Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 132
                        Barcode 471350
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: 2/AD/2R          .                    
       05/02/2006 02:35 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 72, lines 1-27, delete those lines
15  
16  and insert:  
17         Section 25.  Affordable housing land donation density
18  bonus incentives.--
19         (1)  A local government may provide density bonus
20  incentives pursuant to the provisions of this section to any
21  landowner who voluntarily donates fee simple interest in real
22  property to the local government for the purpose of assisting
23  the local government in providing affordable housing. Donated
24  real property must be determined by the local government to be
25  appropriate for use as affordable housing and must be subject
26  to deed restrictions to ensure that the property will be used
27  for affordable housing.
28         (2)  For purposes of this section, the terms
29  "affordable," "extremely-low-income persons," "low-income
30  persons," "moderate-income persons," and "very-low-income
31  persons," have the same meaning as in s. 420.0004, Florida
                                  1
    2:37 PM   05/01/06                             s0132c2c-21-j02

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 132 Barcode 471350 1 Statutes. 2 (3) The density bonus may be applied to any land 3 within the local government's jurisdiction provided that 4 residential use is an allowable use on the receiving land. 5 (4) The density bonus, identification of receiving 6 land for the bonus, and any other conditions associated with 7 the donation of the land for affordable housing are the 8 subject of review and approval by the local government. The 9 award of density bonus pursuant to this section, the legal 10 description of the land receiving the bonus, and any other 11 conditions associated with the bonus shall be memorialized in 12 a development agreement or other binding agreement and 13 recorded with the clerk of court in the county where the 14 donated land and receiving land are located. 15 (5) The local government, as part of the approval 16 process, shall adopt a comprehensive plan amendment, pursuant 17 to part II of chapter 163, Florida Statutes, for the receiving 18 land that incorporates the density bonus. Such amendment shall 19 be adopted in the manner as required for small-scale 20 amendments pursuant to s. 163.3187, Florida Statutes, is not 21 subject to the requirements of s. 163.3184(3)-(6), Florida 22 Statutes, and is exempt from the limitation on the frequency 23 of plan amendments as provided in s. 163.3187, Florida 24 Statutes. 25 (6) The deed restrictions required pursuant to 26 subsection (1) for an affordable housing unit must also 27 prohibit the unit from being sold at a price that exceeds the 28 threshold for housing that is affordable for low-income or 29 moderate-income persons or to a buyer who is not eligible due 30 to his or her income under chapter 420, Florida Statutes. The 31 deed restriction may allow affordable housing units created 2 2:37 PM 05/01/06 s0132c2c-21-j02
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 132 Barcode 471350 1 under subsection (1) to be rented to extremely-low-income, 2 very-low-income, low-income, or moderate-income persons. 3 (7) The local government may transfer all or a portion 4 of the donated land to a nonprofit housing organization, such 5 as a community land trust, housing authority, or community 6 redevelopment agency, to be used for the production and 7 preservation of permanently affordable housing. 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 5, lines 14-17, delete those lines 13 14 and insert: 15 instructional personnel; authorizing local 16 governments to provide density bonus incentives 17 to landowners who donate fee simple interest in 18 real property to the local government for the 19 purpose of assisting the local government in 20 providing affordable housing; providing 21 definitions and requirements governing such 22 donations and density bonuses; reenacting ss. 23 24 25 26 27 28 29 30 31 3 2:37 PM 05/01/06 s0132c2c-21-j02