Florida 2023 Regular Session

Florida House Bill H0665 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to workforce housing communities; 2
16	16	creating s. 163.212, F.S.; providing legislative 3
17	17	intent; providing definitions; requiring a 4
18	18	governmental entity to develop and record certain 5
19	19	governing documents; providing requirements for such 6
20	20	governing documents; authorizing a governmental entity 7
21	21	to donate land, provide funding, and construct, or 8
22	22	enter into a contract with an infrastructure services 9
23	23	company to construct, basic site infrastructure for a 10
24	24	workforce housing community; requiring a governmental 11
25	25	entity to maintain a log with certain information; 12
26	26	requiring certain payments to transfer from the 13
27	27	governmental entity to the members of the homeowners' 14
28	28	association proportionally; requiring the governmental 15
29	29	entity or infrastructure services company to pr ocure, 16
30	30	install, and maintain major components of a workforce 17
31	31	housing unit for a certain fee; providing that such 18
32	32	fee be included in a member's monthly assessment; 19
33	33	providing that all remaining construction costs, based 20
34	34	on the design of the workforce housing unit, be paid 21
35	35	for with resident provided capital; requiring the 22
36	36	governmental entity and, if applicable, an 23
37	37	infrastructure services company to approve all 24
38	38	workforce housing unit designs; providing that a 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	resident is responsible for upkeep of certain 26
52	52	components; authorizing a resident to sell his or her 27
53	53	interest in a workforce housing unit to certain 28
54	54	persons; requiring that certain major components be 29
55	55	excluded from the purchase transaction of a workforce 30
56	56	housing unit and for excluded components to be clearly 31
57	57	disclosed to specified persons; authorizing certain 32
58	58	costs to be deducted from the gross proceeds of a sale 33
59	59	before a resident transfers payment; authorizing a 34
60	60	governmental entity to adopt and maintain certain 35
61	61	laws, ordinances, rules, or other measures; pro viding 36
62	62	an effective date. 37
63	63	38
64	64	Be It Enacted by the Legislature of the State of Florida: 39
65	65	40
66	66	Section 1. Section 163.212, Florida Statutes, is created 41
67	67	to read: 42
68	68	163.212 Workforce housing communities. — 43
69	69	(1)(a) The Legislature finds that there is a public need 44
70	70	for workforce housing in the state and that it is in the 45
71	71	public's interest for the state to provide options for the 46
72	72	construction of such workforce housing. 47
73	73	(b) The Legislature finds that the best way to provide for 48
74	74	the construction of safe, convenie nt, and economical workforce 49
75	75	housing is by working with governmental entities. 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(2) For purposes of this section, the term: 51
89	89	(a) "Basic site infrastructure" means local government and 52
90	90	state-approved improvements for roads, sewers, water, electric, 53
91	91	gas, lighting, streets, parks, ingress and egress, and common 54
92	92	area facilities. 55
93	93	(b) "Community" has the same meaning as in s. 720.301. 56
94	94	(c) "Governing documents" has the same meaning as in s. 57
95	95	720.301. 58
96	96	(d) "Governmental entity" includes an agency of the state , 59
97	97	a regional or a local government created by the State 60
98	98	Constitution or by general or special act, any county or 61
99	99	municipality, or any other entity that independently exercises 62
100	100	governmental authority. 63
101	101	(e) "Homeowners' association" or "association" means t he 64
102	102	governmental entity that donated the land to create the 65
103	103	community and that is responsible for the operation and 66
104	104	obligations of the community until such time as the governmental 67
105	105	entity transitions control to the members of the association. 68
106	106	(f) "Infrastructure services company" means a company that 69
107	107	enters into a contract with a governmental entity to provide 70
108	108	basic site infrastructure or major components. 71
109	109	(g) "Major components" means those components of a 72
110	110	workforce housing unit necessary for the health and safety of 73
111	111	the person living in such unit, including, but not limited to, 74
112	112	body and frame construction, HVAC systems, roof coverings, 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	exterior windows, electrical panels, exterior plumbing and 76
126	126	sewer, and irrigation systems. 77
127	127	(h) "Member" has the same meaning as in s. 720.301. 78
128	128	(i) "Parcel" has the same meaning as in s. 720.301. 79
129	129	(j) "Resident" means a person qualified to live in the 80
130	130	community as determined by the association and the governing 81
131	131	documents of the community. 82
132	132	(k) "Resident interest perce ntage" means the resident's 83
133	133	percentage of ownership of the workforce housing unit, 84
134	134	calculated as resident provided capital divided by the unit 85
135	135	gross cost. 86
136	136	(l) "Resident provided capital" means funds provided by a 87
137	137	resident to pay for the interior finishin gs of the workforce 88
138	138	housing unit, including, but not limited to, finished flooring 89
139	139	and floor coverings, wall covering, vanities, water closets, 90
140	140	water heaters, tubs and shower enclosures, lavatories, kitchens, 91
141	141	and counters. 92
142	142	(m) "Unit gross cost" means the sum of the following costs 93
143	143	for an individual workforce housing unit: 94
144	144	1. Land value. 95
145	145	2. Basic site infrastructure. 96
146	146	3. Major components. 97
147	147	4. Resident provided capital. 98
148	148	(n) "Workforce housing unit" means a single -family 99
149	149	dwelling, duplex, triplex, qu adruplex, or multi-unit 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	condominium. 101
163	163	(3) A governmental entity shall develop the initial 102
164	164	governing documents of the association and record them in the 103
165	165	official records of the county in which the community is 104
166	166	located. The governing documents must include all of the 105
167	167	following: 106
168	168	(a) The requirements to transition control of the 107
169	169	association from the governmental entity to its members. 108
170	170	(b) The required monthly assessment to the members. 109
171	171	(c) The requirements to become a resident of the 110
172	172	community, which mus t conform with applicable anti -111
173	173	discrimination laws. 112
174	174	(d) The requirement that at closing each resident must 113
175	175	receive documentation stating the unit gross cost and the 114
176	176	resident interest percentage. 115
177	177	(4) A governmental entity may donate land, provide 116
178	178	funding, and construct the basic site infrastructure for a 117
179	179	workforce housing community or receive and solicit proposals for 118
180	180	and enter into contracts with infrastructure services companies 119
181	181	to construct the basic site infrastructure for a workforce 120
182	182	housing community. 121
183	183	(5) A governmental entity must maintain a log of all of 122
184	184	the following: 123
185	185	(a) The value of the land that the governmental entity 124
186	186	donates for the workforce housing community. 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	(b) The funds required for basic site infrastructure. 126
200	200	(c) The funds requi red for the major components of each 127
201	201	workforce housing unit. 128
202	202	(6) If a governmental entity enters into a contract with 129
203	203	an infrastructure services company for the construction of a 130
204	204	workforce housing community, as parcels in the community are 131
205	205	sold, the monthly usage, availability, and capacity payments 132
206	206	charged by the infrastructure services company will transfer 133
207	207	from the governmental entity to the members of the association 134
208	208	proportionally. 135
209	209	(7) A governmental entity or an infrastructure services 136
210	210	company under contract with a governmental entity shall procure, 137
211	211	install, and maintain the major components of the workforce 138
212	212	housing unit and keep them in a state of good repair for a 139
213	213	monthly fee. The fee, adjusted for conservative delinquency 140
214	214	rates, must be included in a member's monthly assessment. 141
215	215	(8) All remaining construction costs of the workforce 142
216	216	housing unit must be paid for with resident provided capital. 143
217	217	The amount of resident provided capital required is dependent on 144
218	218	the design of the workforce housing un it, which must be approved 145
219	219	by the governmental entity and, if applicable, the 146
220	220	infrastructure services company. A resident is responsible for 147
221	221	the upkeep of all components of the workforce housing unit that 148
222	222	are not provided by a governmental entity or an inf rastructure 149
223	223	services company. 150
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236	236	(9) A resident may sell his or her interest in a workforce 151
237	237	housing unit to another person who is qualified to be a resident 152
238	238	of the workforce housing community. 153
239	239	(10)(a) The major components provided by an infrastructure 154
240	240	services company must be excluded from the purchase transaction 155
241	241	of the workforce housing unit. The association must clearly 156
242	242	disclose to a resident, an underwriter, and a title company all 157
243	243	of the major components that are excluded. At closing, the 158
244	244	association must also provide to each resident documentation 159
245	245	stating the unit gross cost and the resident interest 160
246	246	percentage. 161
247	247	(b) The gross proceeds of the sale of a workforce housing 162
248	248	unit may be appropriately reduced by the real estate transaction 163
249	249	costs, title insurance, and outstanding lien and mortgage 164
250	250	amounts before a resident transfers payment for the workforce 165
251	251	housing unit. 166
252	252	(11) A governmental entity may adopt and maintain in 167
253	253	effect any law, ordinance, rule, or other measure that is 168
254	254	adopted for the purpose o f implementing this section. 169
255	255	Section 2. This act shall take effect July 1, 2023. 170