20 eligible counties not currently levying this surtax at the maximum rate will allow an
estimated $2.15 billion to go unrealized.
General Law Amendments:
Chapter 201118, L.O.F., (CS/HB 7087) amends the definiti 8-on of infrastructure to clarify that public
facilities also includes facilities that are necessary to carry out governmental purposes, including, but not
limited to, fire stations, general governmental office buildings, and animal shelters. Additionally, the
legislation amends the definition of infrastructure to include instructional technology used solely in a school
district's classrooms. Instructional technology is defined as an interactive device that assists a teacher in
instructing a class or group of students. The hardware and software necessary to operate the interactive device
and support systems in which an interactive device may mount are also included as authorized expenditures.
These changes became effective on July 1, 2018.
Authorization to Levy:
Local governments may levy this surtax at a rate of 0.5 or 1 percent pursuant to an ordinance enacted by a
majority of the members of the county's governing body and approved by the voters in a countywide
referendum. In lieu of action by the county's governing body, municipalities representing a majority of the
county's population may initiate the surtax through the adoption of uniform resolutions calling for a
countywide referendum on the issue. If the proposal to levy the surtax is approved by a majority of the
electors, the levy takes effect.
Additionally, the surtax may not be levied beyond the time established in the ordinance if the surtax was
levied pursuant to a referendum held before July 1, 1993. If the pre -July 1, 1993 ordinance did not limit the
period of the levy, the surtax may not be levied for more than 15 years. There is no state -mandated limit on
the length of levy for those surtax ordinances enacted after July 1, 1993. The levy may only be extended by
voter approval in a countywide referendum. This surtax is one of several surtaxes subject to a combined rate
limitation. A county cannot levy this surtax and the Small County Surtax, Indigent Care and Trauma Center
Surtax, and County Public Hospital Surtax in excess of a combined rate of 1 percent.
Counties Eligible to Levy:
All counties are eligible to levy the surtax.
Distribution of Proceeds:
The surtax proceeds are distributed to the county and its respective municipalities according to one of the
following procedures.
2018 Local Government Financial Information Handbook 179
Packet Pg. 18
7.C.3
Off ce of Economic and Defnogc°aplcic Reseac ch
1. An interlocal agreement approved by county's governing body and the governing bodies of the
municipalities representing a majority of the county's municipal population. This agreement may
include a school district with the consent of all governing bodies previously mentioned.
2. If there is no interlocal agreement, then the distribution will be based on the Local Government Half -
cent Sales Tax formulas provided in s. 218.62, F.S.
Authorized Uses of Proceeds:
The surtax proceeds and any accrued interest are expended by the school district, within the county and
municipalities within the county, or, in the case of a negotiated j oint county agreement, within another county,
for any of the following purposes.
l . To finance, plan, and construct infrastructure.
2. To acquire any interest in land for public recreation, conservation, or protection of natural resources
or to prevent or satisfy private property rights claims resulting from limitations imposed by the
designation of an area of critical state concern.
3. To provide loans, grants, or rebates to residential or commercial property owners who make energy
efficiency improvements to their residential or commercial property, if a local government ordinance
authorizing such use is approved by referendum.
4. To finance the closure of county or municipal -owned solid waste landfills that have been closed or
are required to be closed by order of the DER Any use of the proceeds or interest for purposes of
landfill closures before July 1, 1993, is ratified.
The term energy efficiency impi•oveinent means any energy conservation and efficiency improvement that
reduces consumption through conservation or a more efficient use of electricity, natural gas, propane, or other
forms of energy on the property, including, but not limited to, air sealing; installation of insulation;
installation of energy -efficient heating, cooling, or ventilation systems, installation of solar panels; building
modifications to increase the use of daylight or shade; replacement of windows; installation of energy controls
or energy recovery systems; installation of electric vehicle charging equipment; installation of systems for
natural gas fuel as defined in s. 206.9951, F.S; and installation of efficient lighting equipment.
The surtax proceeds and any interest may not be used to fund the operational expenses of infi•astructure,
except that a county that has a population of fewer than 755000 that is required to close a landfill may use the
proceeds or interest for long-term maintenance costs associated with landfill closure. Counties, as defined in s.
125.0115 F.S., (i.e., Miami -Dade County) and charter counties may use the proceeds or interest to retire or
service indebtedness incurred for bonds issued before July 1, 1987, for infrastructure purposes, and for bonds
subsequently issued to refund such bonds. Any use of the proceeds or interest for purposes of retiring or
servicing indebtedness incurred for refunding bonds before July 1, 1999, is ratified.
As it relates to the authorized uses of the surtax proceeds and any accrued interest, the term infiAastructu74e has
the following meanings.
1. Any fixed capital expenditure or fixed capital outlay associated with the construction, reconstruction,
or improvement of public facilities that have a life expectancy of 5 or more years, any related land
acquisition, land improvement, design, and engineering costs, and all other professional and related
costs required to bring the public facilities into service. For this purpose, the term public facilities
180 2018 Local Gover•nnrent Financial Infoc°oration Handbool�
Packet Pg. 19
7.C.3
Once of Economic and Demographic Research
means facilities as defined in ss. 163.3164(39), 163.3221(13). or 1896012(5),3 F.S., and includes
facilities that are necessary to carry out governmental purposes, including, but not limited to, fire
stations, general governmental office buildings, and animal shelters, regardless of whether the
facilities are owned by the local taxing authority or another governmental entity.
2. A fire department vehicle, emergency medical services vehicle, sheriffs office vehicle, police
department vehicle, or any other vehicle, and the equipment necessary to outfit the vehicle for its
official use or equipment that has a life expectancy of at least 5 years.
3. Any expenditure for the construction, lease, maintenance, or provision of utilities or security for
those court facilities as defined in s. 29.008, F.S.
4. Any fixed capital expenditure or fixed capital outlay associated with the improvement of private
facilities that have a life expectancy of 5 or more years and that the owner agrees to make available
for use on a temporary basis as needed by a local government as a public emergency shelter or
staging area for emergency response equipment during an emergency officially declared by the state
or by the local government under s. 252.38, F.S. These private facility improvements are limited to
those necessary to comply with current standards for public emergency evacuation shelters. The
private facility's owner must enter into a written contract with the local government providing the
improvement funding to make the private facility available to the public for purposes of emergency
shelter at no cost to the local government for a minimum of 10 years after the completion of the
improvement with the provision that the obligation will transfer to any subsequent owner until the
end of the minimum period.
5. Any land -acquisition expenditure for a residential housing project in which at least 30 percent of the
units are affordable to individuals or families whose total annual household income does not exceed
120 percent of the area median income adjusted for household size, if the land is owned by a local
government or by a special district that enters into a written agreement with the local government to
provide such housing. The local government or special district may enter into a ground lease with a
public or private person or entity for nominal or other consideration for the construction of the
residential housing project on land acquired pursuant to this provision.
6. Instructional technology used solely in a school district's classrooms. Pursuant to this provision, the
term instructional technology means an interactive device that assists a teacher in instructing a class
or a group of students and includes the necessary hardware and software to operate the interactive
device. The term also includes support systems in which an interactive device may mount and is not
required to be affixed to the facilities.
Any local government infrastructure surtax imposed or extended after July 1, 1998, may allocate up to 15
percent of the surtax proceeds for deposit within a county trust fund created for the purpose of funding
economic development projects having a general public purpose of improving local economies, including the
funding of operational costs and incentives related to economic development. The referendum ballot
statement must indicate the intention to make the allocation. School districts, counties, and municipalities may
1. Section 163.3164(39), F.S., defines the term public facilities as major capital unprovements, including h•ansportation, sanitary
sewer, solid waste, draurage, potable water, educational, parks and recreational facilities.
2. Section 163.3221(13), F.S., which defines the term public faces as major capital improvements, including, Uut not lUILL d to,
transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and
facilities.
3. Section 189.012(5), F.S., which defines the term public facilities as major capital improvements, including, but not limited to,
transportation facilities, sanitary sewer facilities, solid waste facilities, water management and control facilities, potable water
facilities, alternative water systems, educational facilities, parks and recreational facilities, health systems and facilities, and, except
for spoil disposal by those ports listed in s. 311.09(1), F.S., spoil disposal sites for maintenance dredging in waters of the state.
2018 Local Government Financial Information Handbook 181
Packet Pg. 20
7.C.3
Office of Economic and Demogi°aphic Reseal"clt
pledge the surtax proceeds for the purpose of servicing new bonded indebtedness. Local governments may
use the services of the Division of Bond Finance of the State Board of Administration to issue bonds, and
counties and municipalities may join together for the issuance of bonds.
A county with a total population of 50,000 or less on April 1, 1992, or any county designated as an area of
critical state concern that imposed the surtax before July 1, 1992, may use the proceeds and accrued interest
of the surtax for any public purpose if the county satisfies all of the following criteria.
l . The debt service obligations for any year are met.
2. The county's comprehensive plan has been determined to be in compliance with part II of ch. 163,
F.S.
3 . The county has adopted an amendment to the surtax ordinance pursuant to the procedure provided in
s. 125.66, F.S., authorizing additional uses of the proceeds and accrued interest.
Those counties designated as an area of critical state concern that qualify to use the surtax for any public
purpose may use only up to 10 percent of the surtax proceeds for any public purpose other than for authorized
infrastructure purposes. A county that was designated as an area of critical state concern for at least 20
consecutive years prior to removal of the designation, and that qualified to use the surtax for any public
purpose at the time of the designation's removal, may continue to use up to 10 percent of the surtax proceeds
for any public purpose other than for infrastructure purposes for 20 years following the designation's removal.
After the 20 year period expires, a county may continue to use up to 10 percent of the surtax proceeds for any
public purpose other than for infrastructure if the county adopts an ordinance providing for such continued
use of the surtax proceeds.
Likewise, a municipality located within such a county may not use the proceeds and accrued interest for any
purpose other than an authorized infi astructure purpose unless the municipality's comprehensive plan has
been determined to be in compliance with part II of ch. 163, F.S., and the municipality has adopted an
amendment to its surtax ordinance or resolution pursuant to the procedure provided in s. 166.041, F.S.,
authorizing additional uses of the proceeds and accrued interest. Such municipality may expend the proceeds
and accrued interest for any public purpose authorized in the amendment.
Despite any other use restrictions to the contrary, a county, having a population greater than 75,000 in which
the taxable value of real property is less than 60 percent of the just value of real property for ad valorem tax
purposes for the tax year in which the referendum is placed before voters, and the municipalities within such a
county may use the surtax proceeds and accrued interest for operation and maintenance of parks and
recreation programs and facilities established with the proceeds throughout the duration of the levy or while
accrued interest earnings are available for such use, whichever period is longer.
Attorney General Opinions:
Florida's Attorney General has issued the following legal opinions relevant to this revenue source.
Opinion # Subject
2016-02 Infrastructure surtax, emergency generators
2012-19 Infrastructure surtax, beach erosion projects/studies
2009-26 Counties, use of infrastructure surtax monies
2007-51 Municipalities, use of infrastructure surtax monies
2003-17 Infrastructure surtax use to purchase computer system
182 2018 Local Government Financial Info�•mation Handbook
Packet Pg. 21
7.C.3
Office of Economic and Demographic Research
2001-45 Local government infrastructure surtax, health care
2000-06 Expenditure of infrastructure surtax revenues
99-24 Capital improvements to property leased by county
95-73 Counties, infrastructure surtax used to fund engineers
95-71 Tourist development tax / infrastructure surtax
94-79 Uses of local government infrastructure surtax
9446 Vehicles purchased with proceeds of sales surtax
93-92 Local government infrastructure surtax, purchase of vehicle
92-81 Discretionary local option infrastructure sales surtax
92-08 Local government infrastructure surtax proceeds
90-96 Infrastructure surtax proceeds, payment of debt
88-59 Use of discretionary surtax for construction
The full texts of these opinions are available via a searchable on-line database.` Local government officials
seeking more clarification should review the opinions in their entirety. The reader should keep the date of the
opinion in mind when reviewing its relevance to current law or any interpretations that have been articulated
in Florida case law.
4. http://myfloridaleQal.com/aQo.nsf/Opinions
2018 Local Government Financial Information Handbook 183
Packet Pg. 22
For the Harmony at Santa Barbara (McDowell project), please see the following information:
BCC Awarded Invitation to Bid to McDowell Partners to negotiate lease: March 2019
• Lease approved by BCC: August 2019
• 10 months until PUDA submitted (from approval)
• 13 months until SDP submitted (from approval)
Planned Unit Development Amendment (allow affordable housing)
• Applied for PUDA: 06/24/2020
o I't Review Completed: 07/13/2020 (12 business days with staff)
• 2nd Submittal Received: 08/05/2020 (17 business days with developer)
o 2nd Review Completed: 08/31/2020 (18 business days with staff)
• 3rd Submittal Received: 12/15/2020 (74 business days with developer)
o 3rd Review Completed / Hearing Scheduled: 12/15/2020 (0 business days with staff)
*With Staff: 30 business days / With Developer: 91 business days
Harmony at Santa Barbara (SDP)
• Applied for SDP: 09/02/20
o lst Review Completed: 09/24/2020 (15 business days with staff)
• 2na Submittal Received: 12/08/2020 (49 business days with developer)
o 2nd Review Completed: 12/18/2020 (8 business days with staff)
• 3rd Submittal Received: 01/25/2021 (22 business days with developer)
o 3rd Review Completed: 02/05/2021 (9 business days with staff)
• 4th Submittal Received: 03/23/2021 (31 business days with developer)
o 4th Review Completed/Approval Issued: 04/01/2021 (7 business days with staff)
• Pre -Construction Meeting Requested: 10/13/2021 (136 business days with developer)
*With Staff: 39 business days / With Developer: 238 business days
EKOS on COLLIER
6360 Collier Blvd.
Request for Support
Coffer County COLLIER COUNTY COMMUNITY
McDowell LAND TRUST
HOUSING PARTNERS
McDowell Housing Partners — Multi -Family Developer
➢ Mission: Create and preserve high -quality housing communities that provide America's
workforce and seniors with a safe and sustainable place to call home, while implementing
high -value resident services and programs to ensure tenant satisfaction.
➢ Structure: Vertically integrated team of finance, construction, project management,
accounting and asset management staff in house.
➢ Expertise: Proven success utilizing intricate financing products and methods:
➢ FHA -insured mortgages (221(d)(4) and 223(f) loans, Tax -Exempt Private Activity
Bonds, HOME Investment Partnership loans, Affordable Housing Partnership loan
(AHP), Florida's State Apartment Incentive Loan program (SAIL), Community
Development Block Grants (CDBG), Tax -increment Financing (TIF), and numerous
local funding programs.
➢ Commitment: MHP commits to unwaveringly pursue all sources of funding available to
complete the development of a new housing community that we pursue.
Current Projects in Collier County
Harmony on Santa Barbara - 82 Units Family Workforce
4% Tax Credits and CBDG
Under Construction — Expected Completion January 2023
Allegro at Hacienda Lakes —160 Units Elderly 62+
4% Tax Credits and SAIL
o Under Construction — Expected Completion May 2023
Cadenza at Hacienda Lakes —160 Units Elderly 62+
4% Tax Credits and SAIL
Pre- Construction - Expected Completion October 2024
C,
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Proposed Development
108 units on 7.76 Acres (13.97 units/acre)
Product: 3-story garden walk-up buildings plus a stand-alone clubhouse, surface
parking, and ample amenities
Unit Types and Mix
o 54 - One-bedroom/one-bathroom units
o 32 - Two-bedroom/two-bathroom units
o 12 - Three-bedroom/two-bathroom units
Certified under a Green -Building program such as LEED or the ICC 700
National Green Building Standard.
Income/Rent Restrictions: Mix of incomes at and under 80% of the Area Median
Income (set annually by HUD)
o 2022 Rents (30% - 80% MFI):
1 Beds — $561 to $1,416
o 2 Beds— $636 to $1,695
3 Beds - $735 to $1,962
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6360 COLLIER BLVD PROJECT DATA ' GRDY
COLLIER COUNTY TR
Res Buildings
11-14-22 Ht. - 3 story
A - 24 units —
B - 36 units
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Amenities
Clubhouse with community gathering areas, fitness center, tot -lot, computer lab
and resort -style swimming pool
3
IN?
Project Request
SURTAX FUNDING REQUESTED AMOUNT $3,750,000
SURTAX FUNDING GOALS
• Purchase land that can be reserved for housing that is affordable through extended County ownership
• Acquire land for housing that is affordable
• Long term affordability of Collier's housing stock
• Promote economic development by increasing affordable housing options for the area's workforce
PROJECT FEATURES
• Hold land in perpetuity (99-year lease) forthe development and preservation of the stock of housing that is
affordable
• Incentivize the construction of homes/rentals that are affordable on County owned properties
• Increase the availability or quality of housing for the elderly or persons with disabilities
• Use restrictions that ensure that properties will remain affordable for the long term
uninE
Location: 6360 Collier Blvd., Naples, FL 34114
Number of Acres: 7.76 acres
Zoning: C-3 and MH
Proposed Units: 108 units — Family Workforce
Four, 3-story apartment buildings, with
standalone clubhouse and surface parking.
Amenities
Pool and hardscaped deck, fitness center, cyber
lounge/media room, and picnic area.
An Overview on H.B. 1339
Full Title: Community Affairs; Authorizing a board of county commissioners to approve development
of AH on any parcel zoned for residential, commercial, or industrial use; amending the Florida
Interlocal Cooperation Act of 1969 to authorize private entities to enter into specified loan
agreements; revising the information required to be annually submitted by municipal budget officers
to the Office of Economic & Demographic Research; renaming the Community Workforce Housing
Innovation Pilot Program as the Community Workforce Housing Loan Program to provide workforce
housing for persons affected by the high cost of housing, etc.
A.K.A., the "Community Affairs" bill
Effective Date: 7/1/2020
Bipartisan Support:
The House bill - and its counterpart in the Senate - were introduced by a team of two Democrats and
three Republicans
The votes in favor came from each side of the political spectrum:
House: 101-10
Senate: 39-0
The bill addresses several issues affecting: (1) Development Zoning; (2) Bonding Activities; (3) Impact
Fees; (4) Building Inspections; (5) Affordable Housing; & (6) The regulation, ownership, &
tenancy related to mobile homes, mobile home parks, & related homeowners' associations.
In Summary: How to use this
tool Locally
Your municipality does not have to rezone for land for affordable housing developments.
Your municipality can utilize HB 1339 which allows local governments the right to provide affordable
housing (up to 120% AMI) on land that is zoned Commercial, Residential, Agricultural and Industrial.
Your municipality can gain controls over other aspects of the affordable housing development such as:
Unit Count
Unit Mix
Demographic: Family or Elderly
Architectural Design
Rent and Income Limits
This can be accomplished through:
Development Agreements
Proposed Site Plan
McDowell
HOUSING PARTNERS
Contact
Christopher Shear — Chief Operating Officer
777 Brickell Ave, Suite 1300
Miami, FL 33131
Phone: (773) 981-1817
Email: csheargcdhousing.com
Bill Zunamon — Development Manager
777 Brickell Ave, Suite 1300
Miami, FL 33131
Phone: (847) 287-2322
Email: bzunamonkmcdhousing.com
6360 Collier Blvd Naples FL
7.43ac
PROPOSED SURTAX FUNDING PROJECT
(2) parcels 1.92 acres & 5.51 acres 7.43 +/-
The scope of the valuation assignment is to value the subject property for family
workforce housing. The subject property will be valued on a per unit cost basis.
The tables below rank the top communities and builders for Collier County by building permit
issuance for new single-family attached homes over the past 12 months ending on September 30,
2022.
Rank
1
Community
Orange Blossom Ranch
SFA Perm! ts
152
2
Enbrook
112
3
Isles of Collier Preserve
94
4
Soluna
92
5
Abaco Poinit
55
6
Azure at Hacienda Lakes
35
7
Vanderbilt Reserve
24
8
Bellerawalk/Del Webb Ave Maria
21
9
Sonoma Oaks
21
10
Bella Torso / Fiddlers Creek
20
11
Hamilton Place
13
12
Jasper Way
12
Rank
1
Builder
❑R Horton
SFA Permits
204
2
Lennar
152
3
Toll Brothers
114
4
Minto
94
5
Pulte
46
6
Sobel
24
7
Taylor Morrison
20
8
Krehling, Inc.
8
00725640004 6360 Collier Blvd 5.51ac & 00725040002 894 Henderson Creek Dr. 1.92ac
Comparable's similar to the subject property intended use.
Enbrook PUD $2,181,523 approved 265 units, results cost $8,232 per unit.
Manatee Cove PUD $3,675,000 approved 225 units, results cost $16,333 per unit.
Jasper Flats Villa's $2,275,000 approved 54 units, results cost $42,130 per unit.
Cope & County Barn $2,200,000 approved 42 lots, results cost $52,380 per unit
The average of this data is $30,000 per unit.
Subject property proposed units 108 and Funding Request $3,750,000.
• Estimated market value via developable units $30,000 each x 108 units equals
$3,240,000.
• Estimated market value via closed sales 7.43ac or 323,650sf x 11.00sf equals
$3,560,150 say $3,560,000.
Regulation and Increase, Maintai Enhance Transportat:
Governance Restore Suppl ptions
7 member BCC Increase Density in D: Bus routes near aff.
programdevelopment
Simple Majority for AH
Zoning
Increase Density at
Strategic Sites
Increase Admin Approvals
/ Regulatory Relief
Expedite Dev. Review and
Permitting
Mixed Income Hsg with
flexibility options
Rental of guest houses /
ADU
Commercia y Transp,
Jobs; Incr. density
Community Land Trust
Reduce regs to reduce cost Use Publicly owned land
Adopt SMART code
(LDC)
Reinstate Housing Trust
Fund
Dedicated Funding Source
Adopt New Definition and
Methodology
Commercial to Residential
Reduce or waive impact
fees
Government wages YI an Volunteer
Projects
Park and Ride System Minimum wage Directory of affordable
housing for developers
Bus Rapid transit or
Myths and Facts Brochure
express routes
Implement Pathways Plan Marketing and
Communication Plan
Promote Ride Sharing Hire Community Outreach
Options Coord
Secure revenue source for Streamline application
transit process
Directory of affordable
housing for consumers
Dev Housing Education
Program
Housing Resources Guide
Hire Housing Counselor
Community Vision
Conversions
THE PANEL IS IMPRESSED WITH the planning and
study that has already been completed regarding housing
affordability in Collier County. The panel's recommenda-
tions reflect and endorse much of the work that has al-
ready been completed. However, what i's abundantly clear
to the pane! i's That action and implementation are crucial
to crea ting sustainable solutions. Implementation of the
panel's recommendations will require sincere action -
tremendous political will, and strong leadership.
Reality Check
This is a long range plan
Many items can be implemented
within one year, some longer
Funds may not be available for two or
more years
Growth Implications
In a county expected to grow significantly in population
by 2040, what does that finding mean for the future? The
counter is expected to add 58,000 households over the next
23 years. If the local issue of cast burden is not addressed,
then —at a minimum-11,000 more households will
experience severe cost burden (above 50 percents than do
households today. Given ewer -rising real estate values and
a seemingly bottomless demand for higher -end homes and
rentals, the likelihood of bath the number and percentage
of cost -burdened households increasing is high.
Implementation of Community Housing
Plan- Accepted 10/25/17
Approved 12/ 12/ 17
Move forward with RFI Process on 2 County -Owned sites (approved 5/0)
Approved 2/27/18
Adopt New Definition of Affordable Housing (approved 5/0)
2 Adopt new Housing Demand Methodology (approved 4/1, Fiala opp.)
3. Advocate for full funding of the Sadowski Housing Trust Fund for SHIP and
other housing funding (approved 5/0)
a. Adopt a policy to address housing that is affordable in future public land
acquisitions. (approved 5/0) mw
s. Amend the Affordable Housing Density Bonus (AHDB) program (approved
4/1, Fiala opp.)
Create a concurrent zoning review/approval process (approved 4/1, Fiala
opp•)
Housing Plan Implementation Itemsjk'I
(cont):
Approved 4-24-18
Amendments to the Code of Laws and Ordinances
related to Impact Fee Deferrals;
Supersede/Establish a new Local Housing Trust Fund;
Initiate the process to establish a Community Land Trust;
• . •
Develop a housing that is affordable marketing, public
relations, and communications plan.
Housing Plan Implementation Itemsjk''
(cont):
Approved 10-9-18 �-
-_
rove e administrative approvals ot certain attordable riousing
applications (including senior housing)
Develop a streamlined process for commercial to residential conversions
Develop guidelines to incentivize mixed income residential housing in
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Develop a process to allow for increased density in Strategic Opportunity
Sites
6. Provide an increase in density in the Community Redevelopment Agency
(CRA) areas and along transit corridors
Housing Plan Implementation Items
(cont):
One Cent Sales Sur -Tax
1 1-6-18: Collier Voters approve one -cent sales sur-tax earmarked to raise
$20 Million for land acquisition for Housing that is Affordable
► Bembridge PUD - Use of County Owned Land
► 1 1-13-18: BCC Unanimously directs staff to prepare and release an
Invitation to Negotiate for developers to build housing that is
affordable in the Bembridge site
Outreach,. Marketing & Education
10-8-19: BCC approves contract to initiate "Housing That is
Affordable" Marketing Plan, including YIMBY (YES in my back yard)
Housing Plan Implementation Itemsjk'l
(cont):
Bembridge PUD - Use of County Owned Land
10-22-19: BCC Unanimously Awards Developer Agreement to
McDowell Housing Partners for 78 unit rental apartment complex
with 10% set -aside for seniors, specials needs, & veterans.
Community Land Trust
10-22-19: BCC contract to H.E.L.P. for the creation of a non-profit
Community Land Trust.
Local Housing Trust Fund
► 10-22-19: BCC Approves Guidelines and Work Plan for
application/award of Local Housing Trust Fund allocations.