HB 665 2023
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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
A bill to be entitled 1
An act relating to workforce housing communities; 2
creating s. 163.212, F.S.; providing legislative 3
intent; providing definitions; requiring a 4
governmental entity to develop and record certain 5
governing documents; providing requirements for such 6
governing documents; authorizing a governmental entity 7
to donate land, provide funding, and construct, or 8
enter into a contract with an infrastructure services 9
company to construct, basic site infrastructure for a 10
workforce housing community; requiring a governmental 11
entity to maintain a log with certain information; 12
requiring certain payments to transfer from the 13
governmental entity to the members of the homeowners' 14
association proportionally; requiring the governmental 15
entity or infrastructure services company to pr ocure, 16
install, and maintain major components of a workforce 17
housing unit for a certain fee; providing that such 18
fee be included in a member's monthly assessment; 19
providing that all remaining construction costs, based 20
on the design of the workforce housing unit, be paid 21
for with resident provided capital; requiring the 22
governmental entity and, if applicable, an 23
infrastructure services company to approve all 24
workforce housing unit designs; providing that a 25
HB 665 2023
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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
resident is responsible for upkeep of certain 26
components; authorizing a resident to sell his or her 27
interest in a workforce housing unit to certain 28
persons; requiring that certain major components be 29
excluded from the purchase transaction of a workforce 30
housing unit and for excluded components to be clearly 31
disclosed to specified persons; authorizing certain 32
costs to be deducted from the gross proceeds of a sale 33
before a resident transfers payment; authorizing a 34
governmental entity to adopt and maintain certain 35
laws, ordinances, rules, or other measures; pro viding 36
an effective date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Section 163.212, Florida Statutes, is created 41
to read: 42
163.212 Workforce housing communities. — 43
(1)(a) The Legislature finds that there is a public need 44
for workforce housing in the state and that it is in the 45
public's interest for the state to provide options for the 46
construction of such workforce housing. 47
(b) The Legislature finds that the best way to provide for 48
the construction of safe, convenie nt, and economical workforce 49
housing is by working with governmental entities. 50
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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
(2) For purposes of this section, the term: 51
(a) "Basic site infrastructure" means local government and 52
state-approved improvements for roads, sewers, water, electric, 53
gas, lighting, streets, parks, ingress and egress, and common 54
area facilities. 55
(b) "Community" has the same meaning as in s. 720.301. 56
(c) "Governing documents" has the same meaning as in s. 57
720.301. 58
(d) "Governmental entity" includes an agency of the state , 59
a regional or a local government created by the State 60
Constitution or by general or special act, any county or 61
municipality, or any other entity that independently exercises 62
governmental authority. 63
(e) "Homeowners' association" or "association" means t he 64
governmental entity that donated the land to create the 65
community and that is responsible for the operation and 66
obligations of the community until such time as the governmental 67
entity transitions control to the members of the association. 68
(f) "Infrastructure services company" means a company that 69
enters into a contract with a governmental entity to provide 70
basic site infrastructure or major components. 71
(g) "Major components" means those components of a 72
workforce housing unit necessary for the health and safety of 73
the person living in such unit, including, but not limited to, 74
body and frame construction, HVAC systems, roof coverings, 75
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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
exterior windows, electrical panels, exterior plumbing and 76
sewer, and irrigation systems. 77
(h) "Member" has the same meaning as in s. 720.301. 78
(i) "Parcel" has the same meaning as in s. 720.301. 79
(j) "Resident" means a person qualified to live in the 80
community as determined by the association and the governing 81
documents of the community. 82
(k) "Resident interest perce ntage" means the resident's 83
percentage of ownership of the workforce housing unit, 84
calculated as resident provided capital divided by the unit 85
gross cost. 86
(l) "Resident provided capital" means funds provided by a 87
resident to pay for the interior finishin gs of the workforce 88
housing unit, including, but not limited to, finished flooring 89
and floor coverings, wall covering, vanities, water closets, 90
water heaters, tubs and shower enclosures, lavatories, kitchens, 91
and counters. 92
(m) "Unit gross cost" means the sum of the following costs 93
for an individual workforce housing unit: 94
1. Land value. 95
2. Basic site infrastructure. 96
3. Major components. 97
4. Resident provided capital. 98
(n) "Workforce housing unit" means a single -family 99
dwelling, duplex, triplex, qu adruplex, or multi-unit 100
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condominium. 101
(3) A governmental entity shall develop the initial 102
governing documents of the association and record them in the 103
official records of the county in which the community is 104
located. The governing documents must include all of the 105
following: 106
(a) The requirements to transition control of the 107
association from the governmental entity to its members. 108
(b) The required monthly assessment to the members. 109
(c) The requirements to become a resident of the 110
community, which mus t conform with applicable anti -111
discrimination laws. 112
(d) The requirement that at closing each resident must 113
receive documentation stating the unit gross cost and the 114
resident interest percentage. 115
(4) A governmental entity may donate land, provide 116
funding, and construct the basic site infrastructure for a 117
workforce housing community or receive and solicit proposals for 118
and enter into contracts with infrastructure services companies 119
to construct the basic site infrastructure for a workforce 120
housing community. 121
(5) A governmental entity must maintain a log of all of 122
the following: 123
(a) The value of the land that the governmental entity 124
donates for the workforce housing community. 125
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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
(b) The funds required for basic site infrastructure. 126
(c) The funds requi red for the major components of each 127
workforce housing unit. 128
(6) If a governmental entity enters into a contract with 129
an infrastructure services company for the construction of a 130
workforce housing community, as parcels in the community are 131
sold, the monthly usage, availability, and capacity payments 132
charged by the infrastructure services company will transfer 133
from the governmental entity to the members of the association 134
proportionally. 135
(7) A governmental entity or an infrastructure services 136
company under contract with a governmental entity shall procure, 137
install, and maintain the major components of the workforce 138
housing unit and keep them in a state of good repair for a 139
monthly fee. The fee, adjusted for conservative delinquency 140
rates, must be included in a member's monthly assessment. 141
(8) All remaining construction costs of the workforce 142
housing unit must be paid for with resident provided capital. 143
The amount of resident provided capital required is dependent on 144
the design of the workforce housing un it, which must be approved 145
by the governmental entity and, if applicable, the 146
infrastructure services company. A resident is responsible for 147
the upkeep of all components of the workforce housing unit that 148
are not provided by a governmental entity or an inf rastructure 149
services company. 150
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(9) A resident may sell his or her interest in a workforce 151
housing unit to another person who is qualified to be a resident 152
of the workforce housing community. 153
(10)(a) The major components provided by an infrastructure 154
services company must be excluded from the purchase transaction 155
of the workforce housing unit. The association must clearly 156
disclose to a resident, an underwriter, and a title company all 157
of the major components that are excluded. At closing, the 158
association must also provide to each resident documentation 159
stating the unit gross cost and the resident interest 160
percentage. 161
(b) The gross proceeds of the sale of a workforce housing 162
unit may be appropriately reduced by the real estate transaction 163
costs, title insurance, and outstanding lien and mortgage 164
amounts before a resident transfers payment for the workforce 165
housing unit. 166
(11) A governmental entity may adopt and maintain in 167
effect any law, ordinance, rule, or other measure that is 168
adopted for the purpose o f implementing this section. 169
Section 2. This act shall take effect July 1, 2023. 170