Florida Statute 420.5095 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXX
SOCIAL WELFARE

Chapter 420
HOUSING

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420.5095 Community Workforce Housing Loan Program.—

(1) The Legislature finds and declares that recent rapid increases in the median purchase price of a home and the cost of rental housing have far outstripped the increases in median income in the state, creating the need for innovative solutions for the provision of housing opportunities.

(2) The Community Workforce Housing Loan Program is created to provide workforce housing for persons affected by the high cost of housing.

(3) For purposes of this section, the term “workforce housing” means housing affordable to natural persons or families whose total annual household income does not exceed 80 percent of the area median income, adjusted for household size, or 120 percent of area median income, adjusted for household size, in areas of critical state concern designated under s. 380.05, for which the Legislature has declared its intent to provide affordable housing, and areas that were designated as areas of critical state concern for at least 20 consecutive years before removal of the designation.

(4) The Florida Housing Finance Corporation is authorized to provide loans under the program to applicants for construction of workforce housing.

(5) The corporation shall establish a loan application process under s. 420.5087.

(6) Projects must be given priority consideration for funding if the local jurisdiction has adopted, or is committed to adopting, appropriate regulatory incentives, local contributions or financial strategies, or other funding sources to promote the development and ongoing financial viability of such projects. Local incentives include such actions as expediting review of development orders and permits, supporting development near transportation hubs and major employment centers, and adopting land development regulations designed to allow flexibility in densities, use of accessory units, mixed-use developments, and flexible lot configurations. Financial strategies include such actions as promoting employer-assisted housing programs, providing tax increment financing, and providing land.

(7) The corporation shall award loans with a 1 percent interest rate for a term that does not exceed 15 years.

(8) The corporation may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section.

History.—ss. 47, 53, ch. 2006-26; s. 27, ch. 2006-69; s. 15, ch. 2007-198; s. 116, ch. 2008-4; s. 64, ch. 2011-139; s. 332, ch. 2011-142; s. 12, ch. 2019-165; s. 15, ch. 2020-27.

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Amendments to 420.5095

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Cases Citing Statute 420.5095

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Creative Choice Xxv, Ltd. v. Florida Hous. Fin. Corp., 991 So. 2d 899 (Fla. 1st DCA 2008).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 10949, 2008 WL 2755165

...Creative Choice XXV, Ltd., (Creative Choice) appeals Florida Housing Finance Corporation's (FHFC's) order denying its request for Community Workforce Housing Innovation Pilot Program (CWHIPP) funding on grounds Creative Choice's loan application was ineligible for consideration pursuant to section 420.5095(4), Florida Statutes (2006)....

...FC loan would "allow the development to provide housing [rented and owned] at payments that do not exceed 30% of an eligible household's income." FHFC determined that Creative Choice's request for funding was ineligible for consideration pursuant to section 420.5095(4), Florida Statutes (2006), because the housing was "already built." FHFC did not score or in any other way further evaluate the loan application Creative Choice made in response to the request for proposals....

...In the absence of any dispute of material fact, an informal hearing ensued which led to FHFC's final order concluding that FHFC had acted within the parameters of the statute and applicable rules in determining that Creative Choice's project was ineligible for consideration for CWHIPP funding. Section 420.5095 governs FHFC's administration of CWHIPP....

...At the outset, we acknowledge that "[a]n agency's interpretation of the statute that it is charged with enforcing is entitled to great deference." Level 3 Commc'ns, LLC v. Jacobs, 841 So.2d 447, 450 (Fla.2003) (citing BellSouth Telecomms., Inc. v. Johnson, 708 So.2d 594, 596 (Fla.1998)). Section 420.5095 provides, in pertinent part: (4) The Florida Housing Finance Corporation is authorized to provide Community Workforce Housing Innovation Pilot Program loans to an applicant for construction or rehabilitation of workforce housing in eligible areas....

...ments and those that promote homeownership.... ... (11) Projects may include manufactured housing constructed after June 1994 and installed in accordance with mobile home installation standards of the Department of Highway Safety and Motor Vehicles. § 420.5095, Fla....

...In addition, subsection (11) contemplates projects that include manufactured housing constructed after June 1994. This, too, militates in favor of reading the statute so that existing construction, at least manufactured housing completed after June 1994, may be considered for CWHIPP funding. In short, we are unable to read section 420.5095(4), Florida Statutes (2006), as forbidding consideration of existing construction without doing violence to the meaning of the statute as a whole....

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