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AHAC Agenda 05/15/2023Collier County Affordable Housing Advisory Committee (AHAC) AGENDA Growth Management Community Development Department Conference Rooms 609/610 2800 N. Horseshoe Dr., Naples, FL 34104 May 15th, 2023, 2:00 PM Steve Hruby, Vice Chair Mary Waller, Member Jennifer Faron, Member Gary Hains, Member AHAC MEMBERS Commissioner Chris Hall, Member Jessica Brinkert, Member Arol Buntzman, Member Todd Lyon, Member Paul Shea, Member COLLIER COUNTY STAFF Jamie French, Department Head, GMD Michael Bosi, Director, Planning & Zoning Jaime Cook, Director, Development Review Cormac Giblin, Planning Manager, Development Review Sarah Harrington, Interim Director, Economic Development and Housing Julie Chardon, Operations Support Specialist II, Operations & Regulatory Management 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 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 April 18, 2023, AHAC meeting minutes 4. INFORMATIONAL ITEMS AND PRESENTATION a. Committee Vacancies- 6 applications b. Committee Member Attendance Guidelines 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- Revised Work Plan Overview b. Accessory Dwelling Units Discussion (M. Bosi) c. Housing Trust Fund Explanation 7. STAFF AND COMMITTEE GENERAL COMMUNICATIONS a. The Haven PUD – Scheduled for BCC May 23rd (C. Giblin) 8. NEW BUSINESS a. Florida Housing Coalition update for Live Local Act (S. Hruby) b. Recurring AHAC Date and Time – 3rd Monday each month at 2:00pm 9. ADJOURN 10. NEXT AHAC MEETING DATE AND LOCATION: June 19th, 2023, at 2:00 PM Conference Room 609/610 - Growth Management Community Development Department 2 AHAC Meeting May 15th, 2023 2:00 p.m. Sign-In Sheet- Page 1 Signature Name E-Mail Address (If e-mail has changed, please cross out and make changes) Organization Represented Chris Hall Comm. Chris Hall Chris.Hall@colliercountyfl.gov BCC Liaison Stephen Hruby Stephen Hruby shruby@architectsunlimited.com AHAC- Chair Jennifer Faron Jennifer Faron JLZellner@gmail.com AHAC-Vice Chair Resigned Jessica Brinkert jbrinkert@mooringsparkgo.org AHAC-Member Mary Waller Mary Waller mew4naples@aol.com AHAC Member Excused Paul Shea Sheapr1948@gmail.com AHAC Member Gary Hains Gary Hains gary@fl-star.com AHAC Member Todd Lyon Todd Lyon todd.lyon@nchmd.org AHAC Member Arol Buntzman Arol Buntzman arol1112@yahoo.com AHAC Member Jamie French James French James.French@colliercountyfl.gov GMD- Department Head Cormac Giblin Cormac Giblin Cormac.Giblin@colliercountyfl.gov Planning Manager-GMD- Development Review Mike Bosi Mike Bosi Michael.Bosi@colliercountyfl.gov Division Director – GMD- Planning & Zoning Jamie Cook Jamie Cook Jaime.Cook@colliercountyfl.gov Division Director – GMD- Development Review Derek Perry Derek Perry Derek.Perry@colliercountyfl.gov CAO Sarah Harrington Sarah Harrington Sarah.Harrington@colliercountyfl.gov Interim Division Director- GMD-Economic Development & Housing Division Julie Chardon Julie Chardon Julie.Chardon@colliercountyfl.gov Ops Support Specialist II 3 AHAC Meeting ⅣIay 1 5th,2023 2:00p.lln. Sign…ln Sheet―Page 3 Organization Represented E-Mail Address (lf e-mail has changed, please cross out and make changes) Ctp0lcs a?t(e_l;oeLrll"t4$r..,S{Hon4lau7.8lQ hmtr ,Oε os工 〔aur- ZilAr.., C CCι T/耐 こι ylnanah r oftrru b I I fayxai oだ はたレ 4 AHAC Meeting ゝ4ay 15th,2023 2:00p.In. Sign-ln Sheet - Page 2 S●″a“re Name E-Mail Address (lf e-mail has changed, please cross out and make changes) Organization Represented 貌 猟 ″叶笥 [〃杉6に あИ て%″たた //7ノ `レ ソ(昨 MZじ くは QZ-n r*.--r t"Vfi^\ν井♂ ノr 5 Ag enda ltern Noに , 2D Agenda ltem Topic (For Public Comment, list topic) Representing/Petitioner:Other: COLLIER COUNTY ORDlNANCE N0 2003‐53,AS AMENDED BY ORDINANCE 2004‐05 AND 2007‐24,REQUIRES THAT ALL LOBBYIST SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTiVITIES oNCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMiSS10NERS),REGISTER WITH THE CLERK TO THE BOARD AT THE 30ARD MINUTES AND RECORDS DEPARTMENT YOU ARE LIMITED TO THREE(3)MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLV THE CHAIR PUBLiC COMMENTIS NOTINTENDED TO BE A FORUM FOR SELF‐PROMOT10N PUBL C COMMENT SPEAKERS WHO ENGAGEIN ADVERTISING THEIR BUSINESS,PERSONAL POLITiCKING OR OTHER FORMS OF SELF‐PROMOT10N WiLL BE ASKED TO LEAVE THE PODIUM PLACE COMPLETED FORM ON THE TABLE TO THE LEFT OF THE DAlS―PLEASE PRINT CLEARLY 6 Acxorr BensBn e. BnuxoAGE, rNC. Professional Engineers, Planners, Landscape Architects & Land surveyors 7400 Trail Boulevard,Suhe 200,Naples,FL 34108 PhOne(239)597-3Hl Fax:(239)566-2203 MEMORANDUM Date: May 5,2023 To: Michael Bosi, AICP, Collier County ZoningDirector From: Margaret Emblidge, AICP subject: urban Golden Gate Estates Guesthouse Rentals Pilot program Task #1 Initial Data Collection The followine information is included: 1. Property Appraiser impacts. 2. Tax Collector considerations. 3. Existing Residences and Guest Houses in the target area. 4. Initial considerations/findings for discussion. 1. Property Appraiser Research The following is a recount of the information gathered from Annabel Ybaceta, Director of Exemptions & Customer service Departments and Jenny Blaje, C.F.E. Director of Tax Roll Compliance/Data Management Improvements Department with the Property Appraiser's Office regarding the rental of Guest Houses and their perspectives and impacts on their regulatory purview. The main focus was on Homestead vs. Nonhomestead properties and the differences in the assessments and taxes on primary residences and rented guesthouses. The Property Appraiser implements F.S. Subsections 193.155 and 1193.1554. The Properfy Appraiser creates the TRIM Notices for real estate taxes after the first of the year. The TRIM Notice includes taxes for all applicable taxing authorities. These taxes are based on property and structures. This information is utilized by the Tax Collector who sends tax bills and collects payments. There are many nuances to the impacts a rented guesthouse would have on the taxable value of a properry, below is an overview on those impacts. 7 ,|BaRBER Ec ,rBnuNDAGE, INC. Homestead Residential Properties Introduction: Florida State Statute 196.031 requires that you have legal or beneficial title to real property and in good faith make the same your permanent residence as of January lst to be eligible for the homestead exemption. A homeowner must apply for the Homestead Exemption with the Property Appraiser. After the first year a home receives a homestead exemption and the property appraiser assesses it at just value, the assessment for each followingyear cannot increase more than 3 percent or the percent change in the Consumer Price Index (CPI), whichever is less. The assessed value is further adjusted to subtract the two $25,000 Homestead exemptions. The assessed market value is used to determine the taxable value. The market value is based on the value of the buildings and accessory structures (including Guest Houses) and the land value. Note: The School taxable value is based on the exemptions above except the second homestead exemption is not included. Which equates to the school taxes being based on a higher value than all other taxing entities. Renting Guest Houses in Homestead properties: If a Guest House is rented that changes the assessment approach as follows: The Guest House structure is lessed out of the assessed value of the Homestead portion of the properfy. The Guest House is then assessed separately as a Nonhomestead structure. This means that instead of the 3o/o cap, a l0o/o cap for non-school taxable values is applied. This results in a higher taxable value and increased taxes. If the properfy owner decides to discontinue renting the Guest House, then the guest house structure is then assessed at the current market value which will be higher than the original assessed value before renting the guest house. Resulting in an additional increase in taxes. This is similar to when a house is sold, and the new owners have to start over with the Homestead process. The taxes will be higher than what the previous owners were paying because the baseline changes to current values. If the Property Appraiser can prove that the guest house has been historically rented, then the property owner can be back charged to recoup the taxes not paid at nonhomestead valuations. Nonhomestead Residential Properties Residential properties that are not the owner's permanent residence are assessed pursuant to F.S. 193.1554. This statute describes this scenario as follow:28 111:AGNOLI ll‐BARBER& BnuxpacE, rNC. "(1) As used in this section, the term "nonhomestead residential property" means residential real property that contains nine or fewer dwelling units, including vacant properly zoned and platted for residential use, and that does not receive the exemption under s.196.031." "(2) For all levies other than school district levies, nonhomestead residential property shali be assessed at just value as of January 1 of the year that the property becomes eligible for assessment pursuant to this section." "(3) Beginning in the year following the year the nonhomestead residential property becomes eligible for assessment pursuant to this section, the property shall be reassessed annually on January 1. Any change resulting from such reassessment may not exceed 10 percent of the assessed value of the property for the prior year." "(4) Ifthe assessed value ofthe property as calculated under subsection (3) exceeds thejust value, the assessed value of the property shall be lowered to the just value of the property." Guest Houses rented on Nonhomestead residential properties. Rented Guest Houses would be treated the same as the nonhomestead primary residence. 2. Tax Collector Meetins and Research The following is a recount of information obtained from Robert Stoneburner, Collier County Tax Collector and James Moore, Deputy Tax Collector. The primary regulations the Tax Collector implements include F.S. Chapter 197 Tax Collections, Sales and Liens, F.S. Chapter 509 Lodging and Food Service Establishments; Membership Campgrounds and the Collier County LDC Chapter 126-Taxation. The Tax Collector's purview for collecting taxes does not include the renting of residential units for more than six (6) months. The Tax Collector would collect taxes on residences rented for six months or less. Just as an FYI, these short-term rentals may require a Business Tax License, sales taxes and Tourist Development Taxes etc. If the intent is to allow the renting of Guest Houses for more than six (6) months, then the Tax Collector would not be involved.39 :ギ |:AGNOLI に:BARBER& |IBRUNDAGE,INC. 3. Existing Residences and Guest Houses in the target area. The target area for this Pilot Program and assessment includes those residential lots located within the Urban Golden Gate Estates (JGGE) areas west of C.R. 951/Collier Boulevard as depicted on the Future Land Use Map. A detailed assessment of the number of existing residential lots, existing residences and existing Guest Houses was conducted by County Staff (Growth Management, GIS, Property Appraiser). Additional data was provided that includes Estates zoned parcels that arc outside of the Urban Golden Gate Estates but located west of Collier Blvd. A summary of these findings are as follows (also see attachments #l and#2): UGGE: Existing Residential Lots: 3,27 4* I - Existing Residences without Guest Houses: 2,560+/- Existing Residences with Guest Houses: 352+/- Vacant Residential Lots: 362+ l - Non-UGGE Zoned Estates: Existing Residential Lots: 284+ I - Existing Residences with Guest House: 41+/- Existing Residences without Guest House: 192+l- Vacant Residential Lots: 51+/- 4. Initial ConsiderationslFindinss 1. Approve only as a Pilot Program with a 5-year sunset/restudy. 2. Require an annual registration program along with inspections. Review previous rental inspection progrcm for guidelines. Would result in more staff time. 3. Current Urban Golden Gate Estates Sub-Element & LDC regulations exempt GH from Density. 4. What is the preferred Target Market? 5. Traffic generation would increase. There are no LOS standards on local roads. Attachments: 1. Table of Estates ZonedProperties-Located West of Collier Blvd. 2. Map of subject properties.410 Al「ACHMENT#1 Guest House Study of Estates Zoned Properties-Located West of Collier Blvd. Property Appraiser Market Areas Within Urban GGE of GGAMP Data Retrieval Date: April 17 ,2023 Main SF with Guest House (attached or detached) Main SF House Only Vacant Unim proved Parcels Total Parcels in Urban GG Estates Area- Including Vacant Parcels Percent of Existing SF Parcels with Guest Houses MA801: West of l-75, North and South of GG Parkway. 27 45 MA802: East of l-75, West of Santa Barbara BLVD. and South of Dog Ranch Rd. MA803: West of l-75, South of GG Blvd., andNorth of Pine Ridge Rd. 156 MA804: East of l-75, North of Vander Beach Rd., West of Logan BLVD. N. and South of lmmokalee Rd. 383 48 MA805: Abutting Logan Blvd., South to Vanderbilt Beach Rd., North of Green Blvd., West of N/S canal extended. 50 938 MA806: W. of Collier Blvd., S. of Vanderbilt Beach Rd., N. of Green Blvd., East of N/S canal extended. 98 551 108 subtotal 352 2560 362 3274 1209% Parcels with 2 Guest H Total Guest H6 358 2912 Additional Estates zoned Parcels outside of Urban GGE of GGAMP Located west of Collier Blvd, 41 t92 284 Parcels with 2 Guest H Total Guest H 1 42 Study Area Porcel Totqls 39i 2752 413 3558 125θ%Totol Existing Guest Houses 4θ θ 11 A丁 丁ACHMENT#2 7-! ,!i;,-..1I u :1:--'f:lllr'-.: f o .:,' Et L;.,tf ,:: hrl\ g F;ltt ., i Trt,urtrr ,:,..1i ,: lub :.r. rii.h.r dlrl,:tu nl ri ij tr :,".. i tl T Cr・ `‐El■:T tL- irnarnt,J ,j I tltr frl*: 溌漱テ読 あ 勢 ああヽ■■11=日 V」コニ護f ド●ハingbn tic lr= .1●りr1ll l ,3i==.:¬l: C=じ 口!:・ C luL・ "ind=腱 r・ ‐ C゛ unい 、 C tutヽ t,w:[Il l F_・ i al Fテ 11■onコ ,3`ll H●1,ln cl.ト ■ ci常 1 に:1●LEPlr'. f_'.r"f ai,irrrllr r:lub ,,,■,1.:卜 =`: lお :. 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E、=r ll…:| 「「・ L '3こ 1, 1:、」 ′ :: it,unt● 1 ■ =1い し 上 12 April 18, 2023 1 MINUTES OF THE COLLIER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE Naples, Florida, April 18, 2023 LET IT BE REMEMBERED, the Collier County Affordable Housing Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 Horseshoe Drive North, Naples, Florida, with the following members present: Chairman: Steve Hruby Vice Chairman: Jennifer Faron Jessica Brinkert (excused) Arol Buntzman Gary Hains (excused) Commissioner Chris Hall John Harney Todd Lyon Planning Commissioner Paul Shea Mary Waller County Staff Members Present: Cormac Giblin, Planning Manager, Development Review Mike Bosi, Director, Planning & Zoning Derek Perry, Assistant County Attorney Jaime Cook, Director, Development Review Sarah Harrington, Interim Dir., Economic Development & Housing Julie Chardon, Ops Support Specialist II, GMD 13 April 18, 2023 2 Any persons in need of a verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE [The pledge of allegiance was recited.] Chairman Hruby called the meeting to order at 8:32 a.m. He told speakers they have to register prior to speaking and can speak up to three minutes, unless the time is adjusted by the chairman. If you’re disabled and need an accommodation to participate, you can contact the county Facilities Management Department. Devices for the hearing impaired are located in the County Commissioners’ Office. 2. ROLL CALL OF COMMITTEE MEMBERS AND STAFF Mr. Giblin called the roll call and noted Mr. Hains and Ms. Brinkert have excused absences. A quorum of eight was present in the boardroom. Planning Commissioner Shea asked what makes an excused absence versus unexcused. Mr. Giblin said it’s unexcused if they don’t provide notice. A discussion ensued over non-excused and excused absences. Planning Commissioner Shea said getting an absence excused bypasses having to show up. Ms. Waller said Ms. Brinkert is good when she shows up. Mr. Giblin said he will provide the complete attendance record and the ordinance/resolution next month so they can discuss it. Planning Commissioner Shea noted that at the Planning Commission it’s by permission and they vote on it. Chairman Hruby said if it becomes flagrant, the committee could tell her to either start coming or resign. We can force her to resign. 3. APROVAL OF AGENDA AND MINUTES a. a. Approval of today’s agenda Mr. Giblin said he has one addition from staff under New Business, a discussion over a possible change to the AHAC’s meeting date and time. We’ve been talking with Commissioner Hall’s office recently about changing it to a different time. Chairman Hruby asked if it was a discussion for a specific month or our general schedule. Mr. Giblin said it’s for the ongoing schedule. Chairman Hruby asked if anyone had an objection to that. [No one objected.] Ms. Waller made a motion to approve the agenda, as amended. The motion was seconded by Mr. Lyon. The motion passed unanimously, 8-0. b. b. Approval of March 21, 2023, AHAC meeting minutes Planning Commissioner Shea said when he reads the minutes, there’s a tremendous number of action items buried in there. Is there a way we can highlight those to show they’re action items to keep track of them? Mr. Giblin said you can ask the minutes taker to make those highlights in the minutes. 14 April 18, 2023 3 Chairman Hruby suggested making them boldface. Mr. Giblin said votes and motions are typically highlighted. Planning Commissioner Shea said there are a lot of things that say somebody’s going to do something and they’re buried. They’re action items we’re not tracking. Chairman Hruby said that’s a good point. He gave kudos to the minutes-taker, calling it a very thorough set of minutes, probably one of the most thorough we’ve seen. It really documents what went on. Since we’re not videotaped, it’s great to have that level of detail, so thank you for your effort. It’s a lot to put together. Ms. Waller made a motion to approve the March 21, 2023, meeting minutes. The motion was seconded by Planning Commissioner Shea. The motion passed unanimously, 8-0. 4. INFORMATIONAL ITEMS AND PRESENTATION a. Committee Vacancies – Two Applications Chairman Hruby noted they have one vacancy and will have another soon and have two applications. Mr. Giblin said he spoke with the office that advertises the vacancies. The seats remain vacant until staff tells them to close the posting. So far, they’ve received two applications from Hannah Roberts and Susan Ryan, which are in your packet. We haven’t told them to close the posting yet. We have the seat vacated by former chairman Trachtenberg and possibly another seat coming vacant shortly, so we may keep it open until we have two seats to get a good slate of candidates. Chairman Hruby said he’s been talking with someone who’d be an excellent candidate. He was serious and we met twice to talk. He called last night to say he can’t do it for about six months due to commitments, so he said next time. He’d be an excellent candidate for the AHAC, so we’ll keep in touch to ensure he submits his application next time. Mr. Giblin said the two applications in your packet are informational only, just to let you know who applied. The posting will run for another 20 to 30 days. Chairman Hruby said this could be an action item for us at our next meeting. Mr. Giblin said we may try to wrap it up then. Action Item: Discuss the applications received for vacant seats at the next meeting. Planning Commissioner Shea asked what the requirement was for attendance. The Planning Commission’s policy is that if you miss two and it’s not excused, you’re done. Mr. Giblin said the county has the same attendance requirements for all advisory committees and subcommittees. Ms. Waller noted that some haven’t been attending and asked if they’ve been keeping track. Mr. Giblin said we can include an attendance summary in your next packet. Ms. Waller said they need to start recruiting earlier. Last year, we had a committee that couldn’t vote. We need to start our renewal process earlier so the seats aren’t vacant. Mr. Giblin said he’ll suggest to the County Attorney’s Office that seats that are expiring be advertised 60 days before their expiration date. Ms. Waller said if you advertise a few days before the expiration date, the seats will expire. They’re no longer a member of the committee. It needs to be advertised prior to the expiration date. You’re not allowing enough time for another. Mr. Giblin said he’d ask for 60 days. 15 April 18, 2023 4 Planning Commissioner Shea asked if they had to be specific about the expiring seats. Mr. Giblin said they do. Chairman Hruby said the seats are filled by category. [He then called the roll call so they can determine absences in the future.] Action Item: Ensure a roll call is taken to keep a running tally of absences and include the tally in the agenda packets. (The minutes title page shows absences.) 5. PUBLIC COMMENT [None] 6. DISCUSSION ITEMS a. Subcommittee Recap – J. Harney i. AHAC Work Plan Review Mr. Harney provided a report on the subcommittee’s work plan:  Jennifer put together an outline for a strategic plan, a work plan. The idea is to make it an ongoing, updated list of plans because we don’t have an ongoing work plan to determine where things are. In the past, we had initiatives and created those as part of the Local Housing Assistance Plan.  The LHAP is required by the state as part of the county ordinance that created the AHAC. There’s not much about meetings written down.  The idea is to create a plan we can work from. We reviewed the plan in depth at the last meeting and took a couple of items off because they’d already been handled or are about to be finished, so they’re not appropriate to move forward on.  We have a revised list that includes everything we feel is important going forward.  We had a lengthy discussion about the subcommittee’s work and redefined it. We decided it would largely decide what we talk about at the full AHAC meetings, rather than to be a score sheet that we work on. The subcommittee would screen issues on an ongoing basis before the full AHAC works on them.  There has been bloat in our meetings. Several things were presented here that maybe aren’t relevant for us to talk about. They took up a substantial amount of time over the last year or two. We have enough really important items to work on, so it’s better for us to sharpen what we’re working on and give it the time necessary, rather than be distracted by other things that have come in here.  Some items in the last year probably never should have gotten to the full AHAC. The idea is to have a good plan and have the subcommittee develop it, then have the full AHAC work to execute it. Chairman Hruby told the AHAC:  We’re not sure what to name the subcommittee yet. It works like a non-profit board, an executive committee that screens the agenda to keep board meetings efficient, on target and on time.  We discussed whether to meet every month or year and the consensus was to meet quarterly to update issues.  We discussed whether the subcommittee helps set the agenda and decided the most efficient way to set the agenda is as we’ve been doing it, with the chair, staff and Cormac sitting down about a week before the meeting.  He will be co-chair of the subcommittee with Mr. Harney to help tie it to the agenda. Mr. Giblin said it would be an ongoing subcommittee that would meet quarterly to basically steer the initiatives that would be discussed by the full AHAC. 16 April 18, 2023 5 Vice Chair Faron said it’s akin to the annual strategic planning that you’d see in private enterprise, where you do this toward the latter part of the year. Some things will roll off the list because they end, while some will continue indefinitely. The subcommittee would help set it up so we don’t spend a lot of time at the full AHAC discussing what we’re going to discuss. Chairman Hruby said the idea is to be more efficient. Commissioner Hall said he’s impressed with it. It’s a good tool to use. Kudos. Chairman Hruby noted that Jennifer compiled it. Vice Chair Faron said that everyone helped. We’ve done a lot of this work and the goal is that Commissioner Hall will be able to tell people what the AHAC is doing. It holds us accountable, gives the BCC comfort with what we’re doing and sets the stage for our agendas and discussions. Ms. Waller noted that it outlines different aspects that are recommended. These are to be recommended or these are already decisions that are made that AHAC is going to recommend. Vice Chair Faron said the idea is that these are concepts the AHAC will research, investigate and potentially come up with a recommendation to the BCC. We’d have recommendations we’d ask the BCC to approve. Some may not make sense due to research and staff time, but this is a starting point for the AHAC’s discussion. b. BCC Initiatives vs Live Local Act – M. Bosi Mr. Bosi reported to the AHAC:  He provided the Board of County Commissioners with the state’s ideas and those from the 2017 housing plan, which have parallel concepts.  The Live Local Act is a provision that prohibits jurisdiction, cities, municipalities and counties from holding public hearings when there’s an affordable housing proposal with at least 40% allocated to an income-level threshold identified within Florida Statute 420.004, which has low, very low and a gap in moderate ranges if you provide 40% of affordable housing at a minimum of 120% of AMI for a 30-year period.  If the project is commercial, industrial or mixed-use property, you can’t be required to go through a public hearing. You’re entitled to those intensities, the upper threshold.  If you have 40% of that and if you’re on commercial, industrial or mixed-use, then you’re entitled to the intensity and density of the highest level allowed within residential, where residential development is allowed within unincorporated Collier County right now, which is 91.77 units an acre.  The height you’re entitled to is three stories, or the tallest structure allowed commercially and residentially within one mile of your project, so it depends on where the project is. Within a one-mile radius, you’re entitled to the highest approved heights allowed within that radius. Chairman Hruby asked if that refers to the zoning requirements, all buildings that may be in a PUD. Mr. Bosi said if the zoning is a PUD. Chairman Hruby said if you have a 12-story building a mile away that’s already built and part of a PUD, that’s your benchmark? Mr. Bosi said that’s the benchmark, unless the PUD allows for even higher than what was constructed. It allows for what was approved, so it doesn’t have to be whether it allows for 150 feet, but they only built 120 feet. The project would be entitled to 150 feet. Chairman Hruby asked if it crosses borders. 17 April 18, 2023 6 Mr. Bosi responded that:  They can’t cross borders. The City of Naples cannot look to the county and the county cannot look to the City of Naples. It has to be within the jurisdiction, so you’re entitled to the height in that allocation that the one-mile radius provides.  The density allowed for the mini triangle is 92 units an acre and then what you’re required to do is go to your Site-Development Plan. You’re not required to go to a public hearing. You go to the SDP and the task is to provide for water management, landscaping, buffering, etc., that comes into play and make sure that can fit within the envelope of the height.  Most projects probably will not be able to accommodate 92 units per acre due to fit, unless there’s a really tall structure in close proximity (one mile) and it would be hard to get parking levels and all the units constructed within the height envelope. Chairman Hruby said financially, if you’re building a multi-story parking garage and 40% of the units are affordable, you’re not going to be able to pencil that one out. Mr. Bosi said we’ll definitely be dictating as to what and how much. They can take advantage of the allowances of the additional density and then it’s simply an SDP. Mr. Bosi continued his presentation, telling the AHAC:  Another parallel issue is temporary. Think about it in terms of how the application would be for the City of Naples. There’s another bill, Senate Bill 250, which says since the date of Hurricane Ian to October 1, 2024, no jurisdiction, municipality or county can approve any new, more restrictive land-development code regulations.  The City of Naples is proposing many modifications to its Land Development Code right now and is going through a lot of consternation over it. He’s not sure they recognize that Senate Bill 250 will put whatever decision they make on hold before they can implement those.  The City of Naples now has City Council sign off on SDPs. The requirement from the Live Local Bill is you get your intensity and your height that’s given to you, but you still have to go through the SDP process. In Naples, the SDP process is now political. They’ve created a conundrum that they’ll probably struggle with for a while, but we’re going to meet with the administration to try to provide clarity within our Administrative Code on how these projects may be able to move forward to take advantage of what Live Local Act says and creating rules for how that would move forward, what you’re entitled to with density and height, and then the SDP process.  The County Housing Plan recognized that commercial and industrial mixed-use were areas that were ripe for affordable housing by right, and that’s what the state did. The state recognized that scenario, that the intensities associated with those land uses traditionally have a higher trip generation than what’s generated by residential projects, so allowing residential to move forward without a public hearing is not as egregious of a step in isolation as it would have been because the intensity associated with residential development is less in terms of traffic generation than what commercial or industrial properties provide for.  Because of that thinking, the county and state were both in line. Our amendments mirror the same permissions in the same focus area that the Live Local Act provides.  He’s not the interpreter of the state statute. The court system is. Within the first year of this process, there probably will be a tremendous amount of litigation from jurisdictions and counties to work out kinks to determine how the act will be applied because anybody who reads the statute has found a lot of disagreement.  Some consider it straightforward, while others don’t. We may interpret it in a different way. There’s a lot of ambiguity that will be applied to the act and how it moves forward. 18 April 18, 2023 7  We’re going to craft potential ways to move forward, going to go to the Board of County Commissioners to ensure they agree this is the right application for how we can move forward. Chairman Hruby said there seem to be three options that our development community can follow, not only Live Local Act, but Sen. Bill 1339 and our four initiatives, when they become part of the Land Development Code, so we have a lot of flexibility to move from one to another, depending on what makes the most sense. Mr. Bosi agreed. There are more avenues now than there have ever been. Vice Chair Faron asked if they could talk about House Bill 1339. She understood it’s described as the silver-bullet option. If she’s a developer who wants to build 250 units and she has various regulations, how does HB 1339 play into what’s recently been passed by the BBC and the Live Local Act? Is it even a tool anymore? How would the BCC use that? Mr. Giblin said it can be used because this only applies to commercial, industrial and mixed- use. House Bill 1339 can be used anywhere and it’s for a county-initiated special project. Mr. Giblin described the differences:  Senate Bill 102, the Live Local Act, is like an anti-NIMBY law on steroids. It’s YIMBY, “yes, in my backyard,” and we’ve seen this initiative take place on the west coast and move this way. This is a direct result of decades of affordable housing developers getting beat up in every local Planning Commission, city hall and Board of County Commissioners meeting when they try to build affordable housing. They made their plea to the state legislature and the governor – and this is the result.  Basically, if the density was good enough for million-dollar condos at Metropolitan Naples and if the height was good enough for the Towers on Isle of Capri, then why isn’t it good enough for affordable housing? Chairman Hruby noted that it kind of levels the playing field. Mr. Giblin continued his explanation.  That’s the bottom line here in the Live Local Act. It doesn’t allow affordable housing to have any additional height or density than the county already has seen fit to approve for other types of projects.  We’re seeing that play out regularly in Collier, when we have 100 concerned citizens at public meetings who are always anti-affordable housing. This levels the playing field. Vice Chair Faron noted that he said it’s all going to get straightened out as it gets applied. There could be lawsuits and court cases, etc. Is there any concern on the part of staff on the murkiness that exists right now before it all starts? Or is it going to stifle some development because people want to wait to see what happens. What’s your thought on how this works in the meantime? A developer would want to get a shovel on the ground every day. Mr. Giblin said that in the three weeks to a month since the Live Local Act passed, he’s been getting calls from land-use attorneys, developers and builders asking how to apply, what’s the process, who do I call in the county to start? Our response has been, No. 1, it’s not effective until July 1 and, No. 2, we’re learning it as we go and we will get there with the process, but we’re not there yet. We need to figure it out. Mike’s advice to people walking in the front door and asking our front desk is to do a Zoning-Verification Letter to verify the highest building within a mile, what the density is, and then that can start the process rolling. 19 April 18, 2023 8 Chairman Hruby said it’s interesting that many folks are stepping up. This isn’t really discouraging. Ms. Waller said it’s good. Mr. Harney said it validates what we’ve been working on here locally, that builders are out there, they’ve been waiting for a change and they’re ready. He asked Mike about the recommendation to the BCC to approve the petition that gets sent to the state. Has the state DEO received our four amendments for review? Mr. Bosi said yes, they transmitted them within a week of that. Mr. Bosi elaborated, telling the AHAC:  We don’t anticipate that we’re going to have any comments from the state.  It’s an issue where they were trying to promote additional affordable housing. That’s something the state has been very supportive of, especially with the Live Local Act. What the state is offering almost outsizes our initiatives, so he can’t imagine the county will get comments other than a “no comment” from state agencies.  From that, we’ll take the LDC amendments associated with those Growth Management Plan Amendments and take them to the DSAC-LDR subcommittee this afternoon. They’ll go before the full DSAC in the next couple months and then will come back for adoption by the Planning Commission. The Board of County Commissioners will have the LDC Amendments that will implement the GMP Amendments, which will be second fiddle because they’ve already been heard once by the Planning Commission and the BCC. They’ll focus on the LDC implementation language for these initiatives. That likely will occur this fall. Chairman Hruby said moving ahead with that process toward the LDC amendments while the state is reviewing the Growth Management Plan Amendments is good. Any other comments? Commissioner Hall said that when he hears that the Live Local Act gives tax-credit equity as an incentive, how does that apply if he’s a builder and gets tax credit equity? Mr. Giblin said Michael Puchalla, executive director of the Collier County Land Trust, will address that. Mr. Puchalla told the AHAC:  The Florida Housing Finance Corp. manages both the 4% and 9% tax-credit programs, which have always been the No. 1 tool for affordable development. If a developer isn’t going to be charging market rates, it gives the equity needed to make their deal work, so they’re encouraging corporations to add additional money.  They’re creating this incentive for a corporate entity to get tax credits to invest their additional money into the sale program. It’s a mixture of the state having a tax-credit program, but allowing Florida’s corporate entities to invest an additional $100 million into the sale program, the State Department Incentive Loan Program.  That program offers financing at 1% for up to 15 years for a developer doing affordable housing, so they’re increasing the amount of money available in the sale program, which is huge for the affordable community, allowing corporations to invest up to $100 million into that program.  In exchange for that investment, they’re getting tax credits for corporate income tax and some of their sales tax.  Commissioner Hall said as a business owner or corporation, he can save actual tax dollars by putting them in there and then the fund that he put it into is XX percent. It’s debited out or subsidizes the deal to make it work. 20 April 18, 2023 9 Mr. Puchalla said the state Housing Finance Agency in Tallahassee is managing that and will be responsible for creating and managing the program. The state also is giving an extra $150 million a year for 10 years into sale, so they’ve got money going in now. They’re saying we can get up to an extra $100 million from corporations, so they’re increasing that pot of money for the development community. Commissioner Hall asked how a developer would tap into that and maximize. Mr. Puchalla told the AHAC:  There’s a yearly RFA process through Florida Housing Finance and developers know when they can apply. They’ll probably have special RFAs and there will be announcements from Florida Housing Finance Corp. when they’re ready to say they have a certain amount of dollars. They’ve even had additional money from Hurricane Ian, the Residential Rental Loan Program. That was a special announcement.  The development community knows they have workshops in Tallahassee where they can listen and get feedback. Once they’re ready, they can open up an RFA similar to what we do locally for our SHIP CDBG home funding. That’s available at the state level.  There’s also a Community Contribution Tax Credit Program. If you have a local project that’s a bit smaller, you also could fund that through the DEO to get a tax credit. They had up to $14.5 million per year available and are increasing that to $25 million at the state level. If it’s a small project, you could go to our local corporate entities to ask if they’re interested in funding it. You’d get a 50% tax credit if you put your money into this type of project and a developer could gain some units that they might find important while getting a tax credit.  It’s a do-good to get-good concept, a win-win, an increase for a local tax credit-type of project. Commissioner Hall said that helps. He’s out talking to people and others come to him to ask what they can do and how they could apply this. That will help him explain it better. Chairman Hruby said he gathered that those were a supplement to the presentation. You took each LDC amendment, identified the parcels, the number of acres and maximum density we could get and calculated the potential that would be out there – and it was phenomenal. Did you have about 27,000 market units and 14,000 affordable if we build everything out? Mr. Bosi said that’s if you build everything out and there’s a lot of redevelopment along density lines and transit lines. Chairman Hruby said that with your understanding of the county, planning and the development community, if you had a crystal ball, how much of this do you think is reality versus potential? We’ve had Empowerment Zones around major intersections for years and had an affordable-housing bonus there, but nobody participated. Do you think this is a different situation? Do you think developers will participate now? Mr. Bosi told the AHAC:  15-20% of those total estimates probably can be realized.  Planning attorney Rich Yovanovich felt the Live Local Act did nothing for his clients because they’re traditional builders who don’t think about where the benefit is.  For more traditional affordable housing providers who take advantage of tax breaks and government financing, we’ll look at that and the height and density allowances we provide for to make their projects work in a more economical way. The pro forma and performance limitations might not be able to resonate with the densities allowed for with the type of amenities and what this market demands. 21 April 18, 2023 10  What we’re probably going to need to experience over the next couple of years is to try to attract more affordable-housing builders like Rural Neighborhoods. That might be critical to seeing some of these projects move forward with maximum efficiencies.  There will be more affordable housing providers because we’re doing it now up to 22% with local builders. They do it because they need to get increased density. They’ll give you 22% and make it work, subsidizing their market rates off their affordable housing units.  The advantages of Senate Bill 102 sit within affordable housing providers and having the densities and intensities coupled with tax credits. If you target some lower- income levels, you get property tax abatements within the Live Local Act, another potential cost savings that can stretch the performance more.  There will be much to come over the next 1½ years. We need to have a robust or at least an effort at marketing to affordable-housing builders who aren’t in this market yet. We’re creating opportunities with the Surtax Subcommittee, the surtax money and filters we’ve created to tell them to bring us projects, here’s our scoring system.  You can use the four county initiatives or the Live Local Act. If they could bring an idea that marries those, we’re going to start attracting different providers who haven’t been in this market yet and that could yield additional benefits. Chairman Hruby said that’s huge because he deals with many housing developers nationwide, trying to encourage them to come to Collier County. They used to look at it, look at the numbers and the complexity of developing here and say, “No thanks. There are better ways of doing business.” Now that we have them coming to the table, and if this encourages more and there’s more competition, that’s a positive. Mr. Bosi said if you think about with the Community Land Trust and the $20 million we set aside for land acquisition with the entitlements that are provided for within the Live Local Act, you could have interest from developers who haven’t touched this market to see if they can get land that’s made available. We can couple this with our tax credits and the property tax abatements that are provided for and they can pencil together projects that could have a significant gain in terms of adding to the supply of affordable housing in this market. Vice Chair Faron told the AHAC:  She spent 11 years on the board of a not-for-profit affordable-housing developer in Chicago, Milwaukee and Madison, Wisconsin and looked at pro formas when she was on the Project Review Committee and the Finance Committee. This will help.  But you still have some of the same common denominator issues any developer has – construction costs, construction loans, turning to permanent loan financing and the high-interest rate environment. This is not the end-all, be-all. We still have external pressures that any developer does.  We could try to start to control big influences like construction costs.  She drove to Punta Gorda last Friday to look at CoFutures’ prototype of its prefabricated steel-panel housing, which Commissioner Hall brought to us last month. It’s a remarkable product. They have the process down to the minutes and seconds of how to build a house, a tremendous process and efficiency. But can they scale right and can other companies like that scale to the extent that we can encourage that kind of technology in Collier County?  She asked what it would take for CoFutures to come to Collier County. He said impact fees and the cost of land are problems, but there are some things that some of this will offset. Taking a look at the other side, new technology and building, some of that will take a long time to come online and CoFutures is still building its factory. It’s not yet scalable, but it was an interesting tour and she wondered how it would apply in Collier 22 April 18, 2023 11 County, if they could put up 36 houses in 30 days.  There’s a multi-use component where they can build two-, three- and four-story buildings faster, better and more energy efficient, which helps offset utility and maintenance costs, etc. The combination of those is what we need, whether it’s CoFutures or another builder, that kind of use as pro formas break on operating costs on a building going forward. It’s not just construction costs. They break on the operating costs, especially in affordable housing, where it’s a higher-intensity residential use. It’s got more social issues typically assigned to it with tax credit work, so we can solve some of this, but we still have ongoing pressures from other issues. c. Golden Gate Golf Course Development Update – C. Giblin Mr. Giblin told the AHAC:  The AHAC requested that we update you on where we are with the affordable- housing development on the Golden Gate Golf Course.  We’re planning a couple of agenda items that are going to the BCC for their next meeting. The executive summary is in your packet.  The BCC went out for an Invitation To Negotiate for a developer to build affordable housing on the portion of the golf course property in December 2019.  In November 2020, Rural Neighborhoods was officially approved and the developer agreement was approved by the Board of County Commissioners.  Since then, the property had to go through a Growth Management Plan Amendment and a PUD rezone to change it from a golf course to apartment-complex residential and various other uses that are divvied up on the old golf course property.  That took place and finished its process last year. During that time, Rural Neighborhoods was drafting architectural plans, a land-use plan, getting contractors on board and seeking financing.  They’ve applied to Florida Housing Finance through some of the programs Michael mentioned. The tax credit programs occur yearly and there’s typically an RFA (Request For Applications) released during a yearly cycle from Florida Housing Finance Corp. The project wasn’t successful in its first round, but was successful in its next round and they have a funding commitment for the essential-service personnel housing portion of the development, 250 family units.  There’s another component, an additional 150 senior housing units project that’s going through the process now and he’s seeking funding. He’s close to wrapping up a funding deal for the items we’re bringing to the BCC at its next meeting.  One is included in your packet, a few slight modifications to the original developer agreement. One is to reduce the lease area by just under two acres. One of the requirements when we redevelop a golf course into residential is that there be a 75- foot buffer around the entire old golf course area to buffer existing residential from what once was a golf course and which now will be multi-family housing.  Rural Neighborhoods asked that the strip be removed from its leased area and remain with the county for ongoing maintenance. That made sense to our Real Property staff because we’re going to be maintaining the balance of the property anyway. One of the minor tweaks is to remove the buffer strip from Rural Neighborhoods’ maintenance to county maintenance.  The next clarification is that some of the income targets in the agreement have been shifted. We’ve been successful in having them lower their target incomes and rents from what was originally approved. Originally there were some units at 140% and a greater mix of units at 120 AMI. We’ve been successful in reducing that and having them produce a more affordable product. That has to do with the fact that as time evolved, interest rates and construction costs went up. There’s been a need for Rural 23 April 18, 2023 12 Neighborhoods to apply for more grant funding, which comes with requirements that you target the lower incomes. Some of that has been driving the target incomes of the residents.  It also clarifies the construction timeline. In the previous version, it was dependent on the county completing the Growth Management Plan Amendment and the rezone. Those have been completed. Now the only outstanding item is for his financing commitment, which we’re going to give him. The draft says 12 months, but we’re probably going to give him six months to add urgency and move it to completion.  The other two companion items are the changes being proposed for the developer agreement. They’re going to be mirrored in the land lease as they’ve tried to fund the project and fill the funding gaps. He also applied for and will be awarded a $1.5 million county SHIP loan to help fill some gaps. In total, it’s an $82 million project for 250 units, just the ESP housing side, not the senior side. County sources that are going to help fund this are the land. That portion is valued at about $5.5 million. We’re going to be giving an impact fee waiver valued at about $5 million and the $1.5 million SHIP loan.  Two other sources will come into play and they’re going to be blended both on the ESP side and the senior housing side, which is going to be receiving a roughly $2 million state HOME grant, from the federal HOME program, and about a $4 million grant from the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program. It’s money from the Treasury Department that involved the coronavirus that can be used. Now that the coronavirus pandemic is largely gone and paid for, the Treasury has a lot of idle money sitting on its hands, so they’ve consistently been increasing allowable uses. One is affordable housing, so there’s $4 million from that,.  In addition, this project came to us through a partnership with the Community Foundation of Collier County for a $10 million grant. Those are the public and non- profit sources that are helping fund it. The rest of the $82 million is up to him finding financing, which he’s well on the way to doing. Mr. Harney noted he said impact-fee waiver, rather than deferral, so those impact fees would be removed? Mr. Giblin said the county’s impact fee program has a 10-year deferral for rental housing. As the developer plugged that into its pro forma, it was nice, but it wasn’t. He still had to pay those fees, either over 10 years or have a balloon payment in 10 years. In negotiations directly with the County Manager’s Office (Amy Patterson used to run our impact-fee department, so she’s probably the most knowledgeable person in the county regarding impact fees), she has sought outside legal guidance and thanks to some changes in state law, she’s confident that through the use of a land-use restriction agreement for 99 years, we can waive those. We’ve already owned the land for 99 years and we have those restrictions in place. Mr. Harney do you foresee the possibility that impact-fee waivers might be available for other projects in the future? That’s important. We’ve never seen that before, right? Vice Chair Faron said during discussions about that project, she understood there was still an outstanding environmental issue involving the golf course and a discussion on who’s going to pay for the study and remediation. Has it been resolved so he can move ahead once he gets his financing? Ms. Cook said as far as the outstanding environmental issue, they’re still conducting soil testing and the county is behind all of it. They’re paying for the entire golf course. Vice Chair Faron asked if it’s necessary, would the remediation be paid by the county, or who would pay for that? Mr. Giblin said he spoke with the developer yesterday and he indicated he was hopeful on 24 April 18, 2023 13 this issue, so he was surprised to hear his optimism. They’ve done the testing on the golf course site and found chemical infiltration, but what he said was they found it virtually at all depths. It wasn’t just on the surface, it was on the depth. He has DEP guidance to do mirror tests at a nearby school site or a government-owned facility nearby. If they find similar levels in those tests, then what was found on the golf course may be deemed background and he may be on the way toward a less involved mitigation. Chairman Hruby told the AHAC:  He’s confused about the $5.5 million worth of land being put into a land lease and it’s going to be in trust.  The way he reads the paragraph, it appears the county is going to reimburse itself from the surtax fund for that land. He was under the impression that wasn’t the intention of the $20 million. His understanding is if you had county owned land and you donate it, you don’t get reimbursed. What’s going on?  This committee has constantly been saying that $20 million shouldn’t be for dealing. We heard rumblings about it being used for reimbursing the purchase of the golf course. The AHAC was pretty much advising against that.  If you’re going to take $5.5 million dollars to reimburse yourself, you go into the Housing Trust Fund, not General Revenue. No. 2, there’s a larger policy decision here about how you use county land. If county land is going to affordable housing uses, it should be donated and not reimbursed, whether it’s philanthropic or our penny tax. As a committee, we should talk about what kind of policy should be established for the use of county land.  That’s taking 25% of our valuable $20 million to reimburse the county, which isn’t a great public image right now.  He’s not sure how the AHAC feels, so he wanted to bring it up for discussion. Mr. Harney said several other projects we’ve talked about have been taking some part of a park land like that as part of something the school district is involved in. Would they expect to be reimbursed when an affordable developer comes in? Mr. Giblin said this wasn’t land that was sitting in surplus and owned by the county, like the parks. This was purchased specifically for housing, so infrastructure funding was available. Those decisions were made by the prior County Manager and county administration who are no longer here. At the time, this was contemplated to fund at least some of the golf course acquisition. Chairman Hruby said he’s not saying you have to unwind it because it may be too far down the road. But it’s a red flag that maybe there needs to be a more aggressive policy for the use of any land the county buys or owns. That’s what he wants to discuss. Look how many millions of dollars we contribute for conservation land and put in trust and nobody gets reimbursed. Why can’t we do the same for affordable housing? Ms. Waller asked if it was originally set up that any land the county sold or got reimbursed on that funds would automatically go into the Housing Trust Fund. Her recollection is that if the county sold land, the funds acquired from selling that land would go into the Housing Trust Fund. Mr. Giblin said that would occur if a piece of land was bought with impact fees, and 20 years later, it was sold. The original funding source gets paid back if there’s any excess. Ms. Waller said she’s always said they were going to figure out a way to get the $20 million to go to the golf course. That $5.5 million that you’re going to get, what is that considered? Mr. Giblin said the county is looking at it like the county is already in the negative $20 25 April 18, 2023 14 million. It was $25 million, so we’re already in the hole and we want to reimburse ourselves. Mr. Harney said that begs the question for establishing long-term, regular replenishment of the $20 million Trust Fund. If you take 25% of it away, something else may come along. At this point, there is no established annual replenishment program set up for the fund. Vice Chair Faron told the AHAC:  She wasn’t certain she objected to that. The county didn’t have to purchase that land. It could have gone to any use.  This predates her involvement or knowledge of it. Imagine if that parcel had been sold to the highest bidder and was used for something else and there was no affordable housing there or limited affordable housing.  The county made a substantial investment in that land. The $5.5 million, if it swaps funds and goes from the surtax fund back to whatever fund it comes from, the county is still making a substantial investment. The $5.5 million is being reimbursed. The county has still paid how many hundred million dollars for it, so she doesn’t see an issue. She’d have a larger problem if it were a piece of county land that’s always been county land for a long time that wasn’t saved from being something else. This golf course was saved and then you’re reimbursing, charging a fee for something for that use of the land, and you’re using the surtax fund to reimburse the county.  This feels different. She’s uncertain how the funds move and where this $5.5 million goes to. If the surtax fund writes a check theoretically to the county where it goes to the general fund, etc., but that frees up money for other things. She has no objection.  It’s different from if it were regular county land sitting around a long time. The county saved this land from being something that may not have supported affordable housing. She appreciates that the county wants to get some money back to reinvest in something else. Chairman Hruby responded:  His point is more policy driven and we’re dealing with policy. He’s making an issue of this because there was a reason. What happens the next time if 50 years ago they paid $1 million for this park?  We need to think about it in this environment, in this marketplace, how the county deals with land it may purchase or may already own. What’s the policy for it? Are you going to get reimbursed? Where does that money go? Should it go back into the Housing Trust Fund?  He’s not trying to unwind this because the deal is done, but it begs the question of how do you deal with these things in the future? That’s an issue we may want to ask county commissioners. “How do you feel about this? What’s its policy?”  That may have implications for future affordable-housing development. If you’re using your own land, where does this land rest when you’re putting it in trust? How can you be assured these projects will mainly be maintained as affordable housing. He wanted to discuss that, not that you can’t take that $5.5 million and reimburse yourself. That deal is done. Commissioner Hall told the AHAC:  He’s thinking about it as if it were his property. If he has property and wanted to give and he wants to sell it to someone and they purchase it, then he has money he needs to do something with. He can put it back in the Housing Trust Fund, pay off debt and do whatever.  If he has property he doesn’t want to sell but wants it to be used for a greater purpose, then he can lease the property and he’d have monthly cash flow coming back to him 26 April 18, 2023 15 that he could do anything with. He could reimburse a fund that he used to purchase his property or use it however he needs to.  If he sells the property, it’s gone. However, if he sells the property to a non-profit that pays no taxes for the use of that land it’s being used for a good purpose, but that land is never producing back to him. But at least you know there’s no ad valorem taxes coming back for the public good. There is cash flow from the lease coming back.  It’s not like it’s a policy set in stone. As Cormac said a few meetings ago, it’s on the deal side, so everything should be looked at to see what makes good sense. Chairman Hruby asked if he thought there should be some guardrails as to where it goes. Commissioner Hall said the purpose is to incentivize people to be able to build houses. In doing that, what if the county wanted to finance the whole thing and take principal and interest payments? Then you can’t cry foul because the interest coming back to the county is not being used to go back into a Housing Trust Fund. The county is creating money for that purpose. Chairman Hruby said that’s another formula that actually works because it does take the cost of land out of the equation for the developer and you get some return on your investment. Commissioner Hall said you get beat up as an investor, you get beat up for being the rich guy, you’re taking advantage of everybody. No, you’re allowing people to live in a place that they want and love. If you’re the one that’s taking the risk, you’re not the bad guy, you’re the one that’s creating that. The county is not always the bad guy in those situations. Planning Commissioner Shea said he wondered if they would be having such a big discussion if they were only dealing with $20 million and don’t know where the rest of it’s coming from. Are we going to create some kind of sustainable funding, in which case these issues won’t be as critical as this appears to be. Commissioner Hall said somebody could come along right now, buy property and spend the whole $20 million and it’s gone. But if thoughts were put into the deal to where it could come back and replenish it, that’s a better deal. The end game is the same. The assets get built. Chairman Hruby said on the Land Trust side, we’re looking at doing exactly that with donations coming from foundations where they won’t be grants. They will be very low- interest loans over a long term with a possible forgiveness aspect at the end of the deal, but it will take the high cost of the land out of the equation. Commissioner Hall said another thought he had while Mr. Puchalla was talking is that the state has programs that offer tax credits for corporations and we’re preempted with the local decisions. What if the county created its own fund that corporations within the county or within the region could donate back and get the same tax credit? Then we can use our money. We don’t have to apply once a year for that money. What if we had our own private capital funding that offered tax credits? Vice Chair Faron told the AHAC:  There’s something to be said for that because, having worked as a board member on the tax-credit side, it’s an incredibly competitive process to get tax credits. It’s not like you just show up, apply and you get them.  You’re scored and it’s competitive, so it’s not easy. Tax-credit financing is one of the hardest sources of capital to obtain. It’s important and it’s the major way a lot of these low-income housing communities are developed because it sometimes offers dollar-for-dollar tax credits right off the top of somebody’s income tax. 27 April 18, 2023 16  Insurance companies and banks buy these tax credits to offset their federal income taxes. The concept works because people want to reduce their taxes, so it’s an interesting concept about what else could be done at the county level.  But it’s difficult to get these tax credits and takes a long time It’s very creative. Florida is one of the most competitive environments for tax credits. Illinois is tough and Wisconsin is a little easier, so you’re at the mercy of that process. Commissioner Hall said his point is if we did it locally, it would eliminate a lot of that competition going after those funds and it would incentivize local business. Mr. Harney thanked him. Chairman Hruby said the subcommittee could address the issue of policy for the use of land and resources on the county level. Maybe it’s something we want to discuss and make a recommendation to the full AHAC committee to take to the BCC. Action Item: Address the purchasing policy and county resources at the next meeting. d. The Haven GMPA & PUD – Proposed BCC Date May 23, 2023 – C. Giblin Mr. Giblin updated the AHAC on the Haven GMPA and PUD:  He noted that the AHAC asked to be brought up to speed on projects that are working their way through the system and heading to the Planning Commission or the BCC.  This is a Growth Management Plan Amendment with an accompanying PUD amendment. It’s at the corner of Airport Road and Orange Blossom Drive between the Bear Creek Apartments and The Carlisle senior-living facility, kind of behind the Italian American Club.  They’re proposing to build 336 rental apartments and in exchange for that, they are proposing to designate 22.6% of their overall units as affordable housing. Split between 38 units rented at 80% or less of median and another 38 units at 100% or less of median. That’s 72 units out of the 336 that are proposed to be long-term affordable housing for 30 years, monitored by the county yearly with income-limit checks through our monitoring section in Community & Human Services.  They went to the Planning Commission last week and received a 6-2 recommendation of approval to the Board of County Commissioners. It was an all-day hearing and probably over 50 public speakers, with about 100 people there. All but one speaker, the general manager of The Carlisle next door, spoke in opposition. All the neighborhood opposition came from residents along Orange Blossom Drive, where the county library sits on the corner. There’s also the Villages of Monterey and Mill Run and other PUDs. They opposed it due to density and traffic, even height.  The developer made some concessions throughout the design process where what they proposed now does not feed any traffic out to Orange Blossom Drive. The only access in and out is off Airport Road and a shared access with The Carlisle.  It’s scheduled for a hearing before the Board of County Commissioners on May 23.  All the residents along Orange Blossom Drive wore orange shirts. There was a sea of 100 people sitting in front of him waiting for their turn to talk, so that will occur during the BCC meeting.  If anyone wants to go and learn more about the project or support it, you’re welcome to attend. Chairman Hruby said it’s ideal because that affordable housing component can house some of The Carlisle’s staff and it’s within walking distance. Mr. Giblin said The Carlisle’s director attended the meeting via Zoom to just monitor it. By 28 April 18, 2023 17 the end of the public speakers, he was the last one still there and commissioners called on him. He said he wasn’t planning on speaking but said it would be helpful for his employees to have housing next door. Part of the deal offers additional employee parking to The Carlisle because they work on shift and are sometimes double-staffed, so they need additional employee parking. He said it would be helpful for some employees to live closer to the facility. Mr. Harney said this would seem to be the model of what we’ve been talking about for months, building affordable units next to where people are working, whether it’s putting that affordable building into a shopping center building and near the hospital, wherever that it. This is what we want people to do and if this is successful, and it appears that it will be based on the changes that have been made, this can easily be pointed to as the direction we want to go in. This is how it can be done. It’s great to see. Mr. Giblin said this is the model of the recent Growth Management Plan Amendment, with a combination PUD amendment at the same time seeking additional residential densities in exchange for providing for a community need, which, in this case, is affordable housing at about 11% low income. Ms. Waller asked if traffic on Orange Blossom was the biggest objection. Mr. Giblin said that, and height. Mr. Bosi told the AHAC:  The height is 60-feet maximum.  One of the things we pointed out within the public hearing process is the environment in which this is being proposed is that it’s near Bear Creek to the south, which in the 90s was an affordable housing project developed at 12 units per acre.  All four of those quadrants on the intersection are non-residential, but Orange Blossom residents were portraying the area as a residential community. We said that is most certainly not designated and allocated as residential. It’s non-residential, with higher intensity residential units sitting to the south and then below those two residential units is a string of commercial industrial zoning. There are two Activity Centers within 1-1½ miles of this location, so economic opportunities are pretty prevalent within area.  This is the model of what we’re trying to promote, higher-density allocation within areas of high employment, so staff was pleased with the recommendation that we received from the Planning Commission.  We know we’re going to have opposition by residents before the Board of County Commissioners, but we feel that close to 25% of the units are going to be dedicated to affordable housing. That’s significant. We think it has a community benefit, so we’re for approval.  If anyone wants to show up to provide another voice of advocacy for affordable housing, it would be welcomed. The majority of speakers will be speaking against it. Chairman Hruby said there’s nothing wrong with this being in your neighborhood. It will be attractive and support people. We need to be working in our neighborhoods and be a service. This could be a model. Mr. Giblin said it’s one of several that have come in and there are more in the pipeline following the same model that are going through Neighborhood Information Meetings and public meetings now. Ms. Waller suggested they send a letter recommending approval to the BCC. Mr. Giblin said that would be up to the AHAC. Chairman Hruby asked if the AHAC have an opinion on that? 29 April 18, 2023 18 Planning Commissioner Shea said you’re only hearing one side, so you’re voting on your side and not on their side. How do you vote on something if you don’t hear both sides? Vice Chair Faron said this is what they discussed in the Strategic Plan Subcommittee, an endorsement. What does that really mean? It’s important to have a group of volunteers appointed by the BCC who say we support the concept and we’re not looking at the whole deal, that’s not our job. We’re looking at the policy of allowing a project in this area. AHAC has a role in endorsing it for the reasons that it supports another 72 units of affordable housing. Maybe it’s ceremonial, but that’s OK. It’s ceremonial to show up at one of these meetings and support it. There is a role for AHAC to have an endorsement option. Planning Commissioner Shea said if that’s the case, then anything that has affordable housing, we’re going to automatically endorse it? Vice Chair Faron said no, staff thinks this is an important issue for the county. You have to rely on staff expertise, all the factors we just talked about and support staff recommendations. It’s the support of the project. Ms. Waller said when we speak at the meeting, we should go with the consensus of the entire meeting. We can’t do it both ways. We should have the AHAC vote as a committee to do it on May 23. We need to make a decision. If you go by yourself, you can represent your personal views, but if we vote, we can advocate for the AHAC. Chairman Hruby asked how others felt. Mr. Lyon said we should be in support. Our role is to advocate the best we can and with us, there are numbers and an organized committee versus an individual speaking up for it. Chairman Hruby said he’s right. We’re advocates, we’re volunteers. When we’re advocates, we recommend to the county commissioners, just as that group of citizens or advocates wants to protect their community. It’s the job of county commissioners to weigh this at the dais and decide. They’re hearing the community and staff. It’s not our job to weigh that. It’s our job to advocate for what we think is right. If Cormac said this is in the middle of a gated community and neighbors are up in arms, it would not be the right place to put affordable housing. But maybe we want the letter to say why we’re supporting it – because it’s in a properly zoned area, supports jobs for a local industry and is a model we’d like to see. Mr. Bosi told the AHAC:  You could endorse the policy decision of the Board of County Commissioners.  If someone is asking for additional density with a Growth Management Plan, as this is, there’s a policy decision behind it. The policy decision is 22.6% of that additional density will be set aside for affordable housing, so you could support that policy decision without getting into specifics of the dynamics of what they said and who’s for and against.  But you are supporting the board on a policy decision the board has made, not explicitly, but through their actions.  If you’re going to increase residential density through a GMP Amendment, 22.6% of those additional units are going to be allocated to some form of income-restricted housing and that’s what we’ve been operating under for the past 1½ years.  The AHAC can get outside the politics of the issue and support the continuation of the policy of providing for affordable housing when an applicant is asking for a Growth Management Plan to increase residential density above what’s allocated. Chairman Hruby said you’re saying we should recommend this because it’s consistent with ongoing policy for increased density and also is a GMP Amendment. Mr. Buntzman questioned if it’s really providing affordable housing for the people who work 30 April 18, 2023 19 at the senior center. He’s not sure many of the employees make $80,000 a year. Most are making a lot less, about $40,000-$45,000, so it’s not really providing affordable housing for employees working next door. But it’s a good project and should be done. He likes the idea of supporting a policy that says if you’re increasing density, you provide affordable housing. Commissioner Hall said having a voice as a committee is possibly louder than an individual voice. Our four initiatives require at least 30% affordable housing. State law now says 40% affordable housing. You could beat your drum as a committee and say we would like to see a bigger percentage of that project be affordable for the density and the changes, instead of just saying the word “affordable” is in there and there’s a 22% token, and Planning Commission approved it You could toot your horn a bit. It would come from the AHAC. Planning Commissioner Shea said that’s why it was a 4-2 decision. They weren’t getting as much versus the impact to the community. That’s the decision you’re constantly making. What is the overall community benefit? What is the overall impact to the local community? And it seemed like they weren’t giving enough. That’s why he voted against it. Mr. Harney said it seems we’re in a transitional period now because the Live Local Act and our four amendments aren’t in effect yet. In the meantime, there’s this project and a decision has to be made. Once the Live Local Act and the four amendments are fully effective, then we can talk about that 40%. We can’t today because there’s nothing out there in regulations, so in the meantime, we can endorse this project because that’s what the rules are today. Planning Commissioner Shea said they get more worried about what the commissioner is saying in the future. Ms. Waller said she agrees, but we should just try to focus and look ahead and say, OK, even though that’s what it says, 27%, we could ask for our 30% because we know that’s what we do want. That’s what we’ve been asking for all along. Mr. Harney said the department has been after 22% until things change. Mr. Bosi said they’ve put the allocation at 22.6%. That’s what we’re asking for when we have a GMP Amendment seeking residential density. He cautioned the AHAC not to snatch defeat from the jaws of victory. Going in and saying you want more to a proposal heading to the Board of County Commissioners could throw a monkey wrench into the process. Mr. Harney said that would be fair when we’re talking to developers coming to Cormac and they want to do something new. We should tell them that by the time their project is done, that’s the direction we’re going in and that’s where we’ll be. Mr. Giblin provided background on the 22.6% requirement:  One of the first developments that went through this was Hacienda Lakes. They were going through negotiations on the fly before the BCC, which was considering asking for 25%-35%. The developer opened up their pro forma, their books. They told us this is what we can do to make a profit, a financeable project for our bank.  As a result, 22.6% was built into that. The developer had a certain land cost in Hacienda, costs for development, construction, time and interest rates. This was several years ago, so some factors may have gotten worse since then. Maybe his land costs were different for that site, so maybe in the future look at this in a holistic way.  Since Hacienda, every deal has been based on the mechanics of that deal. Mr. Harney said by the time they get anything done, we’ll be operating under the state or county rules, so we’ll tell them that’s where we’re going. But for anybody who’s this far along in the pipeline, the rules are 22.6% of the total number of units and the percentage of AMI. Planning Commissioner Shea said two commissioners who voted against at the Planning 31 April 18, 2023 20 Commission meeting felt that we were giving away much more. He gets worried about what Commissioner Hall was saying. Just because it’s affordable housing doesn’t mean it’s the right place. That’s the Planning Commission’s dilemma. The challenge is that he knows it affects developers’ pro forma. We feared we were giving away much more. Chairman Hruby said in our jurisdiction, with AMI so high, that’s market rate in most of the state, a high market rate. What do we want to do? Are we in favor of sending a letter stating that we’re supporting this because it’s consistent with existing policy for GMP amendments for higher density and we want to direct staff to issue a letter to the Board of County Commissioners? Ms. Waller made a motion to direct staff to send a letter to the BCC to say the AHAC supports The Haven at North Naples’ GMPA and PUD because it’s consistent with existing policy for GMP Amendments for higher density. The motion was seconded by Planning Commissioner Shea. The motion passed unanimously, 8-0. Staff Action Item: Staff was directed to draft a letter to the Board of County Commissioners to say the AHAC supports The Haven at North Naples’s GMPA and PUD because it’s consistent with existing policy for GMP Amendments for higher density. Chairman Hruby asked Cormac to draft a letter and send them the draft. 7. STAFF AND COMMITTEE GENERAL COMMUNICATIONS Mr. Giblin introduced Sarah Harrington to the full AHAC, noting that she has accepted the position of interim Economic Development & Housing Director for the new division. She’ll be doing that on an interim basis to evaluate it. For those six months, he’ll still be here assisting her, helping her as she moves forward. Ms. Harrington introduced herself and thanked the AHAC for doing this. 8. NEW BUSINESS Mr. Giblin said management requested that the AHAC move its date and time to something closely mirroring the DSAC meetings, a regular weekday once monthly in the afternoon, such as 2 or 3 p.m. We’ve got commitments and it can’t be on a BCC or Planning Commission day, or the day DSAC meets. He’ll work with Commissioner Hall’s office on selecting a day and week. Are there any days committee members can’t attend? A discussion ensued and the following points were made:  Chairman Hruby said Thursdays don’t work for him.  Mr. Giblin suggested the first Tuesday of the month at 3 p.m.  Chairman Hruby said that for those who work, 3 p.m. would kill their day.  Mr. Giblin noted there’s a line outside the GMD door at 7:30 a.m. each day, waiting to get in. Staff and directors hit the ground running to help the development industry, so afternoons are easier to manage.  Chairman Hruby asked for as late in the afternoon as possible, 3-4 p.m.  Commissioner Hall noted that it gets into traffic and supper time.  Chairman Hruby said when you have a business, starting a day after a morning meeting is easier.  Planning Commissioner Shea noted that many already blocked these dates in their calendars.  Mr. Giblin said they’d like to start the change in May. 32 April 18, 2023 21 Commissioner Hall told the AHAC:  Next month may be a problem.  He’s had discussions with staff and we want this committee to be very relevant, which it is, but we’re at risk of losing some of that.  We’ve had discussions about moving this meeting to every other month or quarterly. A lot of the committee’s main focus was accomplished, as far as recommending reviewing policy and sending something to the Board of County Commissioners.  With the Live Local Act and the four county amendments, we’re kind of powerless as far as reviewing policies or making recommendations. That’s kind of finished.  What we can do is move toward promoting things and by allowing some time to accumulate between meetings, we can become aware of what the market is producing and where we can promote projects. We can promote opportunities we’re hearing about and market that.  We’ve established the rules for free enterprise to do what they do best, build assets, so we can move to promoting projects and processes, such as someone coming before us to detail a plan.  Someone showed up at his office and said he’s ready to go, he has property and wanted to know how to move forward.  If we can become aware of the process and being influential there, that would be something the committee would be strong on, as well as financial opportunities. For Rural Neighborhoods, financing was the major obstacle, so if we become aware of grants or private-capital groups, etc., we can promote those as we learn about them.  That frees up everything the county does for us. This is above and beyond their real jobs.  If we need to meet monthly and we can be relevant and do something productive, that would be good. But we also should think about every other month or quarterly, and if we need to schedule another meeting, we always can. Any thoughts about that? A discussion ensued and the following points were made:  Less frequent meetings might work.  Vice Chair Faron noted that staff was going to fill in the work plan with the current status and next steps, so we can review it and determine if it should be quarterly, every other month or every six months.  Most of us have other work commitments, so freeing up time would be good.  We should make a decision within a month and stay on task.  A two-hour meeting would be effective and reduce the impact.  We need to get comfortable with our strategic objectives.  Chairman Hruby disagreed, noting there’s a lot going on in the county and state, so it’s in flux. There may be policy adjustments and a review required. Maybe we can meet every other month, but he doesn’t support quarterly. There’s too much activity going on, but maybe we can take a summer recess.  Planning Commissioner Shea worried they’d lose track of each other.  Ms. Waller noted that these plans don’t come out quarterly. She asked that they maintain monthly meetings.  Planning Commissioner Shea said when they meet to put the agenda together and there’s nothing worthy of a meeting, we can cancel it. He suggested leaving it monthly.  Chairman Hruby noted that he and Cormac sit down to discuss the agenda monthly.  Vice Chair Faron said the work plan can go out as an attachment for everybody to review for their information. They don’t need a meeting to discuss it. 33 April 18, 2023 22 Ms. Waller noted that they haven’t seen the rental inventory schedule since last year. Mr. Giblin said they don’t have the staff to do that. It was done quarterly by Community & Human Services. They hope it can be done quarterly or twice a year. We can tap into the Apartment Association or Real Estate Services. Ms. Waller asked if there’s any way they can get an update on housing, how many units we’re looking for, what’s our shortfall, etc.? We’re an advisory committee and need to know if there’s a big shortage or if we’re caught up on rental units and can concentrate on something else. Mr. Giblin said that’s a separate issue from the quarterly apartment survey. You’re talking about the county’s yearly housing needs assessment. That’s ongoing and is done after the new median incomes are released by HUD for the year. They haven’t come out yet for 2023. We’re going to try to do that at least once a year. Ms. Waller asked how often the apartment assessment is done. Mr. Giblin said annually. It’s incredibly labor intensive. Mr. Buntzman noted that there are no vacancies in Immokalee and rents are going up. Mr. Harney told the AHAC:  This is his last meeting because he’s moving to Sarasota next month. He’s been involved with the AHAC for nearly five years and a member for about 2½ years.  It’s been a pleasure to contribute to the work that needs to be done to promote affordable housing. We’ve gotten a lot done. There are still loose ends and the game isn’t over. We need to make sure all those loose ends get tied up.  Jamie French told him recently that where he lives, the corner of Collier and Vanderbilt Beach Road, is probably going to be the midpoint for population for the county in the future. That’s a hard thing for a lot of people to understand, but there will be a ton of development east of Collier Boulevard, not a few houses, tens of thousands of houses.  A lot of what we’ve talked about here has dealt with the areas west of Collier. It’s important for the AHAC to focus on the direction it’s going. That’s where a lot of affordable housing will go due to land costs. The direction of the county is going to be critical going forward, including Immokalee.  Habitat is involved out there. There are also the new villages that Collier Enterprises is starting, which will include an affordable component of the Rural-Fringe Mixed-Use Area.  These will be coming in the future. They’re critical for the county because when an area is built up, it’s expensive. There’s only so much that can be done here.  Mike has told us several times that you can get in transport-oriented districts and busy street corners and build some buildings. Most of it’s going to come east.  He’s resigning from his Habitat position. Jean is considering taking over part of what he’s doing. She’ll probably be AHAC’s Habitat contact and will do a good job.  It’s critically important for AHAC members to show up at meetings to speak about important issues. It’s one thing to send a letter, it’s another to take the time, write your own words, stand up and speak to the commissioners. That’s very important, probably as important as all the other work that we do. Unless we speak out to the commissioners when they’re making a decision, we’re missing a major part of what we do. He suggests they do that going forward.  He appreciated the opportunity to be a part of this and thanked them for listening. Chairman Hruby thanked him for his service, noting it was a pleasure having him on the AHAC. 34 9. 10. {pril I 8. 2023 [The members and audience applauded.J Action ltem: Make sure AHAC members ottend PC and BCC meetinss to voice their suooort of affordable-housing proi ects. Chairman Hruby noted that they have two positions open. Mr. Harney said his term will end at the end of this year. If you elect someone now, do they have to be reelected again at the end of the term? Mr. Giblin said that person would fill the remaining poftion of your term and then they'd be up for election again. Mr. Harney said you might want to consider whether they want to fill his position for the remaining months. ADJOURN Vice Chair Foron made a motion to odjourn. Second by Mr. Buntzman. The motion passed unanimously, 8-0. NEXT MEETING DATE 8:30 a.m. NIay 3,2023 Conference Room 6091610 Growth Management Community Development Department There being no further business for the good of the County, the meeting was adjourned by the order of the chairman at 10:30 a.m. These minutes were θ″ (check one) as presented / , or as ADVISORY COPIPIITTEE 2535 AHAC Candidate Ranking Sheet May 15, 2023 Completed by AHAC Member: Candidates (in Alphabetical Order)Rank top three candidates 1, 2, or 3 Antonaccio Berke Felke Roberts Ryan Terhune 36 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 4/18/2023 9:58:51 AM. Name: Reid Dante Antonacchio Home Phone: 239-249-2895 Home Address: 2452 Pine woods cir City: Naples Zip Code: 34105 Phone Numbers Business: E-Mail Address: reidda@gmail.com Board or Committee: Affordable Housing Advisory Committee Category: Any Place of Employment: Lufthansa Technik AG How long have you lived in Collier County: more than 15 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or 37 recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Education: B.S. Aviation Management Everglades University 2003 Experience / Background Served on multiple elected boards including the one responsible for all student housing, support, and community health in college. 38 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 4/26/2023 11:36:19 AM. Name: Robert Berke Home Phone: 508-738-1501 Home Address: 4016 CORDGRASS WAY City: NAPLES Zip Code: 34112 Phone Numbers Business: E-Mail Address: berke101@comcast.net Board or Committee: Affordable Housing Advisory Committee Category: Place of Employment: Retired How long have you lived in Collier County: 5-10 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or 39 recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? Yes Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Bears Paw Condo Association (president) 180 units Education: University of Miami (2 years) Experience / Background Career in construction Self Employed (18 years) building homes and land development. Worked for larger New England Builders developing plans and operational systems. 40 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 5/2/2023 10:38:00 AM. Name: Thomas P. Felke Home Phone: 2392877328 Home Address: 14734 Indigo Lakes Cir City: Naples Zip Code: 34119 Phone Numbers Business: 2395907841 E-Mail Address: tfelke33@gmail.com Board or Committee: Affordable Housing Advisory Committee Category: Place of Employment: Florida Gulf Coast University How long have you lived in Collier County: 10-15 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or 41 recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Board Chair - The Dubin Center; Board Vice Chair - Collier Hunger & Homeless Coalition; Board Member - Baker Senior Center Naples; Board Member - Lee County Continuum of Care; Member - BlueZones Steering Committee; Member - Resilient Lee Human Services Taskforce; Member - Council on Social Work Education National Nominating Council Education: Bachelors degree in Elementary & Special Education (Providence College, 1996); Masters degree in Social Work with concentrations in administration & policy (University of Connecticut, 2002); Doctoral degree in Social Work with concentration in international issues (University of Connecticut, 2010) Experience / Background Child & Regional Services Manager for Catholic Charities of Southern Connecticut (1998 - 2001); Organization & Skill Development Manager for Department of Social Services: State of Connecticut (2001-2010); 42 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 3/15/2023 10:01:29 AM. Name: Hannah R Roberts Home Phone: 239-287-3385 Home Address: 611 Hickory Road City: Naples Zip Code: 34108 Phone Numbers Business: 239-287-3385 E-Mail Address: hannahroberts611@gmail.com Board or Committee: Affordable Housing Advisory Committee Category: Employer in the Area Place of Employment: Soave Real Estate Group How long have you lived in Collier County: more than 15 How many months out of the year do you reside in Collier County: I am a year-round resident Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or 43 recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Associate Leadership Collier - Class of '23 Florida Bar Association - Member Baby Basics of Collier County - Site Manager Education: High School - Community School of Naples College - BS Business Administration - University of Missouri Graduate - Masters Business Administration - University of Missouri Graduate - Juris Doctorate - University of Missouri Experience / Background I am a Development Associate for Soave Real Estate Group. I manage and support various aspects of new and ongoing real estate development projects for the company, including land acquisition, project valuation, construction, and turnover/operations. Soave Real Estate Group – the real estate operating arm of Soave Enterprises – is recognized as a leader in the real estate industry. The group has a broad portfolio of holdings, including commercial, industrial, luxury and residential properties. Our local portfolio includes communities such as The Dunes, Moraya Bay, and Kalea Bay, as well as the Floridian Club, and The Club at Kalea Bay. I earned my B.S. in Business Administration from University of Missouri in 2015. I went on to receive my M.B.A. and Juris Doctorate from the university as well. I was admitted as a member of the Florida Bar in July of 2019, and ultimately returned to Naples to work for Soave Real Estate Group after previously completing an internship with the company in 2018. A lifelong resident of Collier County, I am passionate about our community and its most vulnerable residents. I volunteer with Baby Basics of Collier County, a 501c3 non-profit, 100% volunteer-based organization that provides and distributes diapers to babies of working, low-income families of Collier and Bonita Springs. I serve as a site manager for the organization, assisting with monthly diaper distributions in Golden Gate City and administrative efforts. Through the support of Soave Real Estate Group, I have also been able to organize various fundraisers, including a community-wide school supplies drive for Grace Place for Families and Children and an employee-relief fund in the wake of Hurricane Ian. I believe that my position and involvement in the construction and development industry, coupled with my legal education, give me a unique and informed perspective on affordable housing, the need for it in our community, and the challenges associated with building it. I hope to have the opportunity to serve on the AHAC and have an input on a huge issue affecting the future of Collier County’s growth. 44 Board of County Commissioners 3299 East Tamiami Trail, Suite 800 Naples, FL 34112 (239) 252-8400 Application for Advisory Committees/Boards Name:_____________________________________________________ Home Phone: _________________ Home Address: _____________________________________________________Zip Code:______________ Business Phone:___________________ E-mail address:_______________________________________ Board or Committee Applied for:____________________________________________________________ Category (if applicable):____________________________________________________________________ Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: ____ How many months out of the year do you reside in Collier County: _____ Have you ever been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? Yes _____ No _____ If yes, explain: ___________________________________________________________________________________________ Place of Employment:______________________________________________________________________ Do you or your employer do business with the County? Yes _____ No _____ If yes, explain:______________ ___________________________________________________________________________________________ Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Yes____No____If yes, explain: ________________________________________ ______________________________________________________________________________________________ NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Are you a registered voter in Collier County: Yes _____ No _____ Do you currently hold public office? Yes _____ No _____If so, what is that office? ___________________ _________________________________________________________________________________________ 45 Do you now serve, or have you ever served, on a Collier County board or committee? Yes _____ No _____ If yes, please list the committees/boards: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Education:_______________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Experience:______________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________ Please attach any additional information you feel pertinent. This application should be forwarded to WandaRodriguez@colliergov.net or by mail or in person to Wanda Rodriguez, County Attorney’s Office, 3299 East Tamiami Trail, Suite #800, Naples, FL 34112. Thank you for volunteering to serve the citizens of Collier County. 46 Page 1 Susan J. (Sue) Ryan (239) 537-5828 7112 Lemuria Circle Unit 304 sue@sueryan.solutions Naples, FL 34109 https://www.linkedin.com/in/suearmstrongryan/ Results-oriented enthusiastic leader combining strategy, business development, strategic relationship, and communication expertise to organizations in highly competitive markets. Consistent track record of successfully delivering long-term brand growth and value. Certified coach for emerging and high potential leaders. * Profitable Business Growth * Strategic Problem Solver * Strategic Account Executive * Change and Transition Strategist * Complex Negotiation Expert * Mutually Successful Relationship Builder * Best-Selling Author & Industry Expert * Keynote and inspirational speaker Sue Ryan Solutions - Naples, FL Founder 2002 to Present At Sue Ryan Solutions we specialize in helping organizations, teams, and individuals thrive during times of change. We teach our clients to create their culture poised to face the challenges of change with resilience and right action in the direction of their goals. Whether you are facing change due to external factors such as market shifts, technology innovation, economic changes - or setting your sights on growth and expansion - understanding the dynamics and psychology of change enhances your ability for success. Our mission is to empower and embolden leaders to maximize the opportunities and potential change will bring. • Certified executive coach and trainer for leaders and emerging leaders committed to business growth and next-level leadership, certified MLEI and STLI-360 assessments • International best-selling author of Our Journey of Love, 5 Steps to Navigate Your Caregiving Journey, supporting family caregivers through tumultuous life and relationship changes • Co-author/subject matter expert of two International best-selling books Shine Volume 4 and Rock Your Business, - lessons, stories, and strategies for entrepreneurs to maximize their success • TEDx speaker, Professional keynote, industry expert, workshop, and subject matter expert speaker • Creator of the caregiving in business program: Leadership C.A.R.E.S.™ – Guiding businesses through the global crisis in family caregiving • Creator of the leadership program: Leadership Through the Dimensions of Change™ - moving leaders successfully through change, with clarity and confidence, to what’s next for them and those they lead • Creator of the family caregiving program and online course: The Caregiver’s Journey - tips, insights, and strategies supporting caregivers positively navigating their entire caregiving journey PeopleSoft - Atlanta, GA Sales Director - Strategic Accounts 1997 to 2000 Recruited to PeopleSoft as the industry expert in financial services and healthcare to aggressively grow our presence in these strategic industries. Responsible for major strategic account sales and relationships, as well as strategic industry partnerships. • Expertise in financial services and healthcare industries - developing strategies, streamlining industry acceptance, and speeding industry market share growth • Strategic account experience navigating complex opportunities resulting in annual recognition of top-tier performance, exceeding PeopleSoft goals for software and service revenue, with a 100% client retention rate EXECUTIVE SUMMARY PROFESSIONAL EXPERIENCE 47 Page 2 Susan J. Ryan Resume, continued PeopleSoft - continued Sales Director - Strategic Accounts Atlanta, GA 1997 to 2000 • Completed sales in forecasted timeframes through successful complex negotiations including international/multi-entity/multi-partner relationships • Developed and supported mutually successful strategic relationships, increasing predictable results, reducing opportunity timeframes, lowering costs of acquisition and growth Management Science America (MSA) / Dun & Bradstreet Software (DBS) Major Account Executive Atlanta, GA 1981 to 1996 Sales Representative: Selected as sales representative for geographic territory sales to private sector companies across industries. Became recognized as the ‘go to’ industry expert in financial services and healthcare. Promoted to Major Account Executive, focusing on these industries nationally. • Greater than 80% client retention rate • Annually earned recognition of top-level performance, exceeding sales and service goals • Recognized as top earning sales representative globally • Earned largest single sale in company history at more than $4M; multiple sales exceeding $1M Pre-Sales Consultant: Originally hired into MSA as a systems analyst designing financial solutions. Was promoted as subject matter and industry expert for the global sales team responsible for financial and materials management sales for IBM and Burroughs solutions to new and existing domestic and global clients from mid-size to Fortune 10. Industries included healthcare, financial services, insurance, manufacturing, media, utility, information services and technology. • In partnership with one regional healthcare sales representative, sold a global record-setting 26 suites of financial software in one year. Sold software suites in healthcare and financial services in the same year with all other territory sales representatives. • Beginning with the second year as a pre-sales consultant, annually earned recognition for top-tier performance, exceeding all revenue goals and targets • Twice recognized as #1 global pre-sales consultant • Awarded most outstanding presentation of company message in competition with the more than 150 members of the global sales teams • Selected for the team developing and training pre-sales solution and strategy through - and post - MSA/DBS merger Southern New Hampshire University: 2016 William Woods College- May 1976 • M.A. in Communications, New Media & Marketing • B.S. in Business Menttium: 2011 - current • Volunteer mentor to female leaders and emerging leaders Leadership Collier - current • Transformational leadership experience to become effective community leader for our better future. REPRESENTATIVE EDUCATION, SERVICE, AFFILIATIONS , S 48 Susan J. (Sue) Ryan Founder and Inspirationalist Sue Ryan Solutions Sue’s mission is to empower and embolden individuals to maximize the opportuni7es and poten7al change will bring. As a speaker, change strategist, author, execu7ve coach, caregiving coach and mentor, she lives this through two passions of her purpose. She guides and inspires leaders and emerging leaders commi?ed to business growth and next-level leadership to be great leaders of themselves and others. She guides non- professional caregivers to become confident, balanced, and supported in all phases of their caregiving journey. Sue specializes in helping individuals and teams thrive during 7mes of change. Working with them to clarify, align, develop, and implement solu7ons in highly compe77ve markets, while crea7ng their culture poised to face the challenges of change with resilience and right ac7on in the direc7on of their goals, they successfully deliver long-term brand growth and value. Whether change is due to external factors such as market shiEs, technology innova7on, economic changes - or seFng their sights on growth and expansion - understanding the dynamics and psychology of change enhances their ability for success. Sue delivers these through her signature offerings Inten%onally Naviga%ng Transi%ons - Leadership Through the Dimensions of Change™, The Prodigy Zone™, Leadership C.A.R.E.S.™, and The Caregiver’s Journey. Sue’s corporate career of more than 30 years was in enterprise applica7on soEware sales to companies across industries including Healthcare, Financial Services, Informa7on Technology, Manufacturing, Hospitality, and U7li7es. She was responsible for ensuring individuals were poised for change and their organiza7ons were posi7oned for predictable success. While her performance was consistently recognized in the top 7er, her most sa7sfying achievement was her nearly 100% client reten7on rate. Sue has been in roles of family caregiving support for more than forty years. She’s moved from feeling frustrated, overwhelmed, and yes - some7mes frightened - to confident, balanced, and supported, naviga7ng the transi7ons in her life, her care receivers, and those who support them on their journey. As a speaker, coach, author, educator, and mentor, she shares the lessons, 7ps, and strategies she’s learned to help others posi7vely navigate their caregiving journeys. Sue has been a volunteer mentor of emerging leaders for MenFum since 2011. Sue volunteers in the children’s ministry of Gulf Community Church, is a member of the Blue Zone’s Engagement Commi?ee, and a passionate technology educator for seniors. Sue is a member of the Interna7onal Coaching Federa7on. Through her coaching, Sue earned the John Ma?one Pla7num-Elite Execu7ve Coach ranking. She brings her more than 40 years experience as a non-professional caregiver for family and loved ones to her volunteer work as a speaker and Community Educator for The Alzheimer's Associa7on, as well as a speaker and volunteer for AlzAuthors. She has authored or co-authored three Interna7onal best-selling books. Two are in the field of business. Her non-professional caregiving book is Our Journey of Love, 5 Steps to Navigate Your Caregiving Journey. She created the online course The Caregiver’s Journey to support caregivers through their en7re caregiving journey. Sue recently gave her first TEDx talk. Next stop, the TED pla^orm. Sue’s life mo?o: “Go confidently in the direc7on of your dreams! Live the life you’ve imagined.” Henry David Thoreau 49 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Application was received on: 4/17/2023 11:09:59 AM. Name: Andrew Storm Terhune Home Phone: 215-850-9957 Home Address: 4761 CERROMAR DR City: Naples Zip Code: 34112-7915 Phone Numbers Business: E-Mail Address: asterhune@gmail.com Board or Committee: Affordable Housing Advisory Committee Category: Resident in jurisdiction Place of Employment: Retired How long have you lived in Collier County: 4-5 How many months out of the year do you reside in Collier County: 6-9 Have you been convicted or found guilty of a criminal offense (any level felony or first degree misdemeanor only)? No Not Indicated Do you or your employer do business with the County? No Not Indicated NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or 50 recommendations made by this advisory board? No Not Indicated Are you a registered voter in Collier County? Yes Do you currently hold an elected office? No Do you now serve, or have you ever served on a Collier County board or committee? No Not Indicated Please list your community activities and positions held: Naples Lakes Country Club, Strategic Planning Committee, member, 2020-2022, chair 2022 to present Member, Blue Bell Woods Homeowners Association Education: MBA Columbia University, New York BS Trinity College, Hartford CT Experience / Background Toll Brothers, Inc. Various positions 1987-2015. Toll Brothers is one of the largest new home builders in the nation. 51 Advisory Board Application Form Collier County Government 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 2s2-8400 Application was received on:5/7A/2023 2:30:46 PM. aureen City:卜 ap eJ ttp COde:匝 1コ Phone Numbers Business:1440-667-9744 E―Ma∥ Address: or Committee: Affordable Housine AdvisorV Comm Of Retired have vou lived in Collier Countv: more than Home phone:1440-667-9744 Home Address:l Golden Gate Blvd months out of the vear do vou reside in Collier Counw: I am a vear-round or vour emplover do business with the CounW? been convicted or found guilw of a criminal offense (any level felony or first 52 NOTE: All advisory board members must update their profile and notify the Board of County Commissioners in the event that their relationship changes relating to memberships of organizations that may benefit them in the outcome of advisory board recommendations or they enter into contracts with the County. Would you and/or any organizations with which you are affiliated benefit from decisions or recommendations made by this advisory board? Iol Are vou a registered voterin Collier County7[ヨ Do you currently hold an elected office? @ Do you now serve, or have you ever served on a Collier county board or committee? @ Please list activities and held: Assistant, Director of the COCO Art Gallery at the Coastland center mall. This is a volunteer position Multiple volunteer posltions at localschools as my children were growing up. Most recently I was the liaison to proiect graduation for my son's high school. Southwest, Florida Pastel Society: past vice president and current member show chair Past member: Arts and Liturgical Environment committee- Saint Agnes church Collier, County, Master Gardner Eldergrow: I provided gardening activities at loca nursing homes Golden Gate Civic Association member Volunteer: food distribution during the pandemic am a working artist and have donated artwork to multiple local charitable causes Education: raduate Physician Assistant Program at Cuyahoga Community College, Parma, Ohio, 1984 Curre License Certificate of Added Qua ification in Psychiatry NCCPA 34 vears of exDerience as a Phvsician Assistant in Ities. The last 10 vears of reer were spent at the David Lawrence Center here in Naples. I worked on the crisis, unit, the and the rehab unit. This experience has made me keenlv aware ofthe problems, facine the ncome and marginalized in our society. lworked with adults and children with mental health issues ll as adults with substance abuse issues. I am a mother of four children raised here in Naples. a two of them are strusslins with above what thev can afford even tho 53 AHAC Candidate Ranking Sheet Mav 15,2023 COmpieted bV AHAC Mennber: Candidates (in Alphabetical Order)Rank top three candidates 1, 2, or 3 Antonaccio /Berke / Felke/lu{oberts ,/ay"n イ/r erhune ι /Gグ rb ι 26 54 ¬ Broward Orange Orange Polk Orange Orange Miami-Dade Pasco Windermere / Tree Safe Neighborhood lmprovement Winter Haven Hous no Autho百 tv Wnter Park Communitv Redevelooment Aoencv ι■師ら0れ :に '「 Aυk C)た めncム L`´r侮 19 187 DistHct(and Websne if ava∥abie) 55 AHAC Candidate Ranking Sheet May 15,2023 Completed by AHAC Member: ,vKuff - Q Candidates (in Alphabetical Order)Rank top three candidates 1, 2, or 3 Antonaccio €/7 Berke I Felke ′ Roberts &,3 Ryan 5 >'' Terhune 26 井 56 AHAC Candidate Ranking Sheet Completed by AHAC Member: May 15, 2023 Candidates (in Alphabetical Order)Rank top three candidates 1, 2, or 3 Antonaccio0 Berke Б Felke Roberts ク Ryan4 Terhune ら 26 57 AHAC Candidate Rankint Sheet Completed by AHAC Member: Rank top three candidates 1,2, or 3 26 58 AHAC Candidate Ranking Sheet Completed by AHAC Member: I Mav 15,2023 ハ“ ′(5vrキ 2は 4″ Candidates (in Alphabetical Order)Rank top three candidates 1, 2, or 3 Antonaccio 諄 Berke 午 Felkel Roberts Ryan 卜つ 子 Terhune3 26 ヽ6J 59 AHAC Candidate Ranking Sheet May 15,2023 COmtted by AHAC Member 」七nnヽ 彙r Fttγ o\ G.rrri|5 @ Candidates (in Alphabetical Order)Rank top three candidates 1, 2, or 3 Antonaccio 礎夕(:D Berke ごし Felke Qα RobertsD Ryan 〇 Terhu neC 26 60 PART I - CODE Chapter 2 - ADMINISTRATION ARTICLE VIII. - BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES DIVISION 2. STANDARDS FOR THE CREATION AND REVIEW OF BOARDS Collier County, Florida, Code of Ordinances Created: 2023-03-30 2:33 PM [EST] (Supp. No. 108) Page 1 of 4 DIVISION 2. STANDARDS FOR THE CREATION AND REVIEW OF BOARDS1 Sec. 2-826. Policy declaration. it is hereby declared to be the policy of the Board of County Commissioners to promote economy, efficiency and improve service in the transaction of the public business by county boards. Nothing in this division shall be construed to prohibit or restrict the county commission from amending or abolishing, at any time, any board currently in existence or thereinafter created. (Ord. No. 01-55, § 1, 10-23-01) Sec. 2-827. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: The term "board" is defined to include every agency, advisory board, regulatory board, quasi-judicial board, committee, task force or any other group created and funded in whole or in part by the Board of County Commissioners. The term "commission" is defined as the Board of County Commissioners of Collier County, Florida. (Ord. No. 01-55, § 2, 10-23-01) Sec. 2-828. Creation of new boards. (a) All boards created after the effective date of this division shall be created by ordinance only, except for ad - hoc or task force committees. Such ordinance shall set forth the board's purpose; functions; powers; responsibilities; jurisdiction; membership requirements and restrictions; terms and conditions of appointment to and removal from the board; and the specific staff support necessary to prepare an annual report, either oral or written, to be presented to the commission. (b) Prior to the advertised public hearing held for the adoption of said ordinance, the county manager shall submit to the commission a report setting forth following information concerning the proposed new board: (1) Whether the establishment of the board will create sufficient betterment to the community to justify the commission's delegation of a portion of its authority. (2) Whether another board, either public or private, already in existence, could serve, or is serving the same purpose. (3) The costs, both direct and indirect, of establishing and maintaining the new board. 1Editor's note(s)—Ord. No. 01-55, §§ 1—9, adopted Oct. 23, 2001, did not specifically amend this Code. Hence inclusion of said ordinance provisions as §§ 2-826—2-834 was at the discretion of the editor to read as herein set out. See the Code Comparative Table. 61 Created: 2023-02-09 09:17:14 [EST] (Supp. No. 108) Page 2 of 4 (4) Whether creation of the new board is necessary to enable the county to obtain state or federal grants or other financing. (5) Whether the board should have bonding authority. (6) Whether creation of a new board is the best method to achieve the benefit desired. (Ord. No. 01-55, § 3, 10-23-01) Sec. 2-829. Exemption to Ordinance Requirement: Ad Hoc Committees and Task Force Committees. The Commission may, by resolution, appoint an Ad -Hoc or Task Force Committee for a specific project. The resolution must set forth the duties and responsibilities of the Committee and contain language that automatically dissolves the Committee upon completion of the project. (Ord. No. 01-55, § 4, 10-23-01; Ord. No. 2015-41, § 1) Sec. 2-830. Qualifications and requirements for membership on boards. (a) All members of county boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. The foregoing requirement may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. In addition, all board members should have demonstrated an interest in the activity or service, which is th e purpose of the board. The provisions of this paragraph may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. (b) Any member of a county board who ceases to be a resident of Coll ier County during his or her term of office shall immediately advise the commission of such change in status. Upon such notice, the commission shall declare the position to be vacant and shall promptly fill same pursuant to the provisions of section 2 -831, herein. (c) The commission's primary consideration in appointing board members shall be to provide the board with the technical, professional, financial, business or administrative expertise necessary to effectively accomplish the board's purpose. Categories of expertise referenced by county board's ordinances as qualifications for board membership are considered to be primarily directory and not mandatory. The commission's secondary consideration in appointing board members shall be to have advisory boards reflect the entire demographic and geographic population of the County, or region of the County for a local advisory board. (d) No member of any county board shall become a candidate for an elective political office and continue to serve on such board during his or her candidacy unless such board member/candidate is running unopposed for a non-remunerative elective position or an elective position receiving nominal remuneration, such as the Mosquito Control District Board or a fire district board. Should any county board member compete for an elective non-remunerative political office or a nominally-remunerative political office on the date applications for candidacy expire, such candidacy shall be deemed a tender of resignation from such board and the board shall immediately advise the commission in writing of said resignation. No board member shall be required to resign or deemed to have tendered his or her resignation unless such candidacy is being opposed. The commission shall deem the position vacant upon receipt of written notice of said resignation. The board member shall not serve at any meetings after his or her position becomes vacant pursuant to this ordinance. This provision shall not apply to candidates who currently serve in elected positions and who are seeking re-election. 62 Created: 2023-02-09 09:17:14 [EST] (Supp. No. 108) Page 3 of 4 (e) The commencement of a legal challenge by a board member as a plaintiff in a lawsuit against Collier County shall constitute a conflict of interest with Collier County and shall be deemed a tender of resignation from such board. The county board member's position shall automatically be considered vacant and the commission shall promptly fill same pursuant to the provisions of section 2 -831, herein. (f) No member of any county board, as defined herein, shall print or cr eate, or have printed or created, or use or distribute any business or informational card depicting the county logo or in any way representing such board member as a representative of Collier County or as a county board member. The county manager or his or her designee may, upon request and prior approval in writing, authorize the county board members to obtain a county photo identification card identifying such members as a county advisory board member. (Ord. No. 01-55, § 5, 10-23-01; Ord. No. 2006-39, § 1; Ord. No. 07-58, § 1; Ord. No. 2009-16, § 1; Ord. No. 2021-10 , § 1) Sec. 2-831. Process of appointment. (a) Vacancies occurring on any board shall be publicized, but need not be advertised, in a publication of general circulation within the county, and vacancy notices are to be posted in the county libraries and the county government center. (b) Prior to making appointments to boards, staff shall provide the commission with a list outlining the qualifications and demographic background of each candidate for board membership, along with a list detailing the qualifications and demographic background s of present members seeking reappointment on each board to which an appointment is being made. (Ord. No. 01-55, § 6, 10-23-01) Sec. 2-832. Term of office. (a) Terms of office shall be staggered. (b) All members of boards created by the commission shall serve at the pleasure of the commission and may automatically be removed by a majority vote of the quorum of the commission. (Ord. No. 01-55, § 7, 10-23-01; Ord. No. 2009-16, § 2) Sec. 2-833. Attendance requirement. It is the intent and strong desire of the commission that there be full attendance of advisory board members at all meetings of the boards, recognizing, however, that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at board meetings is encouraged and necessary for the proper operation of the boards and in furtherance thereof the following requirements are established: (1) Any board member who is absent for more than one-half of the board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such board. The commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of section 2-51 herein. The board members shall not serve at any meetings after his or her position is declared vacant by the commission. (2) In the event that any board member is absent from two consecutive meetings withou t a satisfactory excuse acceptable to the board chairperson, the board chairperson shall state such fact at the next regularly scheduled board meeting and shall thereafter notify, in writing, the executive manager to the 63 Created: 2023-02-09 09:17:14 [EST] (Supp. No. 108) Page 4 of 4 commission of the board member's failure to attend without a satisfactory excuse. The commission shall review the board chairperson's notification at the commission meeting and shall declare the board member's position to be vacant if the commission concurs that the board member was absent from two consecutive board meetings without a satisfactory excuse, and shall promptly fill same pursuant to the provisions of section 2-51 herein. The board member shall not serve at any meetings after his or her position is declared vacant. (3) A member of a board shall be deemed absent from a meeting when he or she is not present during at least 75 percent of the meeting. (Ord. No. 01-55, § 8, 10-23-01) Sec. 2-834. Reserved. Editor's note(s)—Ord. No. 2009-16, § 3, adopted Apr. 14, 2009, repealed § 2-834, which pertained to review of boards and derived from Ord. No. 01-55, § 9, adopted Oct. 23, 2001. Secs. 2-835—2-845. Reserved. 64 2023 1/17/2023 2/15/2023 3/21/2023 4/18/2023 5/15/2023 6/19/2023 7/17/2023 8/15/2023 9/18/2023 10/16/2023 11/20/2023 12/18/2023 Steve Hruby X x x x Arol Buntzman X x Zoom x Mary Waller X x x x Gary Hains X Excused x Excused Jennifer Faron X x x x John Harney X Excused x Last Meeting N/A N/A N/A N/A N/A N/A N/A N/A Chris Hall X x x x Joe Trachtenberg X X N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Todd Lyon X x x x Jessica Brinkert X Excused Excused Excused Paul Shea Excused x X x 65 AHAC Sponsor GMD Staff Liaison Current Status as of April 25, 2023 Next Steps Projected Timeline for Completion or Action 1 Promote support by the community for projects under consideration at Neighborhood Information Meetings. All TBD Ongoing Next meeting dates: TBD Ongoing 2 Promote publication on websites of incentives available to developers of affordable/workforce housing. All Section 420.9076(4) of the Florida Statutes states, in part, that the Affordable Housing Advisory Committee (AHAC)'s work is to "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 modifications or repeal of existing policies, procedures, ordinances, regulations or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption or new policies, regulations, ordinances or plan provisions." The Collier County AHAC believes it's mission includes the responsibilities assigned to it by Florida Statute 420.9076(4) as well as other permissible activities such as the promotion and review of affordable housing plans, programs and incentives. This mission is accomplished through the creation of an annual work plan that defines and guides AHAC's efforts and support of the Board of County Commissioners (BCC.) AHAC's efforts are broadly categorized as encompassing 3 main activities: Promote, Recommend and Review plans, programs, policies and incentives in support of the development and preservation of affordable housing. Collier County Affordable Housing Advisory Committee 2023 Annual Work Plan - DRAFT As of April 25, 2023 Promote- AHAC will seek to promote substantive and impactful policies and program through active participation and engagement in the community. 1 of 3 5/11/202366 AHAC Sponsor GMD Staff Liaison Current Status as of April 25, 2023 Next Steps Projected Timeline for Completion or Action 3 Promote understanding of local employer needs and plans for workforce housing. All 4 Promote construction of workforce housing by positively engaging developers in official and unofficial communications All 1 Recommend and approve updates to the required annual Housing Incentives Strategy report.All This report will be updated in the summer of 2023. 2 Recommend approval of LDC changes All Changes were approved by the BCC on March 28, 2023, with revisions. Review and approval by the State of FL and X.TBD 3 Recommend approval of RF MUD Transfer of Development Right changes All 4 Recommend approvals for Accessory Dwelling Units (ADUs)All 5 Recommend approval for a non-voting member of the Development Services Advisory Committee (DSAC) All 6 Recommend consideration of new affordable housing projects All Recommend - AHAC will encourage and positively support the consideration of policies, plans and programs by the BCC that will encourage the development and preservation of affordable housing 2 of 3 5/11/202367 AHAC Sponsor GMD Staff Liaison Current Status as of April 25, 2023 Next Steps Projected Timeline for Completion or Action 7 Recommend consideration of changes to impact fee policies to promote construction of more affordable units.All 8 Recommend consideration of changes to parking requirements for affordable housing projects.All 1 Review on a quarterly basis the list of ongoing projects All Due to staffing issues, this report will be delayed and possibly moved to a semi-annual basis.Jun-23 2 Review on a quarterly basis the number of available and occupied rental units All 3 Review impact of affordable housing projects that have been completed and are open and make recommendations on any changes to plans, programs, policies and incentives that will improve outcomes in the future.All Review - AHAC will review its work by evaluating the number of newly completed and ongoing projects to build affordable housing and incorporate those findings into its future work plans. 3 of 3 5/11/202368 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Overview of the Live Local Act (SB 102) May 9, 2023 83 Sponsored by the Florida Housing Finance Corporation 84 About the Florida Housing Coalition •Statewide nonprofit organization that is primarily a training and technical assistance provider to local governments and nonprofits on all things affordable housing •Our work covers: •Compliance with local, state, and federal affordable housing programs •Affordable housing program design •Capacity building for nonprofit housing providers •Land use planning for affordable housing •Research & data gathering •We can provide free training & technical assistance to you under the Catalyst Program 85 Presenters Kody Glazer, Legal & Policy Director Glazer@flhousing.org Ali Ankudowich, Technical Advisor Ankudowich@flhousing.org 86 Webinar Logistics •All participants are on mute •Please type in your questions and comments into the question box on the side panel •We will not identify who has asked a question •Webinar is recorded •PPT is provided as a handout •For follow-up information or problems downloading handouts, please contact glazer@flhousing.org 87 Live Local Act –topics covered today I.Funding II.Property tax incentives III.Land use & zoning IV.Using publicly-owned land for affordable housing V.Amendments to state housing strategy & other reforms 88 Live Local summary –array of affordable housing policies •Funding and tax credits. Up to $811 million for affordable housing programs. •Tax incentives. Three new property tax incentives and sales tax exemption for specified affordable housing developments. •Land use tools & role of local government. Facilitating affordable housing in commercial, industrial, and mixed-use areas & more. •Publicly-owned land. Encouraging local governments to adopt best practices. •State housing strategy. State guidance on affordable housing policy. •Technical assistance. 89 Disclaimer: This is an overview webinar •The Live Local Act (LLA) was a 95-page bill •In the coming months, we will have more webinars and implementation materials to dig deeper into the LLA’s impacts •For more information on how the LLA affects your work, please leave a comment or email glazer@flhousing.org 90 We want your questions & feedback! •Your implementation questions and feedback help us structure our trainings to meet your needs •All questions about how the Live Local Act will work in practice are encouraged! 91 Poll # 1 –How familiar are you with the Live Local Act? ❑I know the Act very well ❑I know the basics, but need to understand it better ❑This is my first time learning about the Live Local Act 92 Live Local Act Senate Bill 102 (Calatayud –Miami-Dade) House Bill 627 (Busatta Cabrera –Miami-Dade) Addresses a variety of housing policies including funding, tax incentives, and substantial amendments to the state’s housing strategy. 3/8/23: Passed Senate unanimously 3/23/23: Passed House 103-6 3/29/23: Signed into Law 93 I. Funding II. Property tax incentives III. Land use & zoning IV. Using publicly-owned land for affordable housing V. Amendments to state housing strategy & other reforms 94 What are the Sadowski Trust Funds? •Established in 1992 •Consists of two trust funds: •State Housing Trust Fund –primarily funds the State Apartment Incentive Loan (SAIL) program •Local Government Housing Trust Fund –funds the State Housing Initiatives Partnership (SHIP) program •Funded by a portion of documentary stamp taxes collected on real estate transactions •Collections in the trust funds are directly tied to the real estate market –the hotter the real estate market, the more money in the affordable housing trust funds 95 Funding in the Live Local Act •Provides up to $811 million for affordable housing programs (including up to $100 million in a new tax credit program) Program Live Local Act FY 22-23 FY 21-22 SHIP $252m $209.475m $146.7m SAIL $259m*$53.25m $62.5m Hurricane Housing Recovery $150m Hometown Hero Program $100m (from GR)$100m (from SHTF) Inflation Response Program $100m** Live Local Tax Donation Program (up to $100m***) Total funding****$811,000,000 $512,725,000 $209,200,000 *Discussed on subsequent slides ** If not used by 12/1/23, goes to SAIL ***For SAIL –dependent on contributions to the program ****This does not include member projects or homelessness grant programs. 96 Sadowski fully funded & more! •The Live Local Act fully funds the Sadowski Trust Fund programs. •AND •Provides an extra $150 million/year for 10 years for a SAIL-like program •Up to $100 million/year for SAIL through the new Live Local Tax Donation Program •Up to $100 million not used on inflation response program in 2023 to SAIL •This does not include the value of the new local property tax incentives for certain affordable housing developments. 97 State Housing Initiatives Partnership (SHIP) program •Administered by the Florida Housing Finance Corporation (FHFC) •Deploys funds to 67 counties and 55 eligible municipalities •Each SHIP jurisdiction develops a Local Housing Assistance Plan (LHAP) that governs its uses of the funding •SHIP statute provides a series of “set-asides” that local governments must adhere to including: •At least 75% for construction-related activities •At least 65% for ownership; no more than 25% for rental housing •At least 30% for VLI households and at least 30% for LI households; remaining funds up to 140% of AMI •No more than 10% on admin expenses 98 Projected SHIP Distribution Estimates for 2023-24 SHIP allocation based on SB 102, includes DR holdback 99 State Apartment Incentive Loan (SAIL) program •Administered by the Florida Housing Finance Corporation •Provides low or no-interest loans on a competitive basis for the development of affordable housing •Can be used for new construction and acquisition/rehab •Generally can only serve households at or below 60% of Area Median Income (AMI) –except in the Keys •SAIL statute and rule contain key terms to follow regarding compliance, monitoring, and structuring The Live Local Act funds the traditional SAIL program at $109 million in non-recurring dollars plus what is collected through the Live Local Tax Donation Program. The remaining $150 million in recurring dollars is deployed through the SAIL infrastructure but for specific projects listed in the next slide. 100 How the $150 million/year for 10 years for SAIL-like program will be spent Notes: •FHFC will have the discretion to issue RFAs for this $150m •Local governments, developers, & advocates should follow the FHFC RFA process and start planning for local projects to support 70% for projects that: Rehab/new construction Addressing urban infill Provide for mixed-use housing Provide housing near military installations 30% for projects that: Use or lease public lands Address needs of adults aging out of foster care Meet needs of elderly persons Provide housing in areas of rural opportunity 101 Florida Hometown Hero Program •LLA codifies the Hometown Hero Program in state statute at s. 420.5096 and funds it at $100 million for FY 23-24 •Provides down-payment and closing cost assistance to eligible first-time homebuyers •Eligibility criteria for applicants: •Income not to exceed 150% of state median income or local median income, whichever is greater •Must be a Florida resident and employed full-time (35 hours or more/week) by a Florida-based employer •First-time homebuyer (does not apply to active duty servicemember or veterans) 102 Florida Hometown Hero Program •Terms of assistance: •Loan due at closing if property is sold, refinanced, rented, or transferred, unless approved by FHFC •Minimum of $10,000 and up to 5% of first mortgage loan, not exceeding $35,000 •Other provisions: •Can be used to purchase manufactured homes constructed after July 13, 1994 which are permanently affixed to real property •Intended to be a revolving loan program •Can be paired with SHIP and other sources of down payment 103 I. Funding II. Property tax incentives III. Land use & zoning IV. Using publicly-owned land for affordable housing V. Amendments to state housing strategy & other reforms 104 1.Local option affordable housing property tax exemption 2.Nonprofit land used for affordable housing with a 99-year ground lease 3.“Missing middle” property tax exemption Property tax incentives in the Live Local Act 105 1. Local option affordable housing property tax exemption •Authorizes local governments to provide property tax exemptions for specified affordable housing developments. •Eligible developments: •Contain at least 50 or more units •At least 20% of the units must be affordable to households at or below 60% AMI •Tax exemptions only apply to the affordable units •Applies to new and existing developments •Property tax exemptions allowed are based on % of affordability •<100% of the units are affordable = up to 75% property tax exemption: •100% of the units are affordable = up to 100% property tax exemption 106 1. Local option affordable housing property tax exemption •Other provisions: •Maximum rents based on HUD’s Multifamily Tax Subsidy Projects Income Limits or 90% of Fair Market Value as determined by a local rental market study, whichever is less •Exemption only applies to the taxes levied by the unit of government granting the exemption •Process for how localities can implement this optional tool •City or counties must post list of properties that receive the exemption on its website •Exemption authorized by City or County expires “before the fourth January 1 after adoption”; can be renewed after expiration •Penalties for noncompliance 107 •New s. 196.1978(1)(b) •Property tax exemption applies to land owned entirely by a nonprofit that: •1) is leased for a minimum of 99 years •2) is predominately used to provide affordable housing to households up to 120% AMI •Land is considered “predominately used” for affordable housing if the square footage of the improvements on the land for affordable housing is greater than 50% of all the square footage of the improvements •Tax exemption is for the land only –not the improvements 2. Nonprofit land used for affordable housing w/99-year ground lease exemption 108 •How does this new exemption differ from the existing nonprofit housing property tax exemption at s. 196.1978(1)? •99-year ground leases will now explicitly qualify for the exemption •May increase partnerships between nonprofit landowners and for-profit developers •Community Land Trusts –CLT homeowners now get property tax-free land Opportunities with the new nonprofit land exception 109 •New s. 196.1978(3) •Provides a property tax exemption to “newly constructed” multifamily developments that have more than 70 affordable units for households up to 120% AMI •Tax exemption only applies to the affordable units •Tiered property tax exemptions: •Units affordable to 80-120% AMI = 75% property tax exemption •Units affordable to <80% AMI = 100% property tax exemption 3. “Missing middle” property tax exemption 110 •Other provisions •Maximum rents based on HUD’s Multifamily Tax Subsidy Projects Income Limits or 90% of Fair Market Value as determined by a local rental market study, whichever is less •Statute provides process for applying for exemption •Units subject to an agreement with FHFC to provide affordable housing to ELI, VLI, and LI households are not eligible for this exemption •Penalties for noncompliance •The intent of this provision is to incentivize non-FHFC subsidized affordable developments 3. “Missing middle” property tax exemption 111 •Effectiveness will depend on relationship between $ for rents a market-rate developer could charge vs. property tax savings if rented to households at or below 120% AMI •Will work differently in different markets •May impact local willingness to devote local dollars to affordable housing initiatives Effect of the “Missing middle” property tax exemption 112 Comparing the “Missing Middle” exemption and the Local Option Property Tax Exemption Section 8 “Missing Middle” Property Tax Exemption Section 9 Local Option Property Tax Exemption Local discretion?No Yes Type of development Multifamily rental developments w/more than 70 affordable units Must be “newly constructed” as defined by the Act. Multifamily rental developments w/50 or more units that set aside at least 20% of the units as affordable housing. Does not have to be “newly constructed” – can apply to existing development. Affordability requirement More than 70 units must be affordable of not less than three years after exemption granted At least 20% of the development must be affordable Income eligibility Up to 120% AMI Up to 60% AMI Rent limit No more than rent limit chart derived from the Multifamily Tax Subsidy Projects Income Limits published by HUD or 90% of fair market value rent as determined by a local rental market study No more than rent limit chart derived from the Multifamily Tax Subsidy Projects Income Limits published by HUD or 90% of fair market value rent as determined by a local rental market study Exemption authorized Units at 80-120% AMI = 75% exemption Units <80% AMI = 100% exemption Up to 75% exemption if fewer than 100% of units are affordable Up to 100% exemption if 100% of units are affordable 113 I. Funding II. Property tax incentives III. Land use & zoning IV. Using publicly-owned land for affordable housing V. Amendments to state housing strategy & other reforms 114 A local government cannot regulate the use, density, or height of an affordable housing development if a proposed rental project is: •Multifamily or mixed-use residential in any area zoned for commercial, industrial, or mixed use; •At least 40% of units are affordable for households up to 120% AMI for at least 30 years •If mixed-use, at least 65% is residential Local government cannot require a development authorized under this preemption to obtain a zoning/land use change, special exception, conditional use approval, variance, or comp plan amendment for use, density, or height. Land use standards – Affordable housing in commercial, industrial, and mixed-use zones 115 Land use standards – Affordable housing in commercial, industrial, and mixed-use zones Affordable housing developments allowed under this preemption are entitled to: Use •Allowed to build multifamily rental or mixed-use in commercial, industrial, or mixed- use zones without a zoning or land development change Density •Highest density allowed on any land in the City or County where residential development is allowed Height •Highest currently allowed height for a commercial or residential development within 1 mile of the proposed development or 3 stories, whichever is higher 116 Additional provisions: •All other state and local laws apply. •Ex) setbacks, parking, concurrency, max lot coverage, environmental all still apply –all of which can indirectly limit density and height •If a proposed project satisfies the existing LDRs for multifamily developments and is otherwise consistent with the comprehensive plan, project must be administratively approved (will help prevent NIMBY opposition to certain affordable housing developments) •LGs must consider reducing parking requirements if project within one- half mile of a major transit stop Land use standards – Affordable housing in commercial, industrial, and mixed-use zones 117 •20% Rule –mixed-use only: •Cities. If a city has less than 20 percent of total land use designated for commercial or industrial use, only mixed-use residential is allowed with this tool. •Counties. If proposed project is within boundaries of a multicounty independent special district 1) created to provide municipal services; 2) is not authorized to levy ad valorem taxes, 3) and less than 20 percent of land in that district is designated for commercial or industrial use, then mixed-use only. Land use standards – Affordable housing in commercial, industrial, and mixed-use zones 118 What should local governments do now re: these land use standards for AH? •Start studying your City or County’s commercial, industrial, and mixed-use sites that could utilize this new statutory tool •Examine your: •Future land use maps and zoning codes •Height and density regulations •Other regulations (setbacks, parking, max lot coverage, environmental/resiliency standards, etc.) that influence the use of this tool •Ask: •How much land is eligible for this new tool? •What types of projects can be expected on eligible parcels? •How can the City/County facilitate affordable housing on eligible parcels? 119 How Can LLA Work for You? •Opportunity to evaluate LLA in coordination with existing local regulations and incentives to increase the supply of affordable housing. May include incentivizing housing production in targeted areas over others. •This tool can facilitate redevelopment/infill projects to convert underutilized commercial & industrial properties into affordable housing •Can facilitate increased mixed-use and access –both physical access between residential and non-residential and access via affordability. •Can save staff time –no need to rezone parcels for housing uses 120 Broward Metropolitan Planning Organization (MPO) Vision 2100 121 Broward County Land Use Plan 122 Pinellas Corridor Planning •Key objectives •Multijurisdictional corridor plans •Alternate US 19 •Roosevelt/East Bay Drive •US 19/34th Street •Ulmerton Road •Adopting local housing density bonus options •Funding programs to promote development of housing near transit corridors Photo Source: https://psta.net/media/4784/fy2021-2030-tdp.pdf 123 Model Corridor: Alternate US 19 •Investment Corridor Transition Plan process underway •SB102 in the context of the transition plan •Identifying sites along route that may qualify for land use tool (administrative approval –see Goal 11 of Pinellas Housing Compact Action Plan) •Site testing/case studies to •Explore site design considerations •determine additional incentives needed for developments to pencil •How sites support goals in Pinellas Housing Compact Action Plan (specifically Goals 2, 3, 4 and 5) •Opportunities for strategic site acquisition •Permanent or long-term affordability requirements with funding Photo Source: https://psta.net/media/4784/fy2021-2030-tdp.pdf 124 Manatee County Urban Corridors 125 Potential for Corridor Redevelopment with LLA & Targeted Incentives •Countless commercial thoroughfares, main streets, downtown corridors statewide •Coordination with FDOT on state roadway design - 336.045(6), F.S. 126 Frequently asked questions (so far) on this land use tool •Does the tool apply to Planned Unit Developments (PUDs)? •Who is responsible for compliance monitoring on the affordable units? •What land development regulations apply to multifamily developments in order to require an administrative approval? •In which ways can local government still regulate affordable housing developments under this preemption? When in doubt, consult your City or County Attorney. We are still in the very early stages of LLA and there are a number of nuanced legal interpretations to sort through. 127 “HB 1339” (2020) land use tool amended F.S. 125.01055(6)/166.04151(6): currently allows local government to approve affordable housing developments on any parcel zoned for a residential, commercial, or industrial use without needing a rezoning or comprehensive plan amendment. What the Live Local Act does: •Strikes out “residential” •Removes the prohibition on SAIL funded projects 128 Comparing the new land use tool in SB 102 (2023) and HB 1339 (2020) F.S. 125.01055(7)/166.04151(7) – New Live Local tool 125.01055(6)/166.04151(6) – Existing HB 1339 tool as amended by the Live Local Act Local discretion?Not for use, density, and height Yes Eligible zones Commercial, industrial, mixed-use Commercial, industrial Types of development Multifamily rental or mixed use residential Any multifamily or mixed-use residential project (rental or ownership) Affordability requirement At least 40% of the units must be affordable for 30 years At least 10% of the units must be affordable Local authority Preempted on certain standards regarding use, height, or density All other state and local laws apply Discretion to regulate in any manner 129 Comparing the new land use tool in SB 102 (2023) and HB 1339 (2020) Commercial, industrial, mixed- use zone 40%-100% affordable + rental Live Local preemption 10-39.9% affordable + rental or ownership “HB 1339” discretionary approval •Can use HB 1339 discretionary approval as a “carrot” to build in desired locations •Possibility -allow developer to build less % of affordable housing in exchange for building away from certain areas intended to be kept for commercial or industrial 130 I. Funding II. Property tax incentives III. Land use & zoning IV. Using publicly-owned land for affordable housing V. Amendments to state housing strategy & other reforms 131 Using publicly-owned land for AH (Sections 4 & 7) Background: F.S. 125.379/166.0451 –Florida’s “surplus land” laws •Requires every city and county, at least every three years, to identify publicly- owned lands that are “appropriate for use as affordable housing” •Lands identified as “appropriate” for affordable housing are to be placed on an affordable housing inventory list •Lands placed on the inventory list may be used for affordable housing purposes Caveats: •Publicly owned land does not have to be on this inventory list to be used for AH •Goal of the statute is transparency/accountability with the spirit of using more publicly owned land for affordable housing 132 Using publicly-owned land for AH (Sections 4 & 7) The Live Local Act amends the state’s “surplus land” laws to newly apply to all dependent special districts •“Dependent special district” defined at s. 189.012 •Examples of dependent special districts: •Community redevelopment agencies (CRAs) •Port authorities •Neighborhood improvement districts •Housing authorities •Water and sewer districts •Special taxing districts •See handout for complete list of dependent special districts in Florida (615 in total) •Development authorities •Water and sewer districts •Soil and water conservation districts 133 Using publicly-owned land for AH (Sections 4 & 7) •Requires local governments to adopt an affordable housing inventory list by Oct. 1, 2023 and every 3 years thereafter (restarts the clock) •Requires local governments to make the inventory list of properties appropriate for affordable housing publicly available on its website. •Encourages local governments to adopt best practices for surplus land programs, including: •“a) Establishing eligibility criteria for the receipt or purchase of surplus land by developers; •b) Making the process for requesting surplus lands publicly available; and •c) Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase property . . . and by requiring reversion of property not used for affordable housing within a certain timeframe.” 134 Section 4 & 7 opportunities •Makes more publicly owned land available for permanently affordable housing development •Increases transparency for affordable housing land inventory lists and processes •Improves land disposition procedures through best practices •Better partnerships with nonprofit housing developers 135 Hillsborough County website for surplus lands 136 137 I. Funding II. Property tax incentives III. Land use & zoning IV. Using publicly-owned land for affordable housing V. Amendments to state housing strategy & other reforms 138 Amendments to the State Housing Strategy •The LLA substantially rewrites the State Housing Strategy at s. 420.0003 of the Florida Statutes •Includes subsections on state and local policies to increase the supply of affordable housing, implementation goals, research and data gathering, and technical assistance •Examples: •“State and local governments shall provide incentives to encourage the private sector to be the primary delivery vehicle for the development of affordable housing.” •“State-funded development should emphasize use of developed land, urban infill, and the transformation of existing infrastructure in order to minimize sprawl, separation of housing from employment, and effects of increased housing on ecological preservation areas.” 139 Encouraging local governments to adopt best practices •Section 26 of the bill has several provisions encouraging local governments to adopt best practices. These provisions include: •“Local government shall provide incentives to encourage the private sector to be the primary delivery vehicle for the development of affordable housing.” (lines 1927-1929) •“Local governments should consider and implement innovative solutions . . . Innovative solutions include: (lines 1937-1957) •“Utilizing publicly held land to develop affordable housing . . .” •“Community-led planning that focuses on urban infill, flexible zoning, redevelopment of commercial property into mixed-use property . . .” •“Project features that maximize efficiency in land and resource use, such as high density, high rise, and mixed use.” •“Modern housing concepts such as manufactured homes, tiny homes, 3D-printed homes, and accessory dwelling units.” 140 Other policies in the Live Local Act •Requires local governments to post expediting permitting procedures online •Precludes state funding for housing to local governments whose comprehensive plans have been found not in compliance with Chapter 163 •Provides sales tax relief for building materials for certain affordable housing developments •Addresses using nonconservation state owned land for affordable housing 141 Other policies in the Live Local Act •Expands Florida Job Growth Grant Fund to support public infrastructure projects to facilitate the production of affordable housing •Directs OPPAGA to produce policy reports on affordable housing issues •Amends FHFC board makeup •Authorizes FHFC to contract with the Catalyst Program to provide training to local governments specifically on using publicly-owned land for affordable housing 142 Other policies in the Live Local Act •Expands Florida Job Growth Grant Fund to support public infrastructure projects to facilitate the production of affordable housing •Directs OPPAGA to produce policy reports on affordable housing issues •Amends FHFC board makeup •Authorizes FHFC to contract with the Catalyst Program to provide training to local governments specifically on using publicly-owned land for affordable housing 143 Live Local’s impact on AHAC Strategies Strategy Relevant section(s) of the Live Local Act a. Expedited Permitting 38 b. Fee waivers 8, 9 c. Flexibility in densities 3, 5, 26 d. Reservation of infrastructure capacity 25 e. Affordable accessory residential units 26 f. Reduction of parking and setback requirements 3, 5, 26 g. Flexible lot configurations 3, 5, 26 h. Modification of street requirements 3, 5, 26 i. Housing impact statement j. Inventory of publicly owned lands 4, 7, 26, 32 k. Support of development near transit, major employment centers, and mixed-use 3, 4, 5, 7, 26, 32 144 Questions? 145 Training and technical assistance offered by FHC •Virtual question and answer sessions with local government staff and nonprofits through the Catalyst Program •Formal trainings to housing organizations including AHACs, MPOs, and housing councils •Implementation technical assistance •We will soon be drafting implementation materials to assist local governments implement the tools in the LLA •For assistance, please contact Kody Glazer at glazer@flhousing.org 146 Upcoming FHC Trainings on Live Local Act June 15 @ 2pm Land Use and Zoning provisions, including new preemptions and expedited permitting procedures Register HERE 147 Contact Information Kody Glazer, Legal & Policy Director Glazer@flhousing.org Ashon Nesbitt, Chief Executive Officer Nesbitt@flhousing.org Ali Ankudowich, Technical Advisor Ankudowich@flhousing.org 148 The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Committee on Appropriations BILL: CS/SB 102 INTRODUCER: Appropriations Committee, and Senator Calatayud and others SUBJECT: Housing DATE: February 24, 2023 ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Hackett Ryon CA Favorable 2. Nortelus Sadberry AP Fav/CS Please see Section IX. for Additional Information: COMMITTEE SUBSTITUTE - Substantial Changes I. Summary: CS/SB 102 makes various changes and additions to affordable housing related programs and policies at both the state and local level. Much of the bill involves the Florida Housing Finance Corporation (FHFC), a public-private entity that administers the two largest statewide affordable housing programs: the State Apartment Incentive Loan (SAIL) program and the State Housing Initiatives Partnership (SHIP) program. With regards to the FHFC, the bill:  Provides up to $150 million annually to the SAIL program for certain specified uses such as infill and projects near military installations. These funds are to be redirected from the General Revenue service charge, and this provision sunsets 2033.  Provides up to a $5,000 refund for sales tax paid on building materials used to construct an affordable housing unit funded through the FHFC.  Creates a new tax donation program to allow corporate taxpayers to direct certain tax payments to the FHFC, up to $100 million annually, to fund the SAIL program.  Codifies the Florida Hometown Heroes down payment assistance program, retaining the structure as it exists while increasing the monetary limit per loan and the scope of eligibility.  Adds two members to the FHFC Board of Directors, one appointed by the leader of each chamber of the Legislature.  Broadens the ability for the FHFC to invest in affordable housing developments for those in or aging out of foster care.  Adds a requirement to its annual legislative budget request.  Makes a technical amendment to the qualified contracts process. REVISED: 149 BILL: CS/SB 102 Page 2 With regards to other state-level resources, the bill:  Revises the State Housing Strategy to align with current best practices and goals.  Requires nonconservation land managers to analyze whether such lands would be more appropriately transferred to a local government for affordable housing related purposes.  Clarifies current law to ensure all local government requests for surplus lands are expedited.  Expands Job Growth Grant Fund eligibility to specifically authorize public infrastructure projects that support affordable housing.  Increases the amount of tax credits available through the Community Contribution Tax Credit Program for affordable housing from $14.5 million to $25 million annually. With regards to local governments, the bill:  Preempts local governments’ requirements regarding zoning, density, and height to allow for streamlined development of affordable housing in commercial and mixed-use zoned areas under certain circumstances. Developments that meet the requirements may not require a zoning change or comprehensive plan amendment.  Removes a local government’s ability to approve affordable housing on residential parcels by bypassing state and local laws that may otherwise preclude such development, while retaining such right for commercial and industrial parcels.  Removes provision in current law allowing local governments to impose rent control under certain circumstances, preempting rent control ordinances entirely.  Requires counties and cities to update and electronically publish the inventory of publicly owned properties, for counties including property owned by a dependent special district, which may be appropriate for affordable housing development.  Authorizes the FHFC, through contract with the Florida Housing Coalition, to provide technical assistance to local governments to facilitate the use or lease of county or municipal property for affordable housing purposes.  Requires local governments to maintain a public written policy outlining procedures for expediting building permits and development orders for affordable housing projects.  Provides that the Keys Workforce Housing Initiative is an exception to evacuation time requirements and that comprehensive plan and land use amendments approved under that initiative are valid.  The bill also introduces three ad valorem property tax exemptions:  An ad valorem tax exemption for land owned by a nonprofit entity that is leased for a minimum of 99 years for the purpose of providing affordable housing.  An ad valorem tax exemption that applies to rent-restricted units within newly constructed or substantially rehabilitated developments setting aside at least 70 units for affordable housing for households earning 120 percent of area median income or less.  Authorizes counties and municipalities to offer, through ordinance, an ad valorem tax exemption to property owners who dedicate units for affordable housing for households earning 60 percent of area median income or less. The bill contains the following appropriations to the FHFC:  $100 million in non-recurring funds from the General Revenue Fund to implement the Florida Hometown Heroes Program; 150 BILL: CS/SB 102 Page 3  $252 million in non-recurring funds from the Local Government Housing Trust Fund for the SHIP program;  $150 million in recurring funds from the State Housing Trust Fund for SAIL projects funded by the General Revenue service charge redirect in the bill.  $109 million in non-recurring funds from the State Housing Trust Fund for the SAIL program; and  $100 million in non-recurring funds from the General Revenue Fund to implement a competitive loan program to alleviate inflation-related cost increases for FHFC-approved multifamily projects that have not yet commenced construction. See Section V., Fiscal Impact Statement, for Revenue Estimating Conference analysis on individual components of the bill. Except as otherwise provided, the bill takes effect July 1, 2023. II. Present Situation: The present situation for each issue is described below in Section III, Effect of Proposed Changes. III. Effect of Proposed Changes: Present Situation: Affordable Housing One major goal at all levels of government is to ensure that citizens have access to affordable housing. Housing is considered affordable when it costs less than 30 percent of a family’s gross income. A family paying more than 30 percent of its income for housing is considered “cost burdened,” while those paying more than 50 percent are considered “extremely cost burdened.” Severely cost burdened households are more likely to sacrifice other necessities such as healthy food and healthcare to pay for housing, and to experience unstable housing situations such as eviction. Affordable housing is defined in terms of household income. Resident eligibility for Florida’s state and federally funded housing programs is typically governed by area median income (AMI) levels. These levels are published annually by the U.S. Department of Housing and Urban Development (HUD) for every county and metropolitan area. The following are standard household income level definitions and their relationship to the 2022 Florida state AMI of $78,300 for a family of four (as family size increases or decreases, the income range also increases or decreases):1  Extremely low income – earning up to 30% AMI (at or below $ 23,500);2  Very low income – earning from 30.01 to 50% AMI ($23,501 to $39,150);3 1 U.S. Department of Housing and Urban Development, Income Limits, Access Individual Income Limits Areas – Click Here for FY 2022 IL Documentation, available at https://www.huduser.gov/portal/datasets/il.html#2022 (last visited January 25, 2023). 2 Section 420.0004(9), F.S. 3 Section 420.0004(17), F.S. 151 BILL: CS/SB 102 Page 4  Low income – earning from 50.01 to 80% AMI ($39,151 to $62,650); 4 and  Moderate income – earning from 80.01 to 120% of AMI ($62,651 to $94,000).5 To illustrate, below are examples of income thresholds from various counties in Florida: AMI % Single Income 30% 60% 80% 120% 150% Miami-Dade 20,490 40,980 54,640 81,960 102,450 Collier 19,830 39,660 52,880 79,320 99,150 Leon 17,070 34,140 45,520 68,280 85,350 Bradford6 12,750 25,500 34,000 51,000 63,750 AMI % Family of 4 30% 60% 80% 120% 150% Miami-Dade 29,250 58,500 78,000 117,000 146,250 Collier 28,290 56,580 75,440 113,160 141,450 Leon 24,360 48,720 64,960 97,440 121,800 Bradford7 18,210 36,420 48,560 72,840 91,050 Housing costs reflect what people are willing to pay to live in an area, which may make it difficult for the workforce, elders, and people with disabilities to find affordable homes and apartments. The government helps make housing affordable through decreased monthly rent or mortgage payments so that income eligible families are able to pay less for housing than it would otherwise cost at “market rate.” Lower monthly payments or down payment assistance is a result of affordable housing financing. Florida Housing Finance Corporation The 1997 Legislature created the Florida Housing Finance Corporation (FHFC) as a public- private entity to assist in providing a range of affordable housing opportunities for Floridians.8 The FHFC is a corporation held by the state and housed within the Department of Economic Opportunity (DEO). The FHFC is a separate budget entity and its operations, including those relating to personnel, purchasing, transactions involving real or personal property, and budgetary matters, are not subject to control, supervision, or direction by the DEO.9 The goal of the FHFC is to increase the supply of safe, affordable housing for individuals and families with very low to moderate incomes by stimulating investment of private capital and encouraging public and private sector housing partnerships. As a financial institution, the FHFC administers federal and state resources to finance the development and preservation of affordable rental housing and assist homebuyers with financing and down payment assistance. 4 Section 420.0004(11), F.S. 5 Section 420.0004(12), F.S. 6 This threshold applies to 18 counties: Bradford, DeSoto, Dixie, Glades, Ham ilton, Hardee, Hendry, Holmes, Jackson, Levy, Liberty, Madison, Okeechobee, Putnam, Suwanee, Taylor, Union, and Washington. 7 Id. 8 Chapter 97-167, Laws of Fla. From 1980 through 1997, the former Florida Housing Finance Agency, placed within the former Department of Community Affairs, performed similar duties. 9 Section 420.504(1), F.S. 152 BILL: CS/SB 102 Page 5 Funding for Affordable Housing The FHFC draws and administers funds from federal programs through federal tax credits and the HUD,10 from the state through the State Housing Trust Fund and Local Government Housing Trust Fund,11 both funded by documentary stamp taxes, as well as ad hoc individual legislative appropriations, and through program income, which consists primarily of funds from successful loan repayment that is recycled into the program it came from. Documentary Stamp Tax The documentary stamp tax imposes an excise tax on deeds or other documents that convey an interest in Florida real property. The tax comprises two taxes imposed on different bases at different tax rates. The first tax rate is 70 cents on each $100 of consideration for deeds, instruments, or writings whereby lands, tenements, or other real property or interests that are granted, assigned, transferred, conveyed or vested in a purchaser.12 The second tax rate is 35 cents per each $100 of consideration for certificates of indebtedness, promissory notes, wage assignments, and retail charge account agreements.13 Revenue collected from the documentary stamp tax is divided between the General Revenue Fund and various trust funds14 according to the statutory formula in ch. 201, F.S. Housing Trust Funds The State Housing Trust Fund, administered by the FHFC,15 is “to be used for new construction and substantial rehabilitation of housing, to improve the state’s ability to serve first-time homebuyers, and to increase the affordability and availability of the housing stock in the State of Florida.”16 The 1992 Sadowski Act increased documentary stamp tax rates and provided for a certain proportion of documentary stamp tax revenues to be distributed to the State Housing Trust Fund. A large portion of these funds are utilized in the State Apartment Incentive Loan (SAIL) Program. The Local Government Housing Trust Fund, administered by the FHFC,17 is used to fund the State Housing Initiatives Partnership (SHIP) Program, which was created “for the purpose of providing funds to local governments as an incentive for the creation of partnerships to produce and preserve affordable housing.”18 A certain proportion of documentary stamp tax revenues are distributed to the Local Government Housing Trust Fund. 10 See ss. 420.507(33) and 159.608, F.S. 11 Section 201.15, F.S. 12 Section 201.02(1), F.S. 13 Sections 201.07 and 201.08, F.S. 14 The Land Acquisition Trust Fund, the State Transportation Trust Fund, the State Economic Enhancement and Development Trust Fund, the General Inspection Trust Fund, the Water Protection and Sustainability Program Trust Fund, the Resilient Florida Trust Fund, the State Housing Trust Fund, and the Local G overnment Housing Trust Fund. 15 Chapter 92-317, ss. 1-35, Laws of Fla; Section 420.0005, F.S. 16 Chapter 88-376, s. 2, Laws of Fla.; s. 420.003(5), F.S. (1988). 17 Section 420.9079, F.S 18 Chapter 92-317, s. 32, Laws of Fla.; s. 420.9072, F.S. (1992). 153 BILL: CS/SB 102 Page 6 State Apartment Incentive Loan (SAIL) Program The SAIL Program is administered by the FHFC and provides low-interest loans on a competitive basis to multifamily affordable housing developers.19 These funds often serve to bridge the gap between the development’s primary financing and the total cost of the development. SAIL dollars are available for developers proposing to construct or substantially rehabilitate multifamily rental housing.20 At a minimum, developments financed by SAIL must set aside 20 percent of units for households at or below 50 percent of AMI, or if the development also receives Low Income Housing Tax Credits21 (LIHTC), 40 percent of units for households up to 60 percent of AMI.22 Loan interest rates are set at zero percent for those developments that maintain 80 percent of their occupancy for farmworkers, commercial fishing workers or homeless people. The interest rates are set at one percent for all other developments. Generally, loans are issued for 15 years and cover approximately 25 to 35 percent of the total development cost. Development Funding Selection Process SAIL funding is distributed by the FHFC through a competitive solicitation process.23 Each year the FHFC issues several requests for application, formal offers of funding that require hopeful developers to give the FHFC detailed information related to the development. These requests for application vary by geography and needs of the community, based on a statewide market study.24 Applications are then reviewed and scored by the FHFC, based on a number of criteria, and awards are made from the highest scoring applications.25 To illustrate, in 2022 one request for application was entitled “SAIL Financing for the Construction of Workforce Housing in Monroe County.”26 This request stated that up to $5.52 million in SAIL financing would be awarded for a Monroe County based development serving workforce income households (up to 120% AMI), in addition to $1.8 million of LIHTC financing available for award to developments serving low income households (up to 60% AMI). Applicants filed detailed information, including developer experience, development characteristics, proposed location, set-aside commitments, and existing financing. Applications 19 Section 420.5087, F.S. 20 See Florida Housing Finance Corporation, State Apartment Incentive Loan, available at https://floridahousing.org/programs/developers-multifamily-programs/state-apartment-incentive-loan (last visited February 3, 2022). 21 Low Income Housing Tax Credits are a financial instrument administered by the Department of Housing and Urban Development that provide financing for low income housing developments. Credits are allocated to states on a per capita basis and state-level administration is performed by FHFC. Eligible developments are income -limited similarly to SAIL requirements. 22 Section 420.5087(2), F.S. 23 Section 420.5087(1), F.S. 24 Id., see also Fla. Admin. Code R. Ch 67-60. 25 For the full list of statutory criteria, see s. 420.5087(6)(c), F.S. Additional criteria and scoring mechanics can be set by FHFC. 26 Florida Housing Finance Corporation, Request for Applications 2022-208, March 7, 2022, available at https://www.floridahousing.org/docs/default-source/programs/competitive/2022/2022-208/3-7-22-final-2022-208- workforce_bookmarked08e499c2fb0d6fb69bf3ff00004a6e0f.pdf?sfvrsn=ce9f67b_0 (last visited December 29, 2022). 154 BILL: CS/SB 102 Page 7 were reviewed and ultimately one was awarded the full amount available. The resulting development following award will have 98 units, with each unit set aside as follows:  10 percent of the units will serve households at or below 25% AMI;  40 percent of the units will serve households at or below 60% AMI; and  50 percent of the units will serve households between 60% and 120% AMI.27 These set-asides for affordable housing set two limits on an apartment: the rent is limited to make the apartment affordable to someone at the target income, and potential renters must submit proof of income beneath the target before becoming eligible renters. Set-asides are generally governed by a Land Use Restrictive Agreement (LURA), which is recorded by the county clerk’s office and runs with the land. A LURA can also include a time period associated with restriction compliance enforced by the IRS, HUD, or other housing authority.28 Both the FHFC and local governments utilize LURAs to enforce requirements that developers receiving funding indeed go on to provide affordable housing. The same competitive solicitation process is used to distribute many different types of funding routed through the FHFC. The FHFC is the state’s administrator for all federal affordable housing programs, which include LIHTC, HOME investment partnerships and the National Housing Trust Fund program via the HUD, and Multifamily Mortgage Revenue Bonds. The process is also used for other state programs such as the Elderly Housing Community Loan Program.29 Certain funding sources can also be paired to ensure a greater number of projects are funded. External Funding for SAIL Projects SAIL funding operates as gap financing, which means it provides the last amount needed to secure a development’s future. There are several sources of funding that an affordable housing development will take advantage of:  FHFC Loans and Grants, which result from state appropriations;  Traditional financing through bank loans and bond issuance;  Local government investment;  Private funds directly raised or put forth by the developer; and  LIHTC. Housing credits are a financial instrument, tax credits, issued through the LIHTC program.30 After being allocated a certain amount of tax credits by the federal government based on population and need, the FHFC allocates the funding to affordable housing developers. There are two types of credits: 27 See Lofts at Bahama Village, Application Package for RFA 2022 -208, Application Number 2022-265CS, available at https://www.floridahousing.org/programs/developers-multifamily-programs/competitive/submitted-rfas?RFA=2022208 (last visited December 29, 2022). 28 Commercial Real Estate Finance Company of America, Multifamily Housing – Land Use Restrictive Agreement (LURA) LIHTC, available at https://www.crefcoa.com/land-use-restrictive-agreement.html (last visited February 4, 2023). 29 SB 102’s focus, as it relates to multifamily development loans, is SAIL funding. For mo re on the programs referred to in this paragraph, see generally Florida Housing Finance Corporation, 2021 Annual Report, January 30, 2022, available at https://issuu.com/fhfc/docs/2021_annual_report (last visited December 29, 2022). 30 Florida Housing Finance Corporation, Housing Credits, available at https://www.floridahousing.org/programs/developers- multifamily-programs/low-income-housing-tax-credits (last visited January 5, 2023). 155 BILL: CS/SB 102 Page 8  9 percent credits, which are more valuable and limited. These are competitively bid for and can typically fund two-thirds of a development’s total cost; and  4 percent credits, which are not limited and considered “non-competitive.” These typically fund one third of a development’s total cost. General Revenue Service Charge Redirect for SAIL Program Section 201.15, F.S., prescribes the distribution of revenues from the excise tax on documents. After payments on certain outstanding bonds and a distribution to the Land Acquisition Trust Fund, eight percent of total collections is deducted as the General Revenue service charge required by s. 215.20(1), F.S. This charge is intended to represent a share of the cost of general government. The remaining revenues from the excise tax on documents are distributed to various trust funds, including the State Housing and Local Government Housing Trust Funds, pursuant to s. 201.15, F.S. Effect of Proposed Changes: The bill provides for $150 million to be redirected from the General Revenue service charge to the State Housing Trust Fund for use in the SAIL program, with certain priorities and goals attached. These goals include projects focused on infill and maximizing existing infrastructure, the use and lease of public lands, projects near military installations, and projects meeting the needs of certain groups such as the elderly and those aging out of foster care. This funding is annually recurring, and will be repealed on July 1, 2033. A section-level breakdown follows. Section 10 amends s. 201.15, F.S., to provide that, after documentary stamp tax revenue distributions to the Land Acquisition Trust Fund and before any other distributions, the lesser of 8 percent of the remainder or $150 million is paid to the credit of the State Housing Trust Fund to be utilized pursuant to s. 420.50871, F.S., created by section 30. The remainder of the 8 percent shall be paid into the General Revenue Fund, constituting the General Revenue service charge. The section removes other references to the General Revenue service charge. Section 11 provides that the amendments made by section 10 expire on July 1, 2033, and the text of that section shall revert to that in existence before the bill’s passage but for any amendments by other legislation which are not dependent on the portions of the text which expire. Section 14 creates s. 215.212, F.S., to exempt documentary stamp taxes from the General Revenue service charge, in accordance with the amendments made by Section 10 which provide the same 8 percent charge in another form. This section is also repealed July 1, 2033. Section 15 amends s. 215.22, F.S., to make a technical conforming change. Section 16 likewise provides that the amendments made by section 15 expire on July 1, 2033, and the text of that section shall revert to that in existence before the bill’s passage but for any amendments by other legislation which are not dependent on the portions of the text which expire. Section 32 creates s. 420.50871, F.S., which provides the allocation of revenues derived by the amendments made by section 10. The $150,000,000 allocated to the State Housing Trust Fund 156 BILL: CS/SB 102 Page 9 by section 10 are to be used by the FHFC under the SAIL program, with specific requirements as follows: Seventy percent of the funds must be used to issue competitive requests for application to finance projects that:  Both redevelop an existing affordable housing development and provide for the construction of a new development within close proximity to the existing development to be rehabilitated. This mechanism involves building a new affordable housing development first, relocating the tenants of the existing development to the new development, and then demolishing the existing development for reconstruction of an affordable housing development with more overall and affordable units.  Address urban infill, including conversions of vacant, dilapidated, or functionally obsolete buildings or the use of underused commercial property.  Provide for mixed use of the location, incorporating nonresidential uses, such as retail, office, institutional, or other appropriate commercial or nonresidential uses.  Provide housing near military installations in this state. The remaining 30 percent must be used to finance any of the following projects which:  Propose using or leasing public lands. Projects that propose to use or lease public lands must include a resolution or other agreement with the unit of government owning the land to use the land for affordable housing purposes.  Address needs of young adults who age out of the foster care system.  Meet the needs of elderly persons.  Provide housing to meet the needs in areas of rural opportunity, designated pursuant to s. 288.0656, F.S. One project need not meet all of the goals listed for each allocation group, but each goal must be targeted for development. The bill instructs the FHFC to coordinate with the appropriate state department or agency for each goal, and to prioritize projects providing mixed-income developments. Funds allocated under this section must remain within the requirements of this section, but the FHFC may allocate outside funds (e.g. from the wider SAIL program) to supplement these funds. This section is repealed on June 30, 2033. Section 33 directs the Division of Law Revision to make technical amendments to bill when published into law. Present Situation: Florida Sales Tax Refund for SAIL Developments Florida levies a six percent sales and use tax on the sale or rental of most tangible personal property,31 admissions,32 transient rentals,33 and a limited number of services. Chapter 212, F.S., 31 Section 212.05(1)(a)1.a., F.S. 32 Section 212.04(1)(b), F.S. 33 Section 212.03(1)(a), F.S. 157 BILL: CS/SB 102 Page 10 contains provisions authorizing the levy and collection of Florida’s sales and use tax, as well as the exemptions and credits applicable to certain sales. Sales tax is added to the sales price of the taxable good or service and collected from the purchaser at the time of sale.34 Counties are authorized to impose local discretionary sales surtaxes in addition to the state sales tax.35 A surtax applies to “all transactions occurring in the county which transactions are subject to the state tax imposed on sales, use, services, rentals, admissions, and other transactions by [ch. 212, F.S.], and communications services as defined in ch. 202.”36 The discretionary sales surtax is based on the tax rate imposed by the county where the taxable goods or services are sold or delivered. Discretionary sales surtax may be levied in a range of 0.5 to 2.5 percent.37 Effect of Proposed Changes: Section 12 (in part) amends s. 212.08(5)(v), F.S., to provide up to a $5,000 refund for sales tax paid on building materials used to construct an affordable housing unit funded through the FHFC. The bill provides that building materials used in eligible residential units are exempt from sales tax under certain circumstances. The exemption takes the form of a post-construction refund to the owner, and may not exceed the lesser of $5,000 or 97.5 percent of the Florida sales or use tax paid on the cost of building materials per unit. A refund will not be granted unless it exceeds $500. This refund does not apply to affordable housing developments for which construction began prior to July 1, 2023. In order to receive the refund, the owner of the applicable residential units must submit a review request to the Department of Revenue (DOR) within six months of the units’ completion, including the following:  The applicant’s name and address;  An address and parcel number of the improved real property;  A description of the eligible residential units;  A copy of the units’ building permit;  A sworn statement from the general contractor or owner specifying the building materials, their cost and sales tax; and  A certification by the building code inspector that the unit is substantially completed.  A copy of the LURA with the FHFC for the eligible units. The exemption may also be claimed by a local government, agency, or nonprofit community- based organization if the building materials are paid for from the funds of a grant or loan program similar to SHIP. In this instance, the local government, agency, or organization would submit the same request as above. The DOR may adopt rules to implement the directives of this section. 34 Section 212.07(2), F.S. 35 Section 212.055, F.S. 36 Section 212.054(2)(a), F.S. 37 Office of Economic and Demographic Research, Florida Tax Handbook, 227-228 (2021), available at http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2021.pdf (last visited Dec. 06, 2021). 158 BILL: CS/SB 102 Page 11 The DOR will additionally move 10 percent of the value of the refund from the Local Government Half-Cent Sales Tax Clearing Trust Fund to the General Revenue Fund in order to reflect the sales tax refund. Present Situation: “Live Local Program” - Tax Credit Program benefiting SAIL Program The Florida Tax Credit Scholarship Program (FTC) was created in 200138 and allows taxpayers to make private, voluntary contributions to scholarship-funding organizations (SFOs) that can then be awarded as scholarships to eligible low-income students for private school tuition and fees. Taxpayers can receive a tax credit for use against their liability for corporate income tax, insurance premium tax, oil and gas production tax, use tax under a direct pay permit or alcoholic beverage taxes on beer, wine, and spirits.39 The tax credit is equal to 100 percent of the eligible contributions made.40 To receive a tax credit the taxpayer must submit an application to the DOR and specify each tax for which the taxpayer requests a credit and the applicable taxable or state fiscal year for the credit.41 Taxpayers can rescind tax credits, which will become available to another eligible taxpayer in that fiscal year.42 Described below are select taxes imposed by Florida on certain businesses and products within the state.  Corporate Income Tax: Florida imposes a 5.5 percent tax on the taxable income of certain corporations and financial institutions doing business in Florida.43 Corporate income tax is remitted to the DOR and distributed to the General Revenue Fund.  Insurance Premium Tax: Florida imposes a 1.75 percent tax on most Florida insurance premiums.44 Insurance premium taxes are paid by insurance companies under ch. 624, F.S., and are remitted to the DOR. These revenues are distributed to the General Revenue Fund with additional distributions to the Insurance Regulatory Trust Fund, the Police & Firefighters Premium Tax Trust Fund, and the Emergency Management Preparedness & Assistance Trust Fund. Effect of Proposed Changes: Section 34 creates s. 420.50872, F.S., to establish the “Live Local Program,” a tax credit program benefiting the SAIL program. Under the Live Local Program, businesses that make monetary donations to the FHFC to fund the SAIL program may receive a dollar-for-dollar credit against either corporate income or 38 Section 1002.395, F.S. 39 Section 1002.395(1) and (5), F.S. 40 Sections 220.1875 and 1002.395(5), F.S. 41 Section 1002.395(5)(b), F.S. 42 Section 1002.395(5)(e), F.S. 43 Sections 220.11(2) and 220.63(2), F.S. 44 Section 624.509, F.S. (Different tax rates apply to wet mar ine and transportation insurance, self-insurance, and annuity premiums.) 159 BILL: CS/SB 102 Page 12 insurance premium taxes. New sections are created in each of the applicable tax chapters to create the credit. The annual tax credit cap for all credits under the program is $100 million. The FHFC must expend all of the contributions received under the Live Local Program for the SAIL program. From the amount received, the FHFC may use up to $25 million to provide loans for the construction of large-scale projects of significant regional impact. These projects must include a substantial civic, educational, or health care component, and may incorporate commercial use. Such a loan must be made in accordance with the practices and policies of the SAIL program, through a competitive application process, and must not exceed 25 percent of the development’s total costs. The FHFC must find that such a loan provides a unique opportunity for investment alongside local government participation that enables the creation of a significant amount of affordable and workforce housing. Application and Approval of Tax Credits by the DOR Taxpayers that wish to participate in the program by making a donation to the initiative must apply to the DOR beginning October 1, 2023, for an allocation of tax credit. The taxpayer must specify in the application each tax for which the taxpayer requests a credit, the applicable taxable year for a credit under s. 220.1878 (regarding corporate income tax and created by section 21) or s. 624.51058, F.S. (regarding insurance premium taxes and created by section 41). The DOR is required to approve the tax credits on a first-come, first-served basis. Any unused credit may be carried forward up to ten taxable years. The bill generally does not allow a taxpayer to convey, transfer, or assign the credit to another entity unless all of the assets of the taxpayer are conveyed, transferred, or assigned in the same transaction. Upon approval of the DOR, transfers may be made between members of an affiliated group of corporations if the credit transferred will be taken against the same type of tax. Credits earned under this program are to be accounted for in calculating the underpayment of estimated corporate income taxes, as well as associated penalties and interest. A taxpayer may apply to the DOR to rescind all or part of an approved tax credit. The amount rescinded becomes available for that state fiscal year to another eligible taxpayer as approved by the DOR if the taxpayer receives notice that the rescindment has been accepted. The bill allows the DOR and the FHFC to share information and develop a cooperative agreement to assist in the administration of the program, and the DOR is further authorized to adopt rules. Additionally, the bill requires the DOR, by August 15, 2023, and each year thereafter, to determine the 500 taxpayers with the greatest total corporate income or franchise tax liability and notify those taxpayers of the existence of the Live Local Program and the process to participate. Section 13 amends s. 213.053, F.S., to direct the DOR to make available to the FHFC information for the purpose of administering the Live Local program. 160 BILL: CS/SB 102 Page 13 Present Situation: SAIL Developments for Those in Foster Care or Those Aging out of Foster Care Current law provides that the FHFC may prioritize a portion of SAIL funding set aside for persons with special needs to provide funding for the development of newly constructed permanent rental housing on a campus that provides housing for persons in foster care or persons aging out of foster care.45 This housing must promote and facilitate access to community-based supportive, educational, and employment services and resources that assist persons aging out of foster care to successfully transition to independent living and adulthood. Effect of Proposed Changes: Section 31 amends s. 420.5087(10), F.S., to remove the requirement that the prioritized developments for persons in foster care or aging out of foster care be “on a campus” that provides housing for such persons, in order to add flexibility to the types of developments the FHFC can fund. Present Situation: State Housing Initiatives Partnership (SHIP) Program The SHIP Program was created in 199246 to provide funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The SHIP program provides funds to all 67 counties and 52 Community Development Block Grant47 entitlement cities on a population-based formula to finance and preserve affordable housing based on locally adopted housing plans.48 The program was designed to serve very-low, low-, and moderate-income families and is administered by the FHFC. SHIP funds may be used to pay for emergency repairs, rehabilitation, down payment and closing cost assistance, impact fees, construction and gap financing, mortgage buydowns, acquisition of property for affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling.49 Funds are expended per each local government’s adopted Local Housing Assistance Plan (LHAP), which details the housing strategies it will use.50 Local governments submit their LHAPs to the FHFC for review to ensure that they meet the broad statutory guidelines and the requirements of the program rules. The FHFC must approve an LHAP before a local government may receive the SHIP funding. 45 Section 420.5087(10), F.S. 46 Chapter 92-317, Laws of Fla. 47 The CDBG program is a federal program created in 1974 that provides funding for housing and community development activities. 48 See ss. 420.907-420.9089, F.S. 49 Section 420.072(7), F.S. 50 Section 420.9075, F.S. Section 420.9075(3), F.S., outlines a list of strategies LHAPs are encouraged to employ, such as helping those affected by mobile home park closures, encouraging innovative housing design to reduce long -term housing costs, preserving assisted housing, and reducing home lessness. 161 BILL: CS/SB 102 Page 14 Certain statutory requirements restrict a local government’s use of funds made available under the SHIP program (excluding amounts set aside for administrative costs):  At least 75 percent of SHIP funds must be reserved for construction, rehabilitation, or emergency repair of affordable, eligible housing;51 and  Up to 25 percent of SHIP funds may be reserved for allowed rental services.52 Within those distributions by local governments, additional requirements must be met:  At least 65 percent of SHIP funds must be reserved for home ownership for eligible persons;53  At least 20 percent of SHIP funds must serve persons with special needs;54  Up to 20 percent of SHIP funds may be used for manufactured housing;55 and  At least 30 percent of SHIP funds must be used for awards to very-low-income persons or eligible sponsors serving very-low-income persons, and another 30 percent must be used for awards for low-income-persons or eligible sponsors serving low-income persons.56 Florida Housing Finance Corporation Homeownership Programs The FHFC’s primary function is administering a variety of programs to assist in the development and rehabilitation of affordable housing stock, provide low interest loans for first-time homebuyers, provide down payment assistance and reduce closing costs, and assist in the housing side of disaster recovery. The following programs focus primarily on aiding first-time homebuyers into stable homeownership by reducing mortgage payments and onerous one-time costs associated with purchasing a home. Homebuyer Loan Programs The FHFC’s homebuyer loan programs offer 30-year fixed-rate first mortgage loans originated by a network of participating lenders throughout Florida. The programs are offered to eligible first time homebuyers57 who meet income, purchase price and other program criteria; can qualify for a loan; and successfully complete a homebuyer education course.58 Borrowers who qualify 51 Section 420.9075(5)(c), F.S. 52 Section 420.9075(5)(b), F.S. However, a local government may not expend money distributed to it to provide ongoing rent subsidies, except for: security and utility deposit assistance; eviction prevention not to ex ceed six months’ rent; or a rent subsidy program for very-low-income households with at least one adult who is a person with special needs or is homeless, not to exceed 12 months’ rental assistance. 53 Section 420.9075(5)(a), F.S. “Eligible person” or “eligible household” means one or more natural persons or a family determined by the county or eligible municipality to be of very low income, low income, or moderate income based upon the annual gross income of the household. 54 Section 420.9075(5)(d), F.S. 55 Section 420.9075(5)(e), F.S. 56 Section 420.9075(5)(g)2., F.S. 57 The IRS definition of “first-time homebuyer,” generally accepted by Florida agencies and corporations, is a person who has not owned and occupied their primary residence for the past three years. See Homebuyer Overview, FHFC, available at https://www.floridahousing.org/programs/homebuyer -overview-page (last visited December 15, 2021). 58 FHFC funds homebuyer loans through various transaction types, including (a) the specified pool market, (2) tax -exempt bonds, and (3) forward delivery/To Be Announced (TBA) market. 162 BILL: CS/SB 102 Page 15 for a first mortgage program may access one of the FHFC’s down payment assistance (DPA) programs.59 Down Payment Assistance The FHFC administers multiple DPA programs available to first time homebuyers utilizing a FHFC first mortgage loan product. DPA is typically offered as a low- or zero-rate loan, in the form of a second mortgage,60 to secure funding for down payments, closing costs, mortgage insurance premiums, or principal reduction to the first mortgage.61 FHFC DPA programs are funded from a mix of sources including documentary stamp tax revenue, special legislative appropriation, and FHFC program income, which is primarily returned loan money. The various programs differ in terms of eligibility, ranging up to 120 percent AMI, requirements, such as also having been approved for a first mortgage through the FHFC, and terms, some including forgivable loans. Hometown Heroes Program In 2022, pursuant to the 2022 General Appropriations Act,62 the FHFC created the Hometown Heroes Program, a new homeownership assistance program.63 Under the program, eligible purchasers have access to 0-interest rate loans to reduce the amount of down payment and closing costs from $10,000 to a maximum of 5 percent or $25,000, whichever is less. Loans must be repaid when the property is sold, refinanced, rented, or transferred unless otherwise approved by the FHFC. Such loans are available to those first-time homebuyers seeking first mortgages whose family incomes do not exceed 150 percent of the state or local AMI, whichever is greater, and are employed in certain necessary professions such as law enforcement officers, educators, healthcare professionals, and active military or veterans (combining the previous Salute our Soldiers Program).64 The requirement to be a first-time homebuyer does not apply to those qualifying as servicemembers or veterans. The FHFC was appropriated $100 million in 2022 to establish the Hometown Heroes Program.65 As of February 17, 2023, the program has provided over $58 million in assistance in 3,990 loans. 59 See Florida Housing Finance Corporation, 2020 Annual Report, p. 13, available at https://www.floridahousing.org/data- docs-reports/annual-reports (last visited November 30, 2021). 60 A second mortgage is a subordinate mortgage made while the original is still in effect. 61 Only one FHFC DPA program can be used by a borrower. 62 HB 5001, specific appropriation 2289 (2022 Reg. Session). 63 Florida Housing Finance Corporation, Florida Hometown Heroes Housing Program, available at https://www.floridahousing.org/programs/homebuyer -overview-page/hometown-heroes (last visited January 10, 2023). 64 See Eligible Occupations for FL Hometown Heroes Loan Program, available at https://www.floridahousing.org/docs/default-source/programs/homebuyers/hometown-heroes/eligible- occupations.pdf?sfvrsn=238ff57b_6 (last visited February 4, 2023). 65 Supra note 62. 163 BILL: CS/SB 102 Page 16 Effect of Proposed Changes: Section 35 creates s. 420.5096, F.S., to codify the Florida Hometown Heroes Program. The program created by the bill will operate as the current Hometown Heroes program with the following differences:  Eligibility remains based on income being at or below 150 percent AMI and one’s ability to qualify for a first mortgage, however the occupation qualifiers that currently apply to the Hometown Heroes program are omitted. A prospective borrower must be a Florida resident and employed full-time (35 hours or more per week) by a Florida-based employer.  The maximum amount available per loan is raised from $25,000 to $35,000, while the cap of 5 percent of purchase price is maintained.  The bill specifies that loans made under this program may be used for the purchase of manufactured homes, as defined by s. 320.01(2)(b), that were constructed after August 1, 1994, and are titled as either real or tangible personal property. Present Situation: Additional Provisions Related to the Florida Housing Finance Corporation Legislative Budget Request As SAIL funding can be used in several ways (for example new unit production, rehabilitation, and maintenance of affordable units), and is often utilized to draw down federal funding from tax credits and grant funds, the effects of SAIL funding are variable on a per-dollar basis. The amount of funding needed annually to maximize state and local funding toward the production of new affordable units is calculable by analyzing the various sources and matching state funding with federal funding. The FHFC prepares and submits an annual legislative budget request to the Secretary of the DEO containing a request for operational expenditures and a separate request for other authorized corporation programs.66 Effect of Proposed Changes: Section 29 amends s. 420.507(30), F.S., to require that the FHFC legislative budget requests include, for informational purposes, the amount of state funds necessary to fully utilize all federal housing funds in the fiscal year to maximize the production of new, affordable multifamily housing units. Section 30 provides that this provision expires July 1, 2033, unless otherwise acted upon by the Legislature. 66 Section 420.507(30), F.S. 164 BILL: CS/SB 102 Page 17 Present Situation: Qualified Contracts Of the affordable housing financing options provided by the federal government, Low Income Housing Tax Credits (LIHTC)67 are among the most commonly used. When a property is financed using LIHTC the federal government typically requires the property be utilized for affordable housing for at least 30 years.68 This time period is divided into the first 15 years, the “initial compliance period,” and the rest, an “extended use period.” After 14 years the owner of an affordable housing development may request that the FHFC seek a purchaser who will continue to operate the affordable portions of the development as affordable housing, what’s referred to as the “qualified contract process.” Many developments, particularly those who receive the most lucrative LIHTC, waive the right to enter this process, and must remain affordable housing for the duration of the agreed upon time. After a developer requests a qualified contract, if the FHFC is unable to present a buyer during the subsequent 1- year period the extended use period of the property as affordable housing will end, and the property can be utilized for market-rate housing.69 This “qualified contract process” relies on the FHFC marketing the property and returning to the owner with a “bona fide contract,” showing that they have found a buyer in order to maintain the affordable housing requirement. The price for the affordable housing portion of the sale is set according to a formula designed to give the owner an inflation adjusted return on its original equity contribution.70 The bona fide contract, as provided by administrative rule is: …a contract for sale signed by the purchaser, which states that acceptance of the contract is contingent upon approval by the Corporation, and must provide for an initial earnest money deposit (the initial deposit) from the purchaser in the minimum amount of $50,000 and obligate the purchaser to make a second earnest money deposit (the second deposit) (the initial and second deposits shall be refundable in the event of the seller’s failure to deliver insurable title or in the event of seller’s default, otherwise the deposits shall be non-refundable) equal to three (3) percent of the qualified contract price.71 If the FHFC is able to procure a purchaser and present the owner with such a bona fide contract within the one year period, regardless of whether the owner accepts, rejects, or fails to act upon the contract, the property will continue to be subject to its extended use agreement as affordable housing.72 If the owner accepts the offer, the property will be sold to the purchaser. If the owner 67 Low Income Housing Tax Credits are provided by the federal government to rental housing developers in exchange for a commitment to provide affordable rents and are usually so ld to investors to raise project equity. The LIHTC program is governed by the U.S. Department of Treasury and Florida’s allocation is administered by Florida Housing. Under the LIHTC program, successful applicants are provided with a dollar-for-dollar reduction in federal tax liability in exchange for the development or rehabilitation of units to be occupied by very low- and low-income households. 68 Internal Revenue Code Section 42(h)(6)(A). 69 Internal Revenue Code Section 42(h)(6)(E)(i)(II). 70 Internal Revenue Code Section 42(h)(6)(F). 71 Fla. Admin. Code R. 67-48.031. 72 Fla. Admin. Code R. 67-48.031(11). 165 BILL: CS/SB 102 Page 18 rejects the offer or fails to act upon the offer, the owner will continue to be subject to the extended use agreement and cannot submit another qualified contract request for the development. In 2022, the Legislature codified certain definitions and procedures related to the qualified contract process. In doing so, the moment when a bona fide contract becomes a qualified contract shifted from when the purchaser makes the first deposit to when the second earnest money deposit is made.73 However, under the scenario where the seller refuses to sell after being presented a bona fide offer the second deposit will never be made, making this definition unworkable. Effect of Proposed Changes: Section 27 amends s. 420.503(36), F.S., to provide that the FHFC shall deem a bona fide contract to be a qualified contract at the time the bona fide contract is presented to the owner and the initial earnest money deposit is deposited in escrow, as opposed to when the second deposit is made. Present Situation: Florida Housing Finance Corporation Structure and Board of Directors The FHFC is a public corporation created within the DEO as a separate budget entity not subject to control, supervision, or direction by the DEO.74 The FHFC consists of a board of directors composed of the Secretary of the DEO as an ex officio and voting member, or a senior-level agency employee designated by the secretary, and eight members appointed by the Governor subject to confirmation by the Senate from the following: (a) One citizen actively engaged in the residential home building industry. (b) One citizen actively engaged in the banking or mortgage banking industry. (c) One citizen who is a representative of those areas of labor engaged in home building. (d) One citizen with experience in housing development who is an advocate for low- income persons. (e) One citizen actively engaged in the commercial building industry. (f) One citizen who is a former local government elected official. (g) Two citizens of the state who are not principally employed as members or representatives of any of the groups specified in paragraphs (a)-(f).75 Members are appointed for four-year terms and vacancies are filled for the unexpired term.76 The Governor may suspend a member for cause, including failure to attend 3 meetings in a 12-month period, and suspended members are subject to removal or reinstatement by the Senate.77 Members receive no compensation for services, are entitled to necessary expenses, and must file full and public disclosure of financial interests.78 73 Chapter 2022-194, s. 1, Laws of Fla. 74 Section 420.504, F.S. 75 Section 420.504(3), F.S. 76 Section 420.504(4), F.S. 77 Id. 78 Section 420.504(6), (7), F.S. 166 BILL: CS/SB 102 Page 19 Effect of Proposed Changes: Section 28 amends s. 420.504, F.S., to provide that the board will include two additional members, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives. Additionally, vacancies shall be filled by the party who made the original member’s appointment. Present Situation: State Housing Strategy Act The State Housing Strategy Act, located in Part I, of ch. 420, F.S., was created by the Legislature in 1992 to guarantee adequate affordable housing for Florida residents.79 The State Housing Strategy posits the goal of assuring that by the year 2010 each Floridian shall have decent and affordable housing. “Policies,” guidelines for state agencies and programs to follow, are divided into sections: housing need, public-private partnerships, preservation of housing stock, public housing, and housing production or rehabilitation programs. This forward-looking and optimistic set of ideas and strategies has not been amended in 30 years. The State Housing Strategy Act also includes certain provisions implementing state programs in the pursuit of goals outlined. For example, the DEO and the FHFC annually coordinate with the Shimberg Center for Housing Studies at the University of Florida80 to develop and maintain statewide data on affordable housing needs for specific populations.81 These studies are then used to review and evaluate existing affordable housing accommodations to ensure that they are consistent with current need assessments and to recommend any improvements or plan modifications.82 Effect of Proposed Changes: Section 26 amends s. 420.003, F.S., to substantially revise and reword the State Housing Strategy, maintaining the goal of assuring that each Floridian has safe, decent, and affordable housing. The bill retains strategies requiring local buy-in to state-funded developments, interlocal coordination, and cost-effective public-private partnerships, while adding language emphasizing the need to avoid sprawl to minimize separation of housing and employment as well as ecological impact. The State Housing Strategy is separated into the following three categories. Legislative Intent This section states that it is the intent of the act to articulate a strategy to carry the state toward assuring that each Floridian has safe, decent, and affordable housing. The strategy must involve 79 Section 420.0003, F.S. 80 The Shimberg Center for Housing Studies was established at the University of Florida in 1988 to “facilitate safe, decent and affordable housing throughout the state of Florida” and was named after Jim Shimberg Sr., a Tampa homebu ilder dedicated to affordable housing. The Center’s Florida Housing Data Clearinghouse provides public information on Florida housing needs, programs and demographics. For more information visit: http://www.shimberg.ufl.edu/aboutUs2.html (last visited on Feb. 19, 2023). 81 Section 420.0003(4)(c), F.S. 82Id. 167 BILL: CS/SB 102 Page 20 state and local governments working in partnership with communities and the private sector, and must encompass both financial and regulatory commitment. Policies  Housing Production and Rehabilitation Programs, which enumerates state programs; emphasizes the need to leverage state funds efficiently; and highlights innovative solutions such as utilizing publically held land, community-led planning such as urban infill; maximizing efficiency through promotion of high-density and mixed-use developments; and modern housing concepts such as manufactured or 3D-printed homes.  Public Private Partnerships, which emphasizes the need for cost effective, data driven cooperative efforts.  Preservation of Housing Stock, which calls for the preservation of existing stock through rehabilitation programs and neighborhood revitalization efforts.  Unique Housing Needs, which covers the wide range of need for safe, decent, and affordable housing among the various groups of citizens most in need, including those with disabilities and the elderly. Implementation This section, largely maintained from the original State Housing Strategy, incorporates the FHFC and the Shimberg Center for Housing Studies into the state housing strategy. Further, the bill adds a series of studies required to be conducted by OPPAGA. The reports will be conducted on a rotating basis and include studying:  Innovative affordable housing strategies implemented by other states, their effectiveness, and the potential for implementation in Florida;  Affordable housing policies enacted by local governments, including interlocal cooperation; and  Existing state-level housing rehabilitation, production, preservation, and finance programs to determine their consistency with the goals of the state housing strategy, and recommendations for improved program linkages. Present Situation: State-Owned Lands Land Use Plans All lands held by the Board of Trustees of the Internal Improvement Trust Fund83 (board) are required to be held in trust for the use and benefit of the people of the state.84 Each manager of nonconservation lands85 is required to submit to the division a land use plan at least every 10 years in a form and manner prescribed by rule by the board.86 All land use plans, whether for single-use or multiple-use properties, must include an analysis of the property to determine the 83 Consisting of the Governor, as the chair, the Chief Financial Officer, the Attorney General, and the Commissioner of Agriculture. FLA. CONST. art. IV, s. 4. 84 Section 253.001, F.S. 85 “Conservation lands” include those held for conservation, recreation, historic preservation, and other uses. Section 253.034(2)(c), F.S. All other lands held by the state, such as those used for government functions, are nonconservation lands . 86 Section 253.034(5), F.S. 168 BILL: CS/SB 102 Page 21 potential use of private land managers to facilitate the restoration or management of these lands.87 Effect of Proposed Changes: Section 23 amends s. 253.034(5), F.S., to provide that a land use plan submitted for nonconservation lands must include an analysis of whether such lands would be more appropriately transferred to a local government for affordable housing related purposes. Present Situation: Surplus Lands The board determines which lands it holds title to may be surplused.88 Conservation lands may only be surplused if the board, by an affirmative vote of at least two-thirds, determines that the lands are no longer needed for conservation purposes.89 The board may dispose of all other lands if the board, by an affirmative vote of at least three members, determines whether the lands are no longer needed.90 If the board determines that nonconservation lands are no longer needed, it made dispose of such surplus lands by vote.91 Requests for surplusing lands may be made by any public or private entity or person.92 County or local government requests for surplus lands through purchase or exchange are expedited throughout the surplusing process.93 The board is required to consider such requests within 90 days of the board’s receipt of the request.94 Surplus lands conveyed to a local government for affordable housing must be disposed of by the local government pursuant to s. 125.379, F.S., or s. 166.0451, F.S., discussed in further detail below. Effect of Proposed Changes: Section 24 amends s. 253.0341(1), F.S., to clarify that local government requests for surplus lands are expedited throughout the process regardless of the means of transfer, to include donation. Present Situation: Job Growth Grant Fund The Florida Job Growth Grant Fund, created by the legislature in 2017, is an economic development program within the DEO designed to promote public infrastructure and workforce training across the state.95 Eligible projects include state or local public infrastructure projects to promote economic recovery, rehabilitation of the Herbert Hoover Dike, and workforce training 87 Id. 88 Section 253.0341, F.S. 89 FLA. CONST. art. X, s. 18. 90 Section 253.0341, F.S. 91 Section 253.0341(1), F.S. 92 Section 253.0341(11), F.S. 93 Section 253.0341(1), F.S. 94 Section 253.0341(10), F.S. 95 Section 288.101, F.S. 169 BILL: CS/SB 102 Page 22 grants that support college and technical center workforce skills programs. Proposals are reviewed by the DEO, the Department of Transportation, and Enterprise Florida, Inc., and chosen by the Governor to meet the demand for workforce or infrastructure needs in the community they are awarded to.96 Contracts for projects approved by the Governor and funded pursuant to this program must be administered by the DEO.97 Effect of Proposed Changes: Section 25 amends s. 288.101(2), F.S., to provide that public infrastructure projects that support affordable housing are an authorized use of Job Growth Grant Fund funding. This provision sunsets 2033. Present Situation: Community Contribution Tax Credit Program In 1980, the Legislature established the Community Contribution Tax Credit Program (CCTCP) to encourage private sector participation in community revitalization and housing projects.98 Broadly, the CCTCP offers tax credits to businesses or persons (“taxpayers”) anywhere in Florida that contribute99 to certain projects undertaken by approved CCTCP sponsors.100 Eligible projects include activities undertaken by an eligible sponsor that are designed to accomplish one of the following purposes:  To construct, improve, or substantially rehabilitate housing that is affordable to low-income households or very-low-income households as those terms are defined in s. 420.9071;  To provide commercial, industrial, or public resources and facilities; or  To improve entrepreneurial and job-development opportunities for low-income persons.101 The DEO administers the CCTCP, and its responsibilities include reviewing sponsor project proposals and tax credit applications, periodically monitoring projects, and marketing the CCTCP in consultation with the FHFC and other statewide and regional housing and financial intermediaries.102 Once approved by the DEO, the taxpayer must claim the community contribution tax credit from the DOR. The credit is calculated as 50 percent of the taxpayer’s annual contribution, but a taxpayer may not receive more than $200,000 in credits in any one year.103 The taxpayer may use the credit against corporate income tax, insurance premiums tax, or as a refund against sales tax.104 Unused 96 Section 288.101(2), F.S. 97 Section 288.101(4), F.S. 98 Chapter 80-249, Laws of Fla. The CCTCP is one of the state incentives available under the Florida Enterprise Zone Act, which was partially repealed on December 31, 2015. 99 Sections 212.08(5)(p)2.a., 220.183(2)(a), and 624.5105(5)(a), F.S., require community contributions to be in the form of cash or other liquid assets, real property, goods or inventory, or other physical resources. 100 Sections 212.08(5)(p); 220.183; and 624.5105, F.S. 101 Sections 212.08(5)(p)2.b.; 220.183(2)(d); 624.5105(2)(b); and 220.03(1)(t), F.S. 102 Sections 212.08(5)(p)4.; 220.183(4); and 624.5105(4), F.S. 103 Sections 212.08(5)(p)1.; 220.183 (1)(a) and (b); and 624.5105(1), F.S. 104 Sections 212.08(5)(p); 220.183; and 624.5105, F.S. 170 BILL: CS/SB 102 Page 23 credits against corporate income taxes and insurance premium taxes may be carried forward for five years.105 Unused credits against sales taxes may be carried forward for three years.106 The DOR may approve $14.5 million in annual funding for projects that provide homeownership opportunities for low-income and very-low-income households or housing opportunities for persons with special needs and $4.5 million for all other projects. “Persons with special needs” is defined in current statute to include adults requiring independent living services, young adults formerly in foster care, survivors of domestic violence, and people receiving Social Security Disability Insurance, Supplemental Security Income, or veterans’ disability benefits.107 The Legislature extended the CCTCP in 1984, 1994, 2005, 2014, and 2015,108 and made the program permanent in 2017.109 It has also amended the annual tax credit allocation of the CCTCP on numerous occasions.110 Each time the allocation has been increased, the number of projects has increased to match the larger allocation. Effect of Proposed Changes: Sections 12 and 19 amend ss. 212.08 and 220.183, F.S., respectively, to provide that for the 2023-2024 fiscal year $25 million, rather than $14.5 million, is the total amount of tax credits which may be granted for projects that provide homeownership opportunities for low- and very- low income households or housing opportunities for persons with special needs. Present Situation: Local Governments and Affordable Housing Development Consistency with Comprehensive Plans All development, both public and private, and all development orders111 approved by local governments must be consistent with the local government’s comprehensive plan.112 The Growth Management Act requires every city and county to create and implement a comprehensive plan to guide future development.113 A comprehensive plan is intended to provide for the future use of land, which contemplates a gradual and ordered growth, and establishes a long-range maximum limit on the possible intensity of land use. A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water and sewer facilities, neighborhoods, parks, schools, and commercial and industrial developments. A comprehensive plan is made up of 10 required elements, each laying out 105 Sections 220.183(1)(e) and (g); and 624.5105, F.S. 106 Sections 212.08(5)(p)1.b. and f., F.S. 107 Section 420.0004(13), F.S. 108 Chapters 84-356, 94-136, 2005-282, 2014-38, and 2015-221, Laws of Fla. 109 Chapter 2017-36, Laws of Fla. 110 Chapters 94-136, 98-219, 99-265, 2005-282, 2006-78, 2008-153, 2015-221, and 2017-36, Laws of Fla. 111 “Development order” means any order granting, denying, or granting with conditions an appli cation for a development permit. See s. 163.3164(15), F.S. “Development permit” includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. See s. 163.3164(16), F.S. 112 Section 163.3194(3), F.S 113 Section 163.3167(2), F.S. 171 BILL: CS/SB 102 Page 24 regulations for a different facet of development.114 Most relevant among them as it pertains to the bill are the Future Land Use Element and the Housing Element.  The Future Land Use Element designates proposed future general distribution, location, and extent of the uses of land. Specified use designations include those for residential, commercial, industry, agriculture, recreation, conservation, education, and public facilities.115 The approximate acreage and the general range of density or intensity of use must be provided for each land use category.116  The Housing Element sets forth guidelines and strategies for the creation and preservation of affordable housing for all current and anticipated future residents of the jurisdiction, elimination of substandard housing conditions, provision of adequate sites for future housing, and distribution of housing for a range of incomes and types.117 A comprehensive plan is implemented through the adoption of land development regulations118 that are consistent with the plan, and which contain specific and detailed provisions necessary to implement the plan.119 Such regulations must, among other prescriptions, regulate the subdivision of land and the use of land for the land use categories in the land use element of the comprehensive plan.120 Substantially affected persons have the right to maintain administrative actions which assure that land development regulations implement and are consistent with the comprehensive plan.121 Development that does not conform to the comprehensive plan may not be approved by a local government unless the local government amends its comprehensive plan first. State law requires a proposed comprehensive plan amendment to receive two public hearings, the first held by the local planning board, and subsequently by the governing board.122 Following the hearings they must transmit the plan to several statutorily identified reviewing agencies, including the DEO for review.123 Most plan amendments are placed into the Expedited State Review Process, while plan amendments relating to large-scale developments are placed into the State Coordinated Review Process.124 114 Section 163.3177(6), F.S. The 10 required elements include capital improvements; future land use plan; transportation; general sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge; conservation; recreation and open space; housing; coastal management; intergovernmental coordination; and property rights. Throughout statutes exist plans and programs that may be added as optional elements. 115 Section 163.3177(6)(a), F.S. 116 Section 163.3177(6)(a), F.S. 117 Section 163.3177(6)(f), F.S. 118 “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213. See s. 163.3164(26), F.S. 119 Section 163.3202, F.S. 120 Id. 121 Section 163.3213, F.S. 122 Sections 163.3174(4)(a) and 163.3184, F.S. 123 Section 163.3184, F.S. 124 See ss. 163.3184 and 380.06, F.S. In the Expedited State Review Process, DEO reviews and approves or amends the proposed comprehensive plan amendment. This process can take 4 to 6 months. The State Coordinated Review Process is a more thorough, complex, multi-phase process. For more information, see Florida Department of Economic Opportunity, Amendments that Must Follow the State Coordinated Review Process; Procedures and Timefra mes, available at 172 BILL: CS/SB 102 Page 25 Zoning Regulations A comprehensive plan’s Future Land Use Element establishes a range of allowable uses and densities and intensities over large areas, and the specific use and intensities for specific parcels within that range are decided by a more detailed, implementing zoning map.125 Zoning maps and zoning districts are adopted by a local government for developments within each land use category or sub-category. While land uses are general in nature, one or more zoning districts may apply within each land use designation.126 Common regulations within the zoning map districts include density,127 height and bulk of buildings, setbacks, and parking requirements.128 Regulations for a zoning category in a downtown area may allow for more density and height than allowed in a suburb, for instance. If a developer or landowner believes that a proposed development may have merit but it does not meet the requirements of a zoning map in a jurisdiction, the developer or landowner can seek a rezoning through a rezoning application which is reviewed by the local government and voted on by the governing body.129 If a property has unique circumstances or small nonconformities but otherwise meets zoning regulations, local governments may ease restrictions on certain regulations such as building size or setback through an application for a variance.130 However, any action to rezone or grant a variance must be consistent with the local government’s comprehensive plan. Ordinances or resolutions that change the actual list of permitted, conditional, or prohibited uses within a zoning category or ordinances or resolutions initiated by the local government that change the actual zoning map designation of a parcel or parcels of land must follow additional enhanced notice requirements.131  If the area affected is less than 10 acres, the local government is required to notify by mail each property owner and hold a public meeting to discuss the ordinance or resolution before passage.132 https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-contents/amendments- that-must-follow-the-state-coordinated-review-process-procedures-and-timeframes (last visited Dec. 27, 2022). 125 Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J. Envtl. L. & Litig. 129, 154 (2019) citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993). 126 Indian River County, General Zoning Questions, available at https://www.ircgov.com/communitydevelopment/planning/FAQ.htm#zoning1 (last visited Jan. 20, 2023) 127 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as residents or employees per acre. See s. 163.3164(12), F.S. 128 Supra note 126. 129 City of Tallahassee, Application For Rezoning Review, available at https://www.talgov.com/Uploads/Public/Documents/place/zoning/cityrezinfsh.pdf (last visited Jan. 20, 2023) 130 City of Tallahassee, Variance and Appeals, available at https://www.talgov.com/Uploads/Public/Documents/growth/forms/boaa_variance.pdf (last visited Jan. 20, 2023) and Seminole County, Variance Processes available at https://www.seminolecountyfl.gov/departments-services/development- services/planning-development/boards/board-of-adjustment/variance-process-requirements.stml (last visited Jan. 20, 2023) 131 See sections 125.66(4) and 166.041(3), F.S. 132 Id. 173 BILL: CS/SB 102 Page 26  If the area affected is 10 acres or greater the local government must hold two separate meetings at which to discuss the changes, and notice the public through either mail to each property owner or to the public generally by newspaper.133 Effect of Proposed Changes: Section 3, in part, amends s. 125.01055, F.S., to preempt counties on zoning, density, and height for certain multi-family rental developments in commercial and mixed-use areas. Specifically, a county must authorize multifamily and mixed-use residential134 as allowable uses in any area zoned for commercial or mixed-use if at least 40 percent of the units will be affordable for at least 30 years and serve incomes up to 120% AMI. A county may not require a zoning, land use change, or a comprehensive plan amendment for the building height, zoning, and densities authorized in this bill. A county may not restrict the density of such development below the highest allowed density on any unincorporated land in the county where residential development is allowed. Additionally, a county may not restrict the height of such development below the highest allowed height for a commercial or residential development in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher. An application for such development must be administratively approved and no further action is required from the board of county commissioners if the development satisfies the county’s land development regulations for multifamily in areas zoned for such use and is otherwise consistent with the jurisdiction’s comprehensive plan. A county must consider reducing parking requirements for these developments if they are located within one-half mile of a major transit stop. These provisions expire on October 1, 2033. The bill also makes a technical change, correcting an internal cross-reference in subsection (5). Section 5 amends s. 166.04151, F.S., to make identical changes in section 3, as applied to municipalities. Present Situation: Expedited Development Projects for Affordable Housing In 2019, the Legislature enacted a provision to authorize counties and municipalities to approve the development of housing that is affordable on any parcel zoned for residential, commercial, or industrial use, regardless of any state or local law or regulation that would otherwise preclude such development.135 At least 10 percent of the units in a project on a commercial or industrial parcel must be affordable and the developer of the project must agree to not seek funding from the FHFC’s SAIL program.136 133 Id. 134 At least 65 percent of the total square footage must be used for residential purposes. 135 Sections 125.01055(6) and 166.04151(6), F.S. 136 Id. 174 BILL: CS/SB 102 Page 27 This provision allows local governments to expedite the development of affordable housing by allowing locals to bypass state law and their comprehensive plans and zoning regulations that would otherwise preclude or delay such development. Effect of Proposed Changes: Section 3, in part, amends s. 125.01055(6), F.S., to remove a county’s ability to approve affordable housing on residential parcels by bypassing state and local laws that may otherwise preclude such development. The bill also removes the SAIL restriction to allow SAIL developments to utilize this expedited approval process on commercial and industrial parcels. Section 5 amends s. 166.04151, F.S., to make identical changes in section 3, as applied to municipalities. Present Situation: Local Government-owned Property Since 2006 counties and cities have been required to prepare an inventory of publically owned real property that would be appropriate for use as affordable housing, and update the inventory every three years.137 The list must include the address and legal description of each such real property, specifying whether it is vacant or improved. The list must be reviewed and adopted by resolution at public hearing. Properties identified as appropriate for use as affordable housing may be:  Sold and the proceeds used to purchase land for the development of affordable housing;  Sold with a restriction that requires the development of permanent affordable housing on the land;  Donated to a nonprofit housing organization for the construction of permanent affordable housing; or  Be otherwise made available for the use for the production and preservation of permanent affordable housing.138 Effect of Proposed Changes: Sections 4 and 7 amend ss. 125.379 and 166.0451, F.S., respectively, to provide that counties and cities must produce their real property inventory lists referenced above by October 1, 2023, and every three years thereafter, and make such list available on the county or city website. Counties and cities must also include real property owned by dependent special districts within their boundaries. The bill further adds that acceptable uses of property identified as appropriate for affordable housing include utilization through a long-term land lease requiring the development and maintenance of affordable housing. 137 Sections 125.379 and 166.0451, F.S. 138 Id. 175 BILL: CS/SB 102 Page 28 The bill includes certain best practices counties and cities are encouraged to adopt in creating surplus land programs, including:  Establishing eligibility criteria for the receipt or purchase of surplus land by developers;  Making the process for requesting surplus lands publicly available; and  Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase property that would otherwise be sold or offered at market rate. Additionally, Section 36 amends s. 420.531, F.S., to expressly authorize the FHFC to contract with the Florida Housing Coalition, Florida’s provider for statewide training and technical assistance funded by the Catalyst Program,139 to provide assistance to local governments related to surplus lands programs and executing contracts related to bidding for affordable housing projects and land-lease developments. Present Situation: Expedited Building Permits It is the intent of the Legislature that local governments have the power to inspect all buildings, structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare.140 Every local government must enforce the Florida Building Code and issue building permits.141 It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without first obtaining a permit from the local government enforcing agency or from such persons as may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set forth in a schedule of fees adopted by the enforcing agency.142 Any construction work that requires a building permit also requires plans and inspections to ensure the work complies with the building code. The building code requires certain building, electrical, plumbing, mechanical, and gas inspections.143 Construction work may not be done beyond a certain point until it passes an inspection. Current law provides a set of deadlines for ordinary processing of a building permit, chief among them that a local government must approve, approve with conditions, or deny an application for a building permit within 120 days following receipt of a completed application.144 Various laws require or encourage local governments to further expedite the permitting process in certain situations, including for those developments utilizing SAIL funding.145 These statutes largely leave the nature of such expediting to the local governments, resulting in varied experiences throughout the state. 139 Section 420.531, F.S. 140 Section 553.72, F.S. 141 Sections 125.01(1)(bb), 125.56(1), and 553.80(1), F.S. 142 Sections 125.56(4)(a), 553.79(1), F.S. 143 Section 110 Seventh edition of the Florida Building Code (Building). 144 Section 553.792(1)(a), F.S. 145 See sections 403.973(3), 420.5087(6)(c)8., and 553.80(6)(b)1., F.S. 176 BILL: CS/SB 102 Page 29 Effect of Proposed Changes: Section 38 amends s. 553.792, F.S., to require that a local government maintain on its website a policy containing procedures and expectations for expedited processing of those building permits and development orders required by law to be expedited. Present Situation: Rent Control Counties and municipalities are permitted to pass rent control ordinances under strict circumstances.146 Florida law provides that local governments may not impose price controls on rent unless the entity finds that such a price control would “eliminate an existing housing emergency which is so grave as to constitute a serious menace to the general public.”147 The measure enacting rent control, in addition to normal requirements for passing an ordinance, must expire in one year and must be approved by the voters in the locality.148 Effect of Proposed Changes: Sections 2 and 6 amend ss. 125.0103 and 166.043, F.S., respectively, to preempt local governments from enacting ordinances controlling the price of rent under any circumstances. Present Situation: Keys Workforce Housing Initiative The Florida Keys Area Protection Act149 provides, in part, that comprehensive plan amendments within the covered area, which includes the majority of Monroe County, must comply with “goals, objectives and policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24 hours.”150 Monroe County, applicable municipalities, and the DEO have agreed to use a multi-phase evacuation model and limit residential building permits going forward in order to comply with these standards.151 In response to need for affordable housing, the DEO developed, and the Administration Commission approved in 2018, the Keys Workforce Housing Initiative (“Initiative”), which provided for up to 1,300 building permit allocations for deed restricted affordable housing properties agreeing to evacuate at least 48 hours in advance of a hurricane landfall.152 146 Sections 125.0103 and 166.043, F.S. 147 Id. 148 Id. 149 Section 380.0552, F.S. 150 Id. at (9)(e)2. 151 See Mattino v. City of Marathon, 345 So.3d 939 (Fla. 3d DCA 2022), for detailed background on this section. 152 These residents would be part of the first evacuation phase, which under most circumstances evacuates in the 48 to 24 hour window before a hurricane. Florida Administration Commission, Exhibit b, Supporting Documentation for Agenda Item 2., Presentation of the Department of Economic Opportunity’s Keys Workforce Housing Initiative, available at https://www.myflorida.com/myflorida/cabinet/adcom/supportingdocs/20180613/item3b.pdf (last visited Feb. 24, 2023). 177 BILL: CS/SB 102 Page 30 In 2022, the Florida Third District Court of Appeal found that the Initiative’s conditional approval of those residential building permits did not successfully remove those residents from consideration of the 24-hour evacuation time constraint, and found the comprehensive plan amendments in certain jurisdictions that would have enabled development under the Initiative not in compliance with state law.153 Effect of Proposed Changes: Section 42 provides through chapter law that the Initiative is considered an exception to the evacuation time constraints of s. 380.0552(9)(a)2., F.S., by requiring that workforce housing properties receiving permits through the program agree to evacuate at least 48 hours in advance of hurricane landfall. The section provides that a comprehensive plan amendment approved by the Department of Economic Opportunity to implement the initiative is valid, and local governments may adopt ordinances and regulations to implement such a plan amendment. Present Situation: Ad Valorem Taxation The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school districts, and some special districts. The tax is based on the taxable value of property as of January 1 of each year.154 The property appraiser annually determines the “just value”155 of property within the taxing jurisdiction and then applies relevant exclusions, assessment limitations, and exemptions to determine the property’s “taxable value.”156 Tax bills are mailed in November of each year based on the previous January 1 valuation, and payment is due by March 31 of the following year. The Florida Constitution prohibits the state from levying ad valorem taxes,157 and it limits the Legislature’s authority to provide for property valuations at less than just value, unless expressly authorized.158 The just valuation standard generally requires the property appraiser to consider the highest and best use of property;159 however, the Florida Constitution authorizes certain types of property to be valued based on their current use (classified use assessments), which often results in lower assessments. Properties that receive classified use treatment in Florida include agricultural land, 153 Id. at 943-46. 154 Both real property and tangible personal property are subject to tax. Section 192.001(12), F.S., defines “real property” as land, buildings, fixtures, and all other improvements to land. Section 192.001(11)(d), F.S., defines “tangible personal property” as all goods, chattels, and other articles of value capable of manual possession and whose chief value is intrinsic to the article itself. 155 Property must be valued at “just value” for purposes of property taxation, unless the Florida Constitution provides otherwise. FLA. CONST. art VII, s. 4. Just value has been interpreted by the courts to mean the fair market value that a willing buyer would pay a willing seller for the property in an arm’s -length transaction. See Walter v. Shuler, 176 So. 2d 81 (Fla. 1965); Deltona Corp. v. Bailey, 336 So. 2d 1163 (Fla. 1976); Southern Bell Tel. & Tel. Co. v. Dade County, 275 So. 2d 4 (Fla. 1973). 156 See s. 192.001(2) and (16), F.S. 157 FLA. CONST. art. VII, s. 1(a). 158 See FLA. CONST. art. VII, s. 4. 159 Section 193.011(2), F.S. 178 BILL: CS/SB 102 Page 31 land producing high water recharge to Florida’s aquifers, and land used exclusively for noncommercial recreational purposes;160 land used for conservation purposes;161 historic properties when authorized by the county or municipality;162 and certain working waterfront property.163 Ad Valorem Exemption for Literary, Scientific, Religious, or Charitable Organizations The Florida Constitution allows the Legislature to exempt from ad valorem taxation portions of property that are used predominantly for educational, literary, scientific, religious or charitable purposes.164 The Legislature has implemented these exemptions and set forth criteria to determine whether property is entitled to an exemption.165 To determine whether a property’s use qualifies for an education, literary, scientific, religious, or charitable exemption, the property appraiser must consider the nature and extent of the qualifying activity compared to other activities or other uses of the property.166 Incidental use of property for an exempt purpose will not qualify the property for an exemption nor will the incidental use of the property for a non-exempt purpose impair an exemption.167, 168 Property claimed as exempt which is used for profitmaking purposes is not exempt and is subject to ad valorem taxation; however, the Legislature has allowed certain property to remain exempt even when used for profitmaking purposes when the use of the property does not require a business or occupational license and the revenue derived from the profitmaking activity is used wholly for exempt purposes.169 Ad Valorem Exemption for Charitable Purposes and Affordable Housing In 1999, the Legislature authorized a charitable use property tax exemption for property owned by a nonprofit corporation that provides affordable housing.170, 171 The exemption is limited to only those portions of the property that house persons or families whose income does not exceed 160 FLA. CONST. art. VII, s. 4(a). 161 FLA. CONST. art. VII, s. 4(b). 162 FLA. CONST. art. VII, s. 4(e). 163 FLA. CONST. art. VII, s. 4(j). 164 FLA. CONST. art. VII, s. 3(a). 165 Section 196.196, F.S. 166 Section 196.196(1), F.S. 167 Section 196.196(2), F.S. 168 Underhill v. Edwards, 400 So.2d 129, 132 (Fla. 5th DCA 1981). The district court found that trustees of a private not -for profit hospital were not entitled to an exemption on the new wing's first floor, which was used for a priv ate purpose and not for a charitable purpose or other exempt purpose, despite the fact that the portion of the hospital used for a non -exempt purpose represented only a very small percentage of the otherwise exempt property; see also Central Baptist Church of Miami, Florida Incorporated v. Dade County, Florida, et. al., 216 So.2d 4, 6 (Fla 1968). The Supreme Court found that “limited part time rental of a portion of the church lot for commercial parking on weekday business hours is reasonably incidental to the primary use of the church property as a whole for church or religious purposes and is not a sufficiently divergent commercial use that eliminates the exemption as to the commercial parking lot portion of the property.” 169 See section 196.196(4), F.S. 170 Chapter 99-378, s. 15, Laws of Fla. (creating s. 196.1978, F.S, effective July 1, 1999). 171 The not-for-profit corporation must qualify as charitable under s. 501(c)(3) of the Internal Revenue Code and other federal regulations. See 26 U.S.C. § 501(c)(3) (“charitable purposes” include relief of the poor, the distressed or the underprivileged, the advancement of religion, and lessening the burdens of government). 179 BILL: CS/SB 102 Page 32 120 percent of the median income of the state, the metropolitan area, or the county where the person lives, whichever is greater. In 2017, the Legislature authorized a charitable use property tax discount for property with an agreement with the FHFC where more than 70 of the units provide affordable housing. The discount is limited to only those portions of the property that house persons or families whose income does not exceed 80 percent of the median income of the state, the metropolitan area, or the county where the person lives, whichever is greater. The tax discount amounted to 50 percent of the taxable value of eligible units and was applicable to taxes assessed after the 15th completed year of an agreement with the FHFC.172 In 2021, the Legislature increased the 50 percent discount to a full exemption.173 Effect of Proposed Changes: The bill includes three new property tax exemptions: Nonprofit Land Lease Exemption Section 8, in part, amends s. 196.1978(1), F.S., to provide that land owned entirely by a nonprofit entity which is leased for at least 99 years for the purpose of and is in fact used for providing affordable housing for extremely-low-, very-low-, low-, or moderate-income persons or families is exempt from ad valorem taxation. In order to receive this exemption the improvements on the land being used for affordable housing purposes must encompass more than half the square footage of all improvements on the land. This exemption first applies to the 2024 tax roll and is repealed on December 31, 2059. Exemption for Newly Constructed Units Providing Affordable Housing Section 8, in part, amends s. 196.1978(3), F.S., to provide a new ad valorem tax exemption for certain property used to provide affordable housing. This exemption applies throughout the state without further action by local governments. Eligible property includes units in a newly constructed multifamily project containing more than 70 units dedicated to housing natural persons or families below certain income thresholds. “Newly constructed” is defined as an improvement substantially completed within 5 years before the property owner’s first application for this exemption. The units must be occupied by such persons or families and rent limited so as to provide affordable housing at either the 80 or 120 percent AMI threshold. Rent for such units also may not exceed 90 percent of the fair market value rent as determined by a rental market study. Qualified property used to provide affordable housing at the 80 to 120 percent AMI threshold receives an exemption of 75 percent of the assessed value of the units, while such property providing affordable housing up to the 80 percent AMI threshold receives a complete ad valorem tax exemption. 172 Section 196.1978(2)(a), F.S. (2018) and ch. 2017-36, s. 6, Laws of Fla. 173 See ch. 2021-31, s. 10, Laws of Fla. 180 BILL: CS/SB 102 Page 33 If an occupied unit qualifies for this exemption and the following year is vacant on January 1, the vacant unit is eligible for the exemption provided it meets the other requirements and a reasonable effort is made to lease the unit to eligible persons or families. To receive this exemption, a property owner must submit an application by March 1 to the property appraiser, accompanied by a certification notice from the FHFC. To receive a FHFC certification, a property owner must submit a request on a form including the most recent market study, which must have been conducted by an independent certified general appraiser in the preceding 3 years; a list of units for which the exemption is sought; the rent amount received for each unit, and a sworn statement restricting the property for a period of not less than 3 years to provide affordable housing. The certification process will be administered within the FHFC. Their responsibilities include publishing the deadline for submission, reviewing each request, sending certification notices to both the successful property owner and appropriate property appraiser, notifying unsuccessful property owners with reasons for denial. If the property appraiser determines that such an exemption has been improperly granted within the last 10 years, the property appraiser must serve the owner with a notice of intent to record a tax lien. Such property will be subject to the taxes improperly exempted, plus a penalty of 50 percent and 15 percent annual interest. Penalty and interest amounts do not apply to exemptions erroneously granted due to clerical mistake or omission by the property appraiser. Units subject to a recorded agreement with the FHFC under ch. 420, F.S., to provide affordable housing, and property receiving an exemption under s. 196.1979, F.S., as created by the following section of the bill, are not eligible to receive this exemption. The bill provides the FHFC rulemaking authority to implement this section. This section first applies to the 2024 tax roll and is repealed December 31, 2059. Local Option Affordable Housing Exemption Section 9 creates s. 196.1979, F.S., which provides that the governing body of a county or municipality may adopt by ordinance an ad valorem tax exemption for certain property used for providing affordable housing. Portions of property eligible for such an exemption must be utilized to house persons or families meeting the extremely-low- or very-low-income limits specified in s. 420.0004, F.S, be contained in a multifamily project of at least 50 units where at least 20 percent are reserved for affordable housing, and have rent set such that it provides affordable housing to people in the target income bracket, or no higher than 90 percent of the fair market rent value as determined by a rental market study, whichever is less. Additionally, the property must not have been cited for three code violations in the preceding 24 months and must not have outstanding code violations or related fines. 181 BILL: CS/SB 102 Page 34 In adopting this exemption, a local government may choose to offer either or both an exemption for two income groups: those earning up to 30 percent AMI and those earning between 30 to 60 percent AMI. The value of the exemption is up to 75 percent of the assessed value of each unit if less than 100 percent of the multifamily project’s units are used to provide affordable housing, or up to 100 percent of the assessed value if 100 percent of the project’s units are used to provide affordable housing. An ordinance enacting such an exemption must:  Be adopted under normal non-emergency procedures;  Designate the local entity under the supervision of the governing body which must develop, receive, and review applications for certification and develop notices of determination of eligibility;  Require the property owner to apply for certification on a form including the most recent market study, which must have been conducted by an independent certified general appraiser in the preceding three years; a list of units for which the exemption is sought; and the rent amount received for each unit;  Require the designated entity to verify and certify property as having met the requirements for the exemption, and to notify unsuccessful applicants with the reasons for denial;  Set out the requirements for each unit discussed above;  Require the property owner to submit an application for exemption accompanied by certification to the property appraiser by March 1;  Specify that such exemption only applies to taxes levied by the unit of government granting the exemption;  Specify that the property may not receive such an exemption after the expiration of the ordinance granting the exemption;  Identify the percentage of assessed value to be exempted, and whether such exemption applies to very-low-income, extremely-low-income, or both; and  Require that the deadline to submit an application and a list of certified properties be published on the government’s website. Such an ordinance must expire before the fourth January 1 after adoption, however the governing body may adopt a new ordinance renewing the exemption. If the property appraiser determines that such an exemption has been improperly granted within the last 10 years, the property appraiser must serve the owner with a notice of intent to record a tax lien. Such property will be subject to the taxes improperly exempted, plus a penalty of 50 percent and 15 percent annual interest. Penalty and interest amounts do not apply to exemptions erroneously granted due to clerical mistake or omission by the property appraiser. This section first applies to the 2024 tax roll. Miscellaneous Effects of Proposed Changes Sections 17, 18, 20 and 22 amend ss. 220.02, 220.13, 220.186, and 220.222 F.S., respectively, to make conforming changes with regards to the Live Local program. 182 BILL: CS/SB 102 Page 35 Section 37 amends s. 420.6075, F.S., to make technical changes. Section 39 amends s. 624.509, F.S., to make technical changes. Section 40 amends s. 624.5105, F.S., to make technical changes. Section 43 expressly grants the DOR emergency rulemaking authority as it relates to administering the Live Local Program created by the bill. This authority is repealed July 1, 2026. Section 48 provides that the Legislature finds and declares that this act fulfills an important state interest. Section 49 provides that, except as otherwise provided, the bill will take effect July 1, 2023. IV. Constitutional Issues: A. Municipality/County Mandates Restrictions: Article VII, s. 18(a) of the Florida Constitution provides, in part, that a county or municipality may not be bound by a general law requiring a county or municipality to spend funds or take an action that requires the expenditure of funds unless certain specified exemptions or exceptions are met. Under the bill counties and municipalities may be required to spend funds related to publishing certain policies and documents online, administering new tax exemptions, and updating inventories of publicly owned land. Article VII, s. 18(b) of the Florida Constitution provides that, except upon the approval of each house of the Legislature by a two-thirds vote of the membership, the Legislature may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that municipalities or counties have to raise revenue in the aggregate, as such authority existed on February 1, 1989. The portions of the bill alleviating ad valorem taxes under certain circumstances for properties providing affordable housing reduce taxing authority. If the bill does qualify as a mandate, in order to be binding upon cities and counties the bill must contain a finding of important state interest and be approved by a two-thirds vote of the membership of each house. B. Public Records/Open Meetings Issues: None. C. Trust Funds Restrictions: The amount directed to the State Housing Trust Fund from Documentary Stamp Tax collections does not affect the amount received by the Land Acquisition Trust Fund, as required by Article X, s. 28(a) of the Florida Constitution. 183 BILL: CS/SB 102 Page 36 D. State Tax or Fee Increases: None. E. Other Constitutional Issues: None. V. Fiscal Impact Statement: A. Tax/Fee Issues: The Revenue Estimating Conference (REC) made the following estimates for the specified bill provisions:  The sales tax refund for building materials will reduce General Revenue Fund receipts by $31.9 beginning in Fiscal Year 2023-2024, and will reduce local government revenues by $8.9 million beginning in Fiscal Year 2023-2024.  Increasing the Community Contribution Tax Credit cap will reduce General Revenue Fund receipts by $8.4 million beginning in Fiscal Year 2023-2024, and will reduce local government revenues by $2.1 million beginning in Fiscal Year 2023-2024.  The Live Local Program will reduce General Revenue receipts by $50 million in Fiscal Year 2023-2024 and by $100 million in future years.  The property tax exemption for certain lands leased for affordable housing will reduce local property tax revenues by $8.5 million beginning in Fiscal Year 2023- 2024.  The local option affordable housing property tax exemption will have an indeterminate reduction to local property tax revenue due to variations in how many local governments implement the program, but the REC estimates the impact could be a reduction of local property tax revenues by $225.1 million by Fiscal Year 2027- 2028.  The General Revenue service charge redirect will reduce General Revenue Fund receipts by $150 million beginning in Fiscal Year 2023-2024 and will increase State Housing Trust Fund receipts by $150 million beginning in Fiscal Year 2023-2024.  The property tax exemption for newly constructed or substantially renovated multi- family rental units used to provide affordable housing will reduce local government revenues by $183 million by Fiscal Year 2027-2028, with no impact in Fiscal Year 2023-2024 and increasing rates thereafter. B. Private Sector Impact: Developers of multifamily housing should see a reduction in bureaucracy, and an increase in the amount of property available, for residential development relating to housing projects which qualify for the density, height, and zoning preemptions. Developers will also benefit from tax exemption portions of the legislation, and increased funding to the FHFC. 184 BILL: CS/SB 102 Page 37 Individuals may benefit from a resulting increase in income-limited units, overall housing production increases, and downpayment assistance eligibility. C. Government Sector Impact: Local governments may incur expenditures and lost revenues in implementing the bill with regards to updating inventory lists of publicly owned land, publishing certain procedures and regulations electronically, and administering new ad valorem tax exemptions. Local governments may benefit from the expansion of the Community Contribution Tax Credit Program, the locally held land leasing provisions, and SHIP funding. Certain components of the bill, specifically the General Revenue service charge redirection and Live Local program, have the neutral effect of reducing general revenue while increasing funding to FHFC programs. The DOR and the FHFC will face costs related to administration of various provisions of the bill. The bill makes the following appropriations to the FHFC:  $100 million in non-recurring funds from the General Revenue Fund to implement the Florida Hometown Heroes Program;  $252 million in non-recurring funds from the Local Government Housing Trust Fund for the SHIP program;  $150 million in recurring funds from the State Housing Trust Fund for the purpose of implementing section 30 of the bill, related to SAIL project funding derived from a redirected General Revenue service charge;  $109 million in non-recurring funds from the State Housing Trust Fund for the SAIL program; and  $100 million in non-recurring funds from the General Revenue Fund to implement a competitive loan program to alleviate inflation-related cost increases for FHFC- approved multifamily projects that have not yet commenced construction; if not used by December 1, 2023, these funds are allocated to the SAIL program.174 VI. Technical Deficiencies: None. VII. Related Issues: None. 174 FHFC currently maintains such an effort through a program called the Construction Housing Inflation Response Program (CHIRP), which sets aside funding for projects that were previously awarded SAIL funding but risk failure due to acutely rising construction costs. See FHFC, Construction Housing Inflation Response Program (CHIRP), April 29, 2022, available at https://www.floridahousing.org/docs/default-source/programs/competitive/2022/2022--chirp/4-29-22-board-presentation- re-chirp-(1).pdf?sfvrsn=c94cf57b_0 (last visited January 19, 2023). This provision takes effect upon the bill becoming a law. 185 BILL: CS/SB 102 Page 38 VIII. Statutes Affected: This bill substantially amends or creates the following sections of the Florida Statutes: 125.0103, 125.01055, 125.379, 166.04151, 166.043, 166.0451, 196.1978, 196.1979, 201.15, 212.08, 213.053, 215.212, 215.22, 220.02, 220.13, 220.183, 220.186, 220.1878, 220.222, 253.034, 253.0341, 288.101, 420.0003, 420.503, 420.504, 420.507, 420.5087, 420.50871, 420.50872, 420.5096, 420.531, 420.6075, 553.792, 624.509, 624.5105, and 624.51058. This bill creates undesignated sections of Florida law. IX. Additional Information: A. Committee Substitute – Statement of Changes: (Summarizing differences between the Committee Substitute and the prior version of the bill.) CS by Appropriations on February 22, 2023: The committee substitute:  Clarifies that an affordable housing development does not have to obtain a zoning or land use change and must be otherwise consistent with comprehensive plan requirements except for zoning, height, and density.  Clarifies for consideration of reduced parking requirements on certain affordable housing developments, that a major transit stop is as defined in local land use regulations.  Amends the tax exemption for newly constructed affordable housing property by removing reference to statewide adjusted median income, correcting a reference to the income and rent limits utilized to prove affordability, and authorizing the DOR to create an application form for the exemption.  Amends the local option property tax exemption by increasing the upper qualifying income percentage from 50 to 60 percent of the median income, authorizing local governments to deny or revoke exemptions based on multiple code violations, removing reference to statewide adjusted median income, correcting a reference to the income and rent limits utilized to prove affordability, and authorizing the DOR to create an application form for the exemption.  Amends the Live Local tax credit donation program by making technical corrections clarifying the DOR’s ability to share information with the FHFC, clarifying that a taxpayer can carry forward unused credits for 10 taxable years, rather than calendar years, clarifying that payments under the program are to be incorporated into tax underpayment calculations; and removing the requirement that authorized “projects of regional significance” be 50 percent larger than any development within a 30-mile radius.  Provides that the building materials sales tax exemption applies to qualifying purchases made on or after July 1, 2023, and removes a related provision requiring the DOR to move a percentage of the exemption from the Local Government Half- Cent Sales Tax Trust Fund.  Clarifies that loans under the Hometown Heroes program may be made regardless of the purchased property’s form of title, be it realty or tangible personal property. 186 BILL: CS/SB 102 Page 39  Provides that the DEO’s Keys Workforce Housing Initiative, approved by the Administration Commission in 2018, is an exception to evacuation time requirements and that comprehensive plan and land use amendments approved under that initiative are valid. B. Amendments: None. This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate. 187 Official List of Special Districts Create a Customized List of Special Districts (615) Report Created April 13, 2023 • Options Selected: º Option 1 - Creation Date Range: All Creation Dates º Option 2 - Both, Independent, or Dependent Status: Dependent º Option 3 - Active Only: Active º Option 4 - Bond Authority: Both º Option 5 - Creation Method: All Creation Methods º Option 6 - County: All Counties º Option 7 - Special Purpose: All Special Purposes º Option 8 - Revenue Source: All Revenue Sources º Option 9 - Governing Body: All Governing Boards County Type Status District (and website if available) Brevard Active Dependent A. Max Brewer Memorial Law Library Palm Beach Active Dependent Acme Improvement District Alachua Active Dependent Alachua Community Redevelopment Agency Alachua Active Dependent Alachua County Health Facilities Authority Alachua Active Dependent Alachua County Housing Authority Alachua Active Dependent Alachua County Housing Finance Authority Seminole Active Dependent Altamonte Springs Health Facilities Authority Nassau Active Dependent American Beach Water and Sewer District St. Johns Active Dependent Anastasia Sanitary District Franklin Active Dependent Apalachicola Housing Authority Orange Active Dependent Apopka Community Redevelopment Agency Hillsborough Active Dependent Arlington Special Dependent District Palm Beach Active Dependent Atlantis Safe Neighborhood Improvement District Polk Active Dependent Auburndale Community Redevelopment Agency Highlands Active Dependent Avon Park Community Redevelopment Agency Highlands Active Dependent Avon Park Housing Authority 1 188 County Type Status District (and website if available) Brevard Active Dependent Babcock Street Community Redevelopment Agency Brevard Active Dependent Barefoot Bay Water and Sewer District Polk Active Dependent Bartow Community Redevelopment Agency Polk Active Dependent Bartow Municipal Airport Development Authority Bay Active Dependent Bay County Law Library Hillsborough Active Dependent Bay Crest Park Special District Brevard Active Dependent Bayfront Community Redevelopment Agency Duval Active Dependent Baymeadows Community Improvement District Hillsborough Active Dependent Beacon Meadows Special Dependent Tax District Osceola Active Dependent Bellalago Educational Facilities Benefit District Santa Rosa Active Dependent Blackwater Soil and Water Conservation District Hillsborough Active Dependent Bloomingdale Oaks Special Dependent Tax District Hillsborough Active Dependent Bloomingdale Special Taxing District Calhoun Active Dependent Blountstown Community Redevelopment Agency Palm Beach Active Dependent Boca Raton Community Redevelopment Agency Palm Beach Active Dependent Boca Raton Housing Authority Broward Active Dependent Bonaventure Development District Hillsborough Active Dependent Boyette Springs Special Dependent District Palm Beach Active Dependent Boynton Beach Community Redevelopment Agency Manatee Active Dependent Bradenton Beach Community Redevelopment Agency Manatee Active Dependent Bradenton Community Redevelopment Agency Hillsborough Active Dependent Brandon Hills Special Dependent District Brevard Active Dependent Brevard County Educational Facilities Authority Brevard Active Dependent Brevard County Free Public Library District Brevard Active Dependent Brevard County Health Facilities Authority Brevard Active Dependent Brevard County Housing Finance Authority Brevard Active Dependent Brevard County Special Recreation District IV Brevard Active Dependent Brevard Mosquito Control District Hernando Active Dependent Brooksville Housing Authority Broward Active Dependent Broward County Community Redevelopment Agency Broward Active Dependent Broward County Educational Facilities Authority Broward Active Dependent Broward County Health Facilities Authority Broward Active Dependent Broward County Housing Finance Authority Broward Active Dependent Broward County Water Control District 2 Broward Active Dependent Broward County Water Control District 3 Broward Active Dependent Broward County Water Control District 4 2 189 County Type Status District (and website if available) Broward Active Dependent Broward Solid Waste Disposal District Hillsborough Active Dependent Buckhorn Estates Special Dependent District Hillsborough Active Dependent Buckhorn Oaks Special Dependent District Flagler Active Dependent Bunnell Community Redevelopment Agency Charlotte Active Dependent Burnt Store Isles Canal Maintenance Assessment District Bay Active Dependent Callaway Community Redevelopment Agency Brevard Active Dependent Cape Canaveral Community Redevelopment Agency Brevard Active Dependent Cape Canaveral Free Public Library Lee Active Dependent Cape Coral Community Redevelopment Agency Palm Beach Active Dependent Captain's Key Dependent District Monroe Active Dependent Caroline Street Corridor and Bahama Village Community Redevelopment Agency Franklin Active Dependent Carrabelle Community Redevelopment Agency Franklin Active Dependent Carrabelle Hospital Tax District Hillsborough Active Dependent Carrollwood Meadows Special Dependent District Hillsborough Active Dependent Carrollwood North Special Dependent Tax District Hillsborough Active Dependent Carrollwood South Special Dependent Tax District Lake Active Dependent Carver Heights / Montclair Community Redevelopment Agency Escambia Active Dependent Century Community Redevelopment Agency Charlotte Active Dependent Charlotte County Industrial Development Authority Charlotte Active Dependent Charlotte Harbor Community Redevelopment Agency Washington Active Dependent Chipley Housing Authority Washington Active Dependent Chipley Redevelopment Agency Citrus Active Dependent Citrus County Fire Protection Taxing District Citrus Active Dependent Citrus County Port Authority Citrus Active Dependent Citrus County Special Library District Palm Beach Active Dependent City of Belle Glade Community Redevelopment Agency Hardee Active Dependent City of Bowling Green Community Redevelopment Agency Hernando Active Dependent City of Brooksville Community Redevelopment Agency Lee Active Dependent City of Cape Coral Health Facilities Authority Seminole Active Dependent City of Casselberry Community Redevelopment Agency Levy Active Dependent City of Cedar Key Community Redevelopment Agency Hendry Active Dependent City of Clewiston Community Redevelopment Agency Broward Active Dependent City of Coral Springs Community Redevelopment Agency Putnam Active Dependent City of Crescent City Community Redevelopment Agency Volusia Active Dependent City of DeLand Downtown Tax Increment District 3 190 County Type Status District (and website if available) Marion Active Dependent City of Dunnellon Community Redevelopment Agency Polk Active Dependent City of Eagle Lake Community Redevelopment Agency Volusia Active Dependent City of Edgewater Community Redevelopment Agency Polk Active Dependent City of Fort Meade Community Redevelopment Agency Volusia Active Dependent City of Holly Hill Community Redevelopment Agency Citrus Active Dependent City of Inverness Community Redevelopment Agency Polk Active Dependent City of Lake Alfred Community Redevelopment Agency Polk Active Dependent City of Lake Wales Library Board Broward Active Dependent City of Lauderhill Community Redevelopment Agency Suwannee Active Dependent City of Live Oak Community Redevelopment Agency Jackson Active Dependent City of Marianna Community Redevelopment Agency Lake Active Dependent City of Mascotte Community Redevelopment Agency Miami-Dade Active Dependent City of Miami Health Facilities Authority Gadsden Active Dependent City of Midway Community Redevelopment Agency Lake Active Dependent City of Minneola Community Redevelopment Agency Glades Active Dependent City of Moore Haven Affordable Housing Finance Authority Glades Active Dependent City of Moore Haven Redevelopment Agency Polk Active Dependent City of Mulberry Community Redevelopment Agency Collier Active Dependent City of Naples Airport Authority Collier Active Dependent City of Naples Community Redevelopment Agency Alachua Active Dependent City of Newberry Community Redevelopment Agency Sarasota Active Dependent City of North Port Solid Waste District Broward Active Dependent City of Oakland Park Community Redevelopment Agency Manatee Active Dependent City of Palmetto Community Redevelopment Agency Escambia Active Dependent City of Pensacola Community Redevelopment Agency Taylor Active Dependent City of Perry Community Redevelopment Agency Broward Active Dependent City of Plantation Community Redevelopment Agency St. Lucie Active Dependent City of Port St. Lucie Community Redevelopment Agency Charlotte Active Dependent City of Punta Gorda Community Redevelopment Agency Palm Beach Active Dependent City of Riviera Beach Utility Special District Brevard Active Dependent City of Rockledge Community Redevelopment Agency Seminole Active Dependent City of Sanford Community Redevelopment Agency Sarasota Active Dependent City of Sarasota Community Redevelopment Agency Indian River Active Dependent City of Sebastian Community Redevelopment Agency Miami-Dade Active Dependent City of South Miami Health Facilities Authority Osceola Active Dependent City of St. Cloud Community Redevelopment Agency 4 191 County Type Status District (and website if available) Wakulla Active Dependent City of St. Marks Redevelopment Agency Pinellas Active Dependent City of St. Petersburg Health Facilities Authority Martin Active Dependent City of Stuart Community Redevelopment Agency Broward Active Dependent City of Sunrise Special Tax District No. 1 Leon Active Dependent City of Tallahassee Community Redevelopment Agency Hillsborough Active Dependent City of Tampa Community Redevelopment Agency Pinellas Active Dependent City of Tarpon Springs Community Redevelopment Agency Gilchrist Active Dependent City of Trenton Community Redevelopment Agency Pinellas Active Dependent Clearwater Community Redevelopment Agency Pinellas Active Dependent Clearwater Housing Authority Brevard Active Dependent Cocoa Community Redevelopment Agency Broward Active Dependent Cocomar Water Control District Miami-Dade Active Dependent Coconut Grove Business Improvement District Sumter Active Dependent Coleman Community Redevelopment Agency Collier Active Dependent Collier County Airport Authority Collier Active Dependent Collier County Community Redevelopment Agency Collier Active Dependent Collier County Educational Facilities Authority Collier Active Dependent Collier County Health Facilities Authority Collier Active Dependent Collier County Housing Finance Authority Collier Active Dependent Collier County Industrial Development Authority Collier Active Dependent Collier County Water-Sewer District Columbia Active Dependent Columbia County Industrial Development Authority Escambia Active Dependent Community Redevelopment Agency of Escambia County Indian River Active Dependent Community Redevelopment Agency of the City of Fellsmere Volusia Active Dependent Community Redevelopment Agency of the City of New Smyrna Beach Bay Active Dependent Community Redevelopment Agency of the City of Parker Pinellas Active Dependent Community Redevelopment Agency of the City of Pinellas Park Volusia Active Dependent Community Redevelopment Agency of the City of South Daytona Hillsborough Active Dependent Community Redevelopment Agency of the City of Temple Terrace Lake Active Dependent Community Redevelopment Agency of the City of Umatilla Polk Active Dependent Community Redevelopment Agency of the City of Winter Haven Okaloosa Active Dependent Community Redevelopment Agency of the Town of Cinco Bayou 5 192 County Type Status District (and website if available) Gadsden Active Dependent Community Redevelopment Agency of the Town of Havana Palm Beach Active Dependent Community Redevelopment Agency of the Town of Lake Park Pasco Active Dependent Connected City Stewardship District Hendry Active Dependent Cooperative Producers Water Control District Hillsborough Active Dependent Country Lakes Special Dependent Tax District Hillsborough Active Dependent Country Place Maintenance District Hillsborough Active Dependent Country Run Maintenance District Hillsborough Active Dependent Country Village Special Dependent District Hillsborough Active Dependent Cove At Bayport Colony, The Osceola Active Dependent Crescent Lakes Common Facilities District Okaloosa Active Dependent Crestview Community Redevelopment Agency Okaloosa Active Dependent Crestview Housing Authority Citrus Active Dependent Crystal River Redevelopment Agency Pasco Active Dependent Dade City Community Redevelopment Agency Broward Active Dependent Dania Beach Community Redevelopment Agency Broward Active Dependent Dania Beach Housing Authority Broward Active Dependent Davie Community Redevelopment Agency Volusia Active Dependent Daytona Beach Community Redevelopment Agency Volusia Active Dependent Daytona Beach Downtown Development Authority Volusia Active Dependent Daytona Beach Housing Authority Duval Active Dependent Deep Bottom Creek Dependent Special District Broward Active Dependent Deerfield Beach Community Redevelopment Agency Broward Active Dependent Deerfield Beach Housing Authority Walton Active Dependent DeFuniak Springs Community Redevelopment Agency Walton Active Dependent DeFuniak Springs Housing Authority Volusia Active Dependent DeLand Housing Authority Palm Beach Active Dependent Delray Beach Community Redevelopment Agency Palm Beach Active Dependent Delray Beach Downtown Development Authority Palm Beach Active Dependent Delray Beach Housing Authority Miami-Dade Active Dependent Department of Off-Street Parking of The City of Miami Okaloosa Active Dependent Destin Community Redevelopment Agency Brevard Active Dependent Diamond Square Community Redevelopment Agency Hillsborough Active Dependent Downtown / Historic Ybor Tourism Marketing District Lake Active Dependent Downtown and East Town Redevelopment Agency Marion Active Dependent Downtown Belleview Community Redevelopment Agency Lake Active Dependent Downtown Clermont Redevelopment Agency 6 193 County Type Status District (and website if available) Brevard Active Dependent Downtown Cocoa Beach Community Redevelopment Agency Orange Active Dependent Downtown Development Board Sarasota Active Dependent Downtown Improvement District Duval Active Dependent Downtown Investment Authority Osceola Active Dependent Downtown Kissimmee Community Redevelopment Agency Orange Active Dependent Downtown South Neighborhood Improvement District Pinellas Active Dependent Dunedin Community Redevelopment Agency Pinellas Active Dependent Dunedin Housing Authority Duval Active Dependent Duval County Research and Development Authority Hendry Active Dependent East Hendry County Drainage District Hillsborough Active Dependent East Lake Park Special Dependent District Lee Active Dependent East Mulloch Water Control District Collier Active Dependent East Naples Bay Special Taxing District Volusia Active Dependent Eastport Business Center St. Johns Active Dependent Elkton Drainage District Polk Active Dependent Eloise Community Redevelopment Agency Broward Active Dependent Emerald Hills Safety Enhancement District Sarasota Active Dependent Englewood Community Redevelopment Agency Escambia Active Dependent Escambia County Housing Finance Authority Escambia Active Dependent Escambia Health Facilities Authority Nassau Active Dependent Fernandina Beach Community Redevelopment Agency Flagler Active Dependent Flagler Beach Community Redevelopment Agency Osceola Active Dependent Flora Ridge Education Facilities Benefit District Miami-Dade Active Dependent Florida City Community Redevelopment Agency Broward Active Dependent Fort Lauderdale Community Redevelopment Agency Broward Active Dependent Fort Lauderdale Housing Authority Lee Active Dependent Fort Myers Community Redevelopment Agency Lee Active Dependent Fort Myers Housing Authority St. Lucie Active Dependent Fort Pierce Redevelopment Agency Okaloosa Active Dependent Fort Walton Beach Community Redevelopment Agency Okaloosa Active Dependent Fort Walton Beach Housing Authority Pinellas Active Dependent Forty-Ninth Street Corridor Redevelopment District Seminole Active Dependent Fred R. Wilson Memorial Law Library Lake Active Dependent Fruitland Park Community Redevelopment Agency Gadsden Active Dependent Gadsden County Hospital Gadsden Active Dependent Gadsden County Industrial Development Authority 7 194 County Type Status District (and website if available) Alachua Active Dependent Gainesville Housing Authority Gilchrist Active Dependent Gilchrist County Industrial Development Authority Glades Active Dependent Glades Soil and Water Conservation District Sarasota Active Dependent Golden Gate Point Streetscape Special District Broward Active Dependent Golden Isles Safe Neighborhood District Lake Active Dependent Greater Leesburg Community Redevelopment Agency Gadsden Active Dependent Gretna Housing Authority Gadsden Active Dependent Gretna Neighborhood Improvement District Lake Active Dependent Groveland Community Redevelopment Agency Santa Rosa Active Dependent Gulf Breeze Community Redevelopment Agency Pinellas Active Dependent Gulfport Waterfront Community Redevelopment Agency Broward Active Dependent Habitat Safe Neighborhood Improvement District Polk Active Dependent Haines City Community Redevelopment Agency Broward Active Dependent Hallandale Beach Community Redevelopment Agency Hillsborough Active Dependent Hammock Woods Special Dependent Tax District Duval Active Dependent Harbour Waterway Special District Hardee Active Dependent Hardee County Industrial Development Authority Polk Active Dependent Harden / Parkway Community Redevelopment Agency Alachua Active Dependent Hawthorne Community Redevelopment Agency Hendry Active Dependent Hendry County Industrial Development Authority Hendry Active Dependent Hendry Soil and Water Conservation District Hernando Active Dependent Hernando County Law Library Hernando Active Dependent Hernando County Port Authority Hernando Active Dependent Hernando County Water and Sewer District Miami-Dade Active Dependent Hialeah Housing Authority Miami-Dade Active Dependent Hialeah Redevelopment Agency Hillsborough Active Dependent Hickory Hill Special Dependent Tax District Collier Active Dependent Hideaway Beach District Alachua Active Dependent High Springs Community Redevelopment Agency Highlands Active Dependent Highlands County Health Facilities Authority Highlands Active Dependent Highlands County Hospital District Highlands Active Dependent Highlands County Industrial Development Authority Hillsborough Active Dependent Hillsborough County Hospital Authority Hillsborough Active Dependent Hillsborough County Industrial Development Authority Broward Active Dependent Hollywood Community Redevelopment Agency Broward Active Dependent Hollywood Housing Authority 8 195 County Type Status District (and website if available) Holmes Active Dependent Holmes County Development Commission Miami-Dade Active Dependent Homestead Community Redevelopment Agency Polk Active Dependent Housing Authority of Bartow Bay Active Dependent Housing Authority of Springfield Pinellas Active Dependent Housing Authority of Tarpon Springs DeSoto Active Dependent Housing Authority of The City of Arcadia Palm Beach Active Dependent Housing Authority of The City of Belle Glade Manatee Active Dependent Housing Authority of The City of Bradenton Brevard Active Dependent Housing Authority of The City of Cocoa Lake Active Dependent Housing Authority of The City of Eustis Nassau Active Dependent Housing Authority of The City of Fernandina Beach St. Lucie Active Dependent Housing Authority of The City of Fort Pierce Miami-Dade Active Dependent Housing Authority of The City of Homestead Polk Active Dependent Housing Authority of The City of Lakeland Polk Active Dependent Housing Authority of The City of Mulberry Volusia Active Dependent Housing Authority of The City of New Smyrna Beach Orange Active Dependent Housing Authority of The City of Orlando Broward Active Dependent Housing Authority of The City of Pompano Beach Martin Active Dependent Housing Authority of the City of Stuart, Florida Hillsborough Active Dependent Housing Authority of The City of Tampa Brevard Active Dependent Housing Authority of The City of Titusville Clay Active Dependent Housing Finance Authority of Clay County Hillsborough Active Dependent Housing Finance Authority of Hillsborough County Lee Active Dependent Housing Finance Authority of Lee County, Florida Manatee Active Dependent Housing Finance Authority of Manatee County Palm Beach Active Dependent Housing Finance Authority of Palm Beach County Pinellas Active Dependent Housing Finance Authority of Pinellas County Polk Active Dependent Housing Finance Authority of Polk County St. Johns Active Dependent Housing Finance Authority of St. Johns County Volusia Active Dependent Housing Finance Authority of Volusia County Gulf Active Dependent Howard Creek Fire Control District Hillsborough Active Dependent Hunter's Lake Special Dependent Tax District Osceola Active Dependent Indian Creek Common Facilities District Hillsborough Active Dependent Indian Hills-Hickory Ridge II Special Dependent Tax District Osceola Active Dependent Indian Point Common Facilities District Osceola Active Dependent Indian Ridge Villas Common Facilities District 9 196 County Type Status District (and website if available) Indian River Active Dependent Indian River County Emergency Services District Broward Active Dependent Indian Trace Development District Calhoun Active Dependent Industrial Development Authority of Calhoun County Orange Active Dependent International Drive Community Redevelopment Agency Duval Active Dependent Isle of Palms Special District Broward Active Dependent Isles of Inverrary Safe Neighborhood Improvement District Highlands Active Dependent Istokpoga Marsh Watershed Improvement District Pasco Active Dependent J. Ben Harrill Villages of Pasadena Hills Stewardship District Jackson Active Dependent Jackson County Agricultural Center Duval Active Dependent Jacksonville Aviation Authority Duval Active Dependent Jacksonville Beach Community Redevelopment Agency Duval Active Dependent Jacksonville Health Facilities Authority Duval Active Dependent Jacksonville Housing Finance Authority Duval Active Dependent Jacksonville International Airport Area Redevelopment Agency Duval Active Dependent Jacksonville Port Authority Duval Active Dependent Jacksonville Public Library Alachua Active Dependent John A. H. Murphree Law Library Brevard Active Dependent Joint West Melbourne-Brevard County Community Redevelopment Agency Martin Active Dependent Jupiter Island Beach Protection District Hernando Active Dependent Kass Circle Community Redevelopment Agency Monroe Active Dependent Key West Housing Authority Clay Active Dependent Keystone Airpark Authority Hillsborough Active Dependent Keystone Grove Lakes Special Dependent District Clay Active Dependent Keystone Heights Community Redevelopment Agency Duval Active Dependent KingSoutel Crossing Community Redevelopment Agency Hillsborough Active Dependent Lago Vista Maintenance District Clay Active Dependent Lake Asbury Municipal Service Benefit District Hillsborough Active Dependent Lake Brant Special Dependent District Union Active Dependent Lake Butler Community Redevelopment Agency Columbia Active Dependent Lake City Community Redevelopment Agency Palm Beach Active Dependent Lake Clarke Shores Community Redevelopment Agency Orange Active Dependent Lake Conway Water and Navigation Control District Hillsborough Active Dependent Lake Heather Special Dependent Tax District 10 197 County Type Status District (and website if available) Hillsborough Active Dependent Lake Magdalene Estates West Special Dependent Tax District Hillsborough Active Dependent Lake Magdalene Special Dependent District Hillsborough Active Dependent Lake Strawberry Special Dependent District Polk Active Dependent Lake Wales Airport Authority Polk Active Dependent Lake Wales Community Redevelopment Agency Polk Active Dependent Lake Wales Housing Authority Palm Beach Active Dependent Lake Worth Beach Community Redevelopment Agency Polk Active Dependent Lakeland Community Redevelopment Agency Pinellas Active Dependent Largo Community Redevelopment Agency Broward Active Dependent Lauderdale Isles Water Management District Broward Active Dependent Lauderdale Lakes Community Redevelopment Agency Broward Active Dependent Lauderhill Housing Authority Lee Active Dependent Lee County Educational Facilities Authority Lee Active Dependent Lee County Industrial Development Authority Lee Active Dependent Lee County Port Authority Leon Active Dependent Leon County Educational Facilities Authority Leon Active Dependent Leon County Housing Finance Authority Leon Active Dependent Leon County Research and Development Authority Suwannee Active Dependent Live Oak Housing Authority Suwannee Active Dependent Live Oak-Suwannee County Recreation Board Hillsborough Active Dependent Logan Gate Village Special Dependent District Manatee, Sarasota Active Dependent Longboat Key Bayside District Manatee, Sarasota Active Dependent Longboat Key Gulfside District Palm Beach Active Dependent Loxahatchee Groves Water Control District Bay Active Dependent Lynn Haven Community Redevelopment Agency Baker Active Dependent Macclenny Housing Authority Madison Active Dependent Madison Community Redevelopment Agency Orange Active Dependent Maitland Downtown Community Redevelopment Agency Manatee Active Dependent Manatee County Port Authority Broward Active Dependent Manors of Inverrary Safe Neighborhood Improvement District Broward Active Dependent Margate Community Redevelopment Agency Jackson Active Dependent Marianna Health and Rehabilitation Center Jackson Active Dependent Marianna Housing Authority Jackson Active Dependent Marianna Municipal Airport Development Authority Marion Active Dependent Marion County Community Redevelopment Agency 11 198 County Type Status District (and website if available) Marion Active Dependent Marion County Hospital District Marion Active Dependent Marion County Housing Finance Authority Marion Active Dependent Marion County Industrial Development Authority Marion Active Dependent Marion County Utility Authority Martin Active Dependent Martin County Community Redevelopment Agency Martin Active Dependent Martin County Health Facilities Authority Martin Active Dependent Martin County Industrial Development Authority Brevard Active Dependent Melbourne Airport Authority Brevard Active Dependent Melbourne Downtown Community Redevelopment Agency Brevard Active Dependent Melbourne Housing Authority Brevard Active Dependent Melbourne-Tillman Water Control District Brevard Active Dependent Merritt Island Redevelopment Agency Miami-Dade Active Dependent Miami Beach Health Facilities Authority Miami-Dade Active Dependent Miami Beach Redevelopment Agency Miami-Dade Active Dependent Miami Beach Visitor and Convention Authority Miami-Dade Active Dependent Miami Gardens Community Redevelopment Agency Miami-Dade Active Dependent Miami-Dade County Educational Facilities Authority Miami-Dade Active Dependent Miami-Dade County Health Facilities Authority Miami-Dade Active Dependent Miami-Dade County Housing Finance Authority Miami-Dade Active Dependent Miami-Dade County Industrial Development Authority Miami-Dade Active Dependent Miami-Dade County Library District Miami-Dade Active Dependent Miami-Dade Fire and Rescue Service District Okaloosa Active Dependent Mid-Bay Bridge Authority Miami-Dade Active Dependent Midtown Community Redevelopment Agency Duval Active Dependent Millers Creek Special District Santa Rosa Active Dependent Milton Community Redevelopment Agency Santa Rosa Active Dependent Milton Housing Authority Monroe Active Dependent Monroe County Comprehensive Plan Land Authority Monroe Active Dependent Monroe County Industrial Development Authority Glades Active Dependent Moore Haven Capital Projects Finance Authority Collier Active Dependent Moorings Bay System Special Taxing District Lake Active Dependent Mount Dora Community Redevelopment Agency Lake Active Dependent Mount Dora Health Facilities Authority Lake Active Dependent Mt. Plymouth-Sorrento Community Redevelopment Agency Charlotte Active Dependent Murdock Village Community Redevelopment Agency Miami-Dade Active Dependent Naranja Lakes Community Redevelopment Agency 12 199 County Type Status District (and website if available) Nassau Active Dependent Nassau County Housing Finance Authority Monroe Active Dependent Naval Properties Local Redevelopment Authority Osceola Active Dependent NeoCity Improvement District Pasco Active Dependent New Port Richey Community Redevelopment Agency Okaloosa Active Dependent Niceville Community Redevelopment Agency Okaloosa Active Dependent Niceville Housing Authority Miami-Dade Active Dependent Normandy Shores Local Government Neighborhood Improvement District Miami-Dade Active Dependent North Beach Community Redevelopment Agency Brevard Active Dependent North Brevard County Public Library District Brevard Active Dependent North Brevard Economic Development Zone Dependent Special District Brevard Active Dependent North Brevard Recreation Special District Hillsborough Active Dependent North Lakes Maintenance District Broward Active Dependent North Lauderdale Housing Authority Broward Active Dependent North Lauderdale Water Control District Volusia Active Dependent North Mainland / Ormond Crossings Community Redevelopment Agency Miami-Dade Active Dependent North Miami Beach Community Redevelopment Agency Miami-Dade Active Dependent North Miami Community Redevelopment Agency Miami-Dade Active Dependent North Miami Health Facilities Authority Hillsborough Active Dependent North Pointe Special Dependent Tax District Sarasota Active Dependent North Port Fire Rescue District Sarasota Active Dependent North Port Road and Drainage District Sumter Active Dependent North Sumter County Utility Dependent District Hillsborough Active Dependent Northdale Special District Lake Active Dependent Northeast Community Redevelopment Agency Broward Active Dependent Northwest Focal Point Senior Center District Miami-Dade Active Dependent NW 79th Street Corridor Community Redevelopment Agency Miami-Dade Active Dependent NW 7th Avenue Corridor Community Redevelopment Agency Marion Active Dependent Ocala Community Redevelopment Agency Marion Active Dependent Ocala Housing Authority Orange Active Dependent Ocoee Community Redevelopment Agency Brevard Active Dependent Olde Eau Gallie Riverfront Community Redevelopment Agency Pinellas Active Dependent Oldsmar Community Redevelopment Agency 13 200 County Type Status District (and website if available) Miami-Dade Active Dependent Omni Redevelopment District Community Redevelopment Agency Miami-Dade Active Dependent Opa-Locka Community Redevelopment Agency Orange Active Dependent Orange Blossom Trail Community Redevelopment Agency Orange Active Dependent Orange Blossom Trail Local Government NID Volusia Active Dependent Orange City Community Redevelopment Agency Orange Active Dependent Orange County Health Facilities Authority Orange Active Dependent Orange County Housing Finance Authority Orange Active Dependent Orange County Industrial Development Authority Volusia Active Dependent Orlandia Heights Special Neighborhood Improvement District Orange Active Dependent Orlando Community Redevelopment Agency Volusia Active Dependent Ormond Beach Community Redevelopment Agency Volusia Active Dependent Ormond Beach Housing Authority Osceola Active Dependent Osceola County Community Redevelopment Agency - East U.S. 192 Osceola Active Dependent Osceola County Health Facilities Authority Osceola Active Dependent Osceola County Housing Finance Authority Osceola Active Dependent Osceola County Library District Osceola Active Dependent Osceola Water District 1 Osceola Active Dependent Osceola Water District 2 Osceola Active Dependent Osceola Water District 3 Osceola Active Dependent Osceola Water District 4 Osceola Active Dependent Osceola Water District 5 Gulf Active Dependent Overstreet Fire Control District Seminole Active Dependent Oviedo Community Redevelopment Agency Santa Rosa Active Dependent Pace Property Finance Authority Palm Beach Active Dependent Pahokee Housing Authority, Inc. Putnam Active Dependent Palatka Downtown Redevelopment Agency Putnam Active Dependent Palatka Gas Authority Putnam Active Dependent Palatka Housing Authority Palm Beach Active Dependent Palm Beach County Educational Facilities Authority Palm Beach Active Dependent Palm Beach County Health Facilities Authority Palm Beach Active Dependent Palm Beach County Library District Palm Beach Active Dependent Palm Beach Municipal Services Special District Palm Beach Active Dependent Palm Springs Community Redevelopment Agency Bay Active Dependent Panama City Beach Community Redevelopment Agency 14 201 County Type Status District (and website if available) Bay Active Dependent Panama City Community Redevelopment Agency Bay Active Dependent Panama City Downtown Improvement Board Bay Active Dependent Panama City Housing Authority Bay Active Dependent Panama City Port Authority Charlotte Active Dependent Parkside Community Redevelopment Agency Manatee Active Dependent Parrish Area Improvement District Pasco Active Dependent Pasco County Educational Facilities Authority Pasco Active Dependent Pasco County Health Facilities Authority Pasco Active Dependent Pasco County Housing Finance Authority Pasco Active Dependent Pasco County Road and Bridge District Escambia Active Dependent Pensacola Downtown Improvement Board Orange Active Dependent Pine Hills Local Government Neighborhood Improvement District Hillsborough Active Dependent Pine Hollow Special Dependent District Hillsborough Active Dependent Pine Meadows Special Dependent District Pinellas Active Dependent Pinellas County Community Redevelopment Agency Pinellas Active Dependent Pinellas County Construction Licensing Board Pinellas Active Dependent Pinellas County Educational Facilities Authority Pinellas Active Dependent Pinellas County Emergency Medical Services Authority Pinellas Active Dependent Pinellas County Health Facilities Authority Pinellas Active Dependent Pinellas County Industrial Development Authority Pinellas Active Dependent Pinellas Planning Council Hillsborough Active Dependent Plant City Community Redevelopment Agency Hillsborough Active Dependent Plant City Housing Authority Broward Active Dependent Plantation Gateway Broward Active Dependent Plantation Midtown Development District Polk Active Dependent Polk County Industrial Development Authority Broward Active Dependent Pompano Beach Community Redevelopment Agency Broward Active Dependent Pompano Beach Emergency Medical Services District Volusia Active Dependent Ponce De Leon Inlet and Port District St. Johns Active Dependent Ponte Vedra Zoning and Adjustment Board Manatee Active Dependent Port Manatee Improvement District Volusia Active Dependent Port Orange Town Center Pasco Active Dependent Port Richey Community Redevelopment Agency Gulf Active Dependent Port St. Joe Redevelopment Agency Charlotte Active Dependent Punta Gorda Housing Authority Charlotte Active Dependent Punta Gorda Isles Canal Maintenance Assessment District 15 202 County Type Status District (and website if available) Putnam Active Dependent Putnam County Port Authority Putnam Active Dependent Putnam County Solid Waste Disposal District Gadsden Active Dependent Quincy Community Redevelopment Agency Nassau Active Dependent Recreation and Water Conservation and Control District No. 1 Duval Active Dependent Renew Arlington Community Redevelopment Agency Palm Beach Active Dependent Riviera Beach Community Redevelopment Agency Palm Beach Active Dependent Riviera Beach Housing Authority Pinellas Active Dependent Safety Harbor Community Redevelopment Agency Seminole Active Dependent Sanford Airport Authority Seminole Active Dependent Sanford Housing Authority Santa Rosa Active Dependent Santa Rosa County Health Facilities Authority Santa Rosa Active Dependent Santa Rosa County Housing Finance Authority Escambia Active Dependent Santa Rosa Island Authority Sarasota Active Dependent Sarasota County Health Facilities Authority Sarasota Active Dependent Sarasota County Law Library Sarasota Active Dependent Sarasota County Mental Health Care District Sarasota Active Dependent Sarasota County Mosquito Control District Sarasota Active Dependent Sarasota Housing Authority Brevard Active Dependent Satellite Beach Community Redevelopment Agency Highlands Active Dependent Sebring Airport Authority Highlands Active Dependent Sebring Community Redevelopment Agency Highlands Active Dependent Sebring Regional Airport and Industrial Park CRA Seminole Active Dependent Seminole County Industrial Development Authority Seminole Active Dependent Seminole County Port Authority Palm Beach Active Dependent Solid Waste Authority of Palm Beach County Indian River Active Dependent Solid Waste Disposal District Brevard Active Dependent South Brevard Recreation Special District Hillsborough Active Dependent South Pointe Special Dependent Tax District Miami-Dade Active Dependent Southeast Overtown / Park West Community Redevelopment Agency Manatee Active Dependent Southwest County Improvement District Volusia Active Dependent Southwest Deltona Community Redevelopment Agency Volusia Active Dependent Spring Hill Community Redevelopment Agency Bay Active Dependent Springfield Community Redevelopment Agency Sarasota Active Dependent St. Armands Special Business Neighborhood Improvement District 16 203 County Type Status District (and website if available) St. Johns Active Dependent St. Augustine Community Redevelopment Agency St. Johns Active Dependent St. Johns County Community Redevelopment Agency St. Johns Active Dependent St. Johns County Industrial Development Authority Gulf Active Dependent St. Joseph Fire Control District St. Lucie Active Dependent St. Lucie County Erosion District St. Lucie Active Dependent St. Lucie County Housing Finance Authority St. Lucie Active Dependent St. Lucie County Mosquito Control District St. Lucie Active Dependent St. Lucie County Sustainability District St. Lucie Active Dependent St. Lucie County Water and Sewer District Pinellas Active Dependent St. Petersburg Community Redevelopment Agency Pinellas Active Dependent St. Petersburg Housing Authority Flagler Active Dependent State Road 100 Corridor Community Redevelopment Agency Palm Beach Active Dependent Steeplechase Neighborhood Improvement District Osceola Active Dependent Stevens Plantation Improvement Project Dependent Special District Alachua Active Dependent Sugarfoot Oaks / Cedar Ridge Preservation and Enhancement District Hillsborough Active Dependent Sugarwood Groves Special District Sumter Active Dependent Sumter County Industrial Development Authority Washington Active Dependent Sunny Hills Units 12-15 Dependent District Broward Active Dependent Sunrise Key Neighborhood Improvement District Suwannee Active Dependent Suwannee County Development Authority Dixie Active Dependent Suwannee Water and Sewer District Leon Active Dependent Tallahassee Downtown Improvement Authority Leon Active Dependent Tallahassee Housing Authority Hillsborough Active Dependent Tampa Shores Special Dependent District Hillsborough Active Dependent Tarawood Special Dependent Tax District Lake Active Dependent Tavares Greater Downtown TIF District Taylor Active Dependent Taylor Coastal Water and Sewer District Broward Active Dependent Three Islands Safe Neighborhood District Brevard Active Dependent Titusville Community Redevelopment Agency Brevard Active Dependent Titusville-Cocoa Airport District Broward Active Dependent Town of Davie Neighborhood Improvement District Orange Active Dependent Town of Eatonville Community Redevelopment Agency Palm Beach Active Dependent Town of Jupiter Community Redevelopment Agency Highlands Active Dependent Town of Lake Placid Community Redevelopment Agency 17 204 County Type Status District (and website if available) Flagler Active Dependent Town of Marineland Community Redevelopment Agency St. Lucie Active Dependent Treasure Coast Education, Research and Development Authority Gulf Active Dependent Tupelo Fire Control District Broward Active Dependent Twin Lakes Water Control District Seminole Active Dependent U.S. Highway 17-92 Corridor Redevelopment Agency Lake Active Dependent U.S. Highway 441 / 27 Community Redevelopment Agency Union Active Dependent Union County Special Library District Union Active Dependent Union Soil and Water Conservation District Okaloosa Active Dependent Valparaiso Cable Authority Hillsborough Active Dependent Valrico Manor Special Dependent Tax District Sarasota Active Dependent Venice Housing Authority St. Johns Active Dependent Vilano Beach Street Lighting District Hillsborough Active Dependent Village Estates West Special District Osceola Active Dependent Vine Street Community Redevelopment Agency Volusia Active Dependent Volusia County Educational Facilities Authority Volusia Active Dependent Volusia County Industrial Development Authority Volusia Active Dependent Volusia County Unified Fire District Volusia Active Dependent Volusia Growth Management Commission Wakulla Active Dependent Wakulla County Industrial Development Authority (2016) Hillsborough Active Dependent Walden Lake Community Association Local Government NID Hillsborough Active Dependent Waterford Special Dependent District Hardee Active Dependent Wauchula Community Redevelopment Agency Palm Beach Active Dependent West Atlantic Avenue Neighborhood Improvement District Palm Beach Active Dependent West Palm Beach Community Redevelopment Agency Palm Beach Active Dependent West Palm Beach Golf Commission Palm Beach Active Dependent West Palm Beach Housing Authority Miami-Dade Active Dependent West Perrine Community Redevelopment Agency Hillsborough Active Dependent Westchester Special Dependent District Palm Beach Active Dependent Westgate / Belvedere Homes Community Redevelopment Agency Sumter Active Dependent Wildwood Community Redevelopment Agency Sumter Active Dependent Wildwood Utility Dependent District Levy Active Dependent Williston Community Redevelopment Agency Broward Active Dependent Wilton Drive Improvement District Hillsborough Active Dependent Windemere Special Dependent District 18 205 County Type Status District (and website if available) Broward Active Dependent Windermere / Tree Gardens Safe Neighborhood Improvement District Orange Active Dependent Windermere Water and Navigation Control District Orange Active Dependent Winter Garden Community Redevelopment Agency Polk Active Dependent Winter Haven Housing Authority Orange Active Dependent Winter Park Community Redevelopment Agency Orange Active Dependent Winter Park Housing Authority Miami-Dade Active Dependent Wynwood Business Improvement District Pasco Active Dependent Zephyrhills Community Redevelopment Agency 19 206 LOCAL GOVERNMENT COUNTY TOTAL COUNTY SHARE/ CITY SHARE ALACHUA 3,286,537 1,621,249 Gainesville 1,665,288 BAKER 350,000 350,000 BAY 2,111,922 1,697,141 Panama City 414,781 BRADFORD 350,000 350,000 BREVARD 7,189,654 3,945,682 Cocoa 227,912 Melbourne 996,486 Palm Bay 1,452,310 Titusville 567,264 BROWARD 22,534,548 3,988,613 Coconut Creek 662,516 Coral Springs 1,543,617 Davie 1,223,626 Deerfield Beach 1,000,534 Fort Lauderdale 2,163,317 Hollywood 1,773,469 Lauderhill 856,313 Margate 671,530 Miramar 1,581,925 Pembroke Pines 1,960,506 Plantation 1,077,151 Pompano Beach 1,302,497 Sunrise 1,115,460 Tamarac 831,525 Weston 781,949 CALHOUN 350,000 350,000 CHARLOTTE 2,260,559 2,031,564 Punta Gorda 228,995 CITRUS 1,814,501 1,814,501 CLAY 2,587,678 2,587,678 COLLIER 4,476,074 4,255,404 Naples 220,670 COLUMBIA 818,222 818,222 DE SOTO 409,396 409,396 DIXIE 350,000 350,000 DUVAL 11,836,251 11,836,251 ESCAMBIA 3,777,215 3,149,442 Pensacola 627,773 FLAGLER 1,435,374 320,088 Palm Coast 1,115,286 FRANKLIN 350,000 350,000 GADSDEN 513,413 513,413 GILCHRIST 350,000 350,000 LOCAL GOVERNMENT COUNTY TOTAL COUNTY SHARE/ CITY SHARE GLADES 350,000 350,000 GULF 350,000 350,000 HAMILTON 350,000 350,000 HARDEE 350,000 350,000 HENDRY 461,405 461,405 HERNANDO 2,282,869 2,282,869 HIGHLANDS 1,182,573 1,182,573 HILLSBOROUGH 17,412,196 12,813,635 Tampa 4,598,561 HOLMES 350,000 350,000 INDIAN RIVER 1,888,820 1,888,820 JACKSON 572,956 572,956 JEFFERSON 350,000 350,000 LAFAYETTE 350,000 350,000 LAKE 4,624,711 4,624,711 LEE 9,174,678 5,688,301 Cape Coral 2,379,911 Fort Myers 1,106,466 LEON 3,427,786 1,132,540 Tallahassee 2,295,246 LEVY 513,413 513,413 LIBERTY 350,000 350,000 MADISON 350,000 350,000 MANATEE 4,825,503 4,174,060 Bradenton 651,443 MARION 4,498,384 3,753,002 Ocala 745,382 MARTIN 1,859,122 1,859,122 MIAMI-DADE 20,155,423 13,238,082 Hialeah 1,668,869 Miami 3,355,878 Miami Beach 610,709 Miami Gardens 840,481 North Miami 441,404 MONROE 967,006 967,006 NASSAU 1,093,333 1,093,333 OKALOOSA 2,476,127 2,234,952 Fort Walton Beach 241,175 OKEECHOBEE 454,017 454,017 ORANGE 16,943,828 13,261,934 Orlando 3,681,894 OSCEOLA 4,877,511 3,230,375 Kissimmee 943,311 St. Cloud 703,825 PROJECTED SHIP DISTRIBUTION ESTIMATES FOR FY 2023-24 ($252,000,000) SHIP allocation based on SB 102, includes DR holdback, uses current Catalyst appropriation 03.2023 LOCAL GOVERNMENT COUNTY TOTAL COUNTY SHARE/ CITY SHARE PALM BEACH 17,389,885 12,463,331 Boca Raton 1,140,776 Boynton Beach 935,576 Delray Beach 768,633 Wellington 707,768 West Palm Beach 1,373,801 PASCO 6,795,605 6,795,605 PINELLAS 11,137,539 5,783,723 Clearwater 1,364,349 Largo 964,511 St. Petersburg 3,024,956 POLK 8,825,249 6,835,155 Lakeland 1,378,504 Winter Haven 611,590 PUTNAM 855,454 855,454 ST. JOHNS 3,398,088 3,398,088 ST. LUCIE 4,015,093 890,548 Fort Pierce 548,060 Port St. Lucie 2,576,485 SANTA ROSA 2,260,559 2,260,559 SARASOTA 5,182,320 4,535,048 Sarasota 647,272 SEMINOLE 5,531,749 5,531,749 SUMTER 1,606,321 1,606,321 SUWANNEE 513,413 513,413 TAYLOR 350,000 350,000 UNION 350,000 350,000 VOLUSIA 6,550,339 4,565,586 Daytona Beach 887,571 Deltona 1,097,182 WAKULLA 409,396 409,396 WALTON 922,385 922,385 WASHINGTON 350,000 350,000 TOTAL 246,436,400 246,436,400 DR Holdback & Catalyst 5,563,600 TOTAL APPROPRIATION 252,000,000 207