Senate Bill sb1132e2

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    SB 1132                                       Second Engrossed



  1                      A bill to be entitled

  2         An act relating to the use and disposition of

  3         real and personal property; amending s. 125.35,

  4         F.S.; providing an alternative procedure for

  5         the sale or disposition of certain property by

  6         boards of county commissioners; amending ss.

  7         125.568, 166.048, 255.259, 335.167, 373.185,

  8         F.S.; redefining the term "Xeriscape";

  9         prohibiting certain restrictions on the

10         practice of Xeriscape; amending s. 373.62,

11         F.S.; providing for the operation and

12         maintenance of rain sensor devices; amending s.

13         720.3075, F.S.; prohibiting homeowners'

14         associations from restricting the practice of

15         Xeriscape; amending s. 197.502, F.S.; amending

16         procedures that apply if there are no bidders

17         at a public sale of property against which tax

18         certificates are held; prescribing the period

19         during which interest on the opening bid

20         continues to accrue; amending s. 197.512, F.S.;

21         providing an exception to certain recording

22         duties of the clerk; amending s. 197.542, F.S.;

23         revising procedures relating to the sale at

24         public auction of lands on which an application

25         for tax deed has been obtained; requiring the

26         high bidder to post a nonrefundable cash

27         deposit at the time of the sale; amending s.

28         129.06, F.S.; providing a procedure by which

29         counties may amend a prior year's budget;

30         amending s. 125.0108, F.S.; providing that the

31         tourist impact tax that is authorized to be


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    SB 1132                                       Second Engrossed



  1         levied in an area of critical state concern in

  2         certain counties may be levied throughout the

  3         entire county, subject to referendum approval,

  4         if the area of critical state concern is

  5         greater than 50 percent of the area of the

  6         county; amending s. 125.0104, F.S.; authorizing

  7         certain counties to continue using a tourist

  8         development tax after retirement of applicable

  9         bonds under certain circumstances; creating s.

10         166.0415, F.S.; allowing municipalities to

11         adopt certain laws, ordinances, rules, or other

12         measures for increasing the supply of

13         affordable housing; creating s. 125.01055,

14         F.S.; allowing counties to adopt certain laws,

15         ordinances, rules, or other measures for

16         increasing the supply of affordable housing;

17         providing effective dates.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Section 125.35, Florida Statutes, is

22  amended to read:

23         125.35  County authorized to sell real and personal

24  property and to lease real property.--

25         (1)(a)  The board of county commissioners is expressly

26  authorized to sell and convey any real or personal property,

27  and to lease real property, belonging to the county, whenever

28  the board determines that it is to the best interest of the

29  county to do so, to the highest and best bidder for the

30  particular use the board deems to be the highest and best, for

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    SB 1132                                       Second Engrossed



  1  such length of term and such conditions as the governing body

  2  may in its discretion determine.

  3         (b)  Notwithstanding the provisions of paragraph (a),

  4  the Board of County Commissioners is expressly authorized to:

  5         1.  Negotiate the lease of an airport or seaport

  6  facility;

  7         2.  Modify or extend an existing lease of real property

  8  for an additional term not to exceed 25 years, where the

  9  improved value of the lease has an appraised value in excess

10  of $20 million; or

11         3.  Lease a professional sports franchise facility

12  financed by revenues received pursuant to s. 125.0104 or s.

13  212.20;

14

15  under such terms and conditions as negotiated by the board.

16         (c)  No sale of any real property shall be made unless

17  notice thereof is published once a week for at least 2 weeks

18  in some newspaper of general circulation published in the

19  county, calling for bids for the purchase of the real estate

20  so advertised to be sold.  In the case of a sale, the bid of

21  the highest bidder complying with the terms and conditions set

22  forth in such notice shall be accepted, unless the board of

23  county commissioners rejects all bids because they are too

24  low.  The board of county commissioners may require a deposit

25  to be made or a surety bond to be given, in such form or in

26  such amount as the board determines, with each bid submitted.

27         (2)  When the board of county commissioners finds that

28  a parcel of real property is of insufficient size and shape to

29  be issued a building permit for any type of development to be

30  constructed on the property or when the board of county

31  commissioners finds that the value of a parcel of real


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    SB 1132                                       Second Engrossed



  1  property is $15,000 or less, as determined by a fee appraiser

  2  designated by the board or as determined by the county

  3  property appraiser, and when, due to the size, shape,

  4  location, and value of the parcel, it is determined by the

  5  board that the parcel is of use only to one or more adjacent

  6  property owners, the board may effect a private sale of the

  7  parcel. The board may, after sending notice of its intended

  8  action to owners of adjacent property by certified mail,

  9  effect a sale and conveyance of the parcel at private sale

10  without receiving bids or publishing notice; however, if,

11  within 10 working days after receiving such mailed notice, two

12  or more owners of adjacent property notify the board of their

13  desire to purchase the parcel, the board shall accept sealed

14  bids for the parcel from such property owners and may convey

15  such parcel to the highest bidder or may reject all offers.

16         (3)  As an alternative to subsections (1) and (2), the

17  board of county commissioners may by ordinance prescribe

18  disposition standards and procedures to be used by the county

19  in selling and conveying any real or personal property and in

20  leasing real property owned by the county. The standards and

21  procedures must provide at a minimum for:

22         (a)  Establishment of competition and qualification

23  standards upon which disposition will be determined.

24         (b)  Reasonable public notice of the intent to consider

25  disposition of county property and the availability of copies

26  of the standards. Reasonableness of the notice is to be

27  determined by the efficacy and efficiency of the means of

28  communication used.

29         (c)  Identification of the form and manner by which an

30  interested person may acquire county property.

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    SB 1132                                       Second Engrossed



  1         (d)  Types of negotiation procedures applicable to the

  2  selection of a person to whom county properties may be

  3  disposed.

  4         (e)  The manner in which interested persons will be

  5  notified of the board's intent to consider final action at a

  6  regular meeting of the board on the disposition of a property

  7  and the time and manner for making objections.

  8         (f)  Adherence in the disposition of real property to

  9  the governing comprehensive plan and zoning ordinances.

10         Section 2.  Section 125.568, Florida Statutes, is

11  amended to read:

12         125.568  Conservation of water; Xeriscape.--

13         (1)(a)  The Legislature finds that Xeriscape

14  contributes to the conservation of water.  In an effort to

15  meet the water needs of this state in a manner that will

16  supply adequate and dependable supplies of water where needed,

17  it is the intent of the Legislature that Xeriscape be an

18  essential part of water conservation planning.

19         (b)  "Xeriscape" or "Florida friendly landscape" means

20  quality landscapes that conserve water and protect the

21  environment and are adaptable to local conditions and which

22  are drought tolerant a landscaping method that maximizes the

23  conservation of water by the use of site-appropriate plants

24  and an efficient watering system.  The principles of Xeriscape

25  include planning and design, appropriate choice of plants,

26  soil analysis which may include the use of solid waste

27  compost, practical use of turf, efficient irrigation,

28  appropriate use of mulches, and proper maintenance.

29         (2)  By October 1, 1992, The board of county

30  commissioners of each county shall consider enacting

31  ordinances requiring the use of Xeriscape as a water


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    SB 1132                                       Second Engrossed



  1  conservation measure. If the board determines that Xeriscape

  2  would be of significant benefit as a water conservation

  3  measure relative to the cost to implement Xeriscape

  4  landscaping in its area of jurisdiction, the board shall enact

  5  a Xeriscape ordinance.  Further, the board of county

  6  commissioners shall consider promoting Xeriscape as a water

  7  conservation measure by:  using Xeriscape in, around, or near

  8  facilities, parks, and other common areas under its

  9  jurisdiction which are landscaped after the effective date of

10  this act; providing public education on Xeriscape, its uses as

11  a water conservation tool, and its long-term

12  cost-effectiveness; and offering incentives to local residents

13  and businesses to implement Xeriscape landscaping.

14         (3)  A deed restriction or covenant entered after

15  October 1, 2001, or local government ordinance may not

16  prohibit any property owner from implementing Xeriscape or

17  Florida friendly landscape on his or her land.

18         Section 3.  Section 166.048, Florida Statutes, is

19  amended to read:

20         166.048  Conservation of water; Xeriscape.--

21         (1)(a)  The Legislature finds that Xeriscape

22  contributes to the conservation of water.  In an effort to

23  meet the water needs of this state in a manner that will

24  supply adequate and dependable supplies of water where needed,

25  it is the intent of the Legislature that Xeriscape be an

26  essential part of water conservation planning.

27         (b)  "Xeriscape" or "Florida friendly landscape" means

28  quality landscapes that conserve water and protect the

29  environment and are adaptable to local conditions and which

30  are drought tolerant a landscaping method that maximizes the

31  conservation of water by the use of site-appropriate plants


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    SB 1132                                       Second Engrossed



  1  and an efficient watering system.  The principles of Xeriscape

  2  include planning and design, appropriate choice of plants,

  3  soil analysis which may include the use of solid waste

  4  compost, practical use of turf, efficient irrigation,

  5  appropriate use of mulches, and proper maintenance.

  6         (2)  By October 1, 1992, The governing body of each

  7  municipality shall consider enacting ordinances requiring the

  8  use of Xeriscape as a water conservation measure.  If the

  9  governing body determines that Xeriscape would be of

10  significant benefit as a water conservation measure relative

11  to the cost to implement Xeriscape landscaping in its area of

12  jurisdiction in the municipality, the board shall enact a

13  Xeriscape ordinance. Further, the governing body shall

14  consider promoting Xeriscape as a water conservation measure

15  by:  using Xeriscape in, around, or near facilities, parks,

16  and other common areas under its jurisdiction which are

17  landscaped after the effective date of this act; providing

18  public education on Xeriscape, its uses as a water

19  conservation tool, and its long-term cost-effectiveness; and

20  offering incentives to local residents and businesses to

21  implement Xeriscape landscaping.

22         (3)  A deed restriction or covenant entered after

23  October 1, 2001, or local government ordinance may not

24  prohibit any property owner from implementing Xeriscape or

25  Florida friendly landscape on his or her land.

26         Section 4.  Subsection (4) is added to section 255.259,

27  Florida Statutes, to read:

28         255.259  Xeriscape landscaping on public property.--

29         (4)  A deed restriction or covenant entered after

30  October 1, 2001, or local government ordinance may not

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    SB 1132                                       Second Engrossed



  1  prohibit any property owner from implementing Xeriscape or

  2  Florida friendly landscape on his or her land.

  3         Section 5.  Section 335.167, Florida Statutes, is

  4  amended to read:

  5         335.167  State highway construction and maintenance;

  6  Xeriscape landscaping in rights-of-way.--

  7         (1)  The department shall use and require the use of

  8  Xeriscape practices, as defined in s. 373.185(1), in the

  9  construction and maintenance of all new state highways,

10  wayside parks, access roads, welcome stations, and other state

11  highway rights-of-way constructed upon or acquired after June

12  30, 1992. The department shall develop a 5-year program for

13  phasing in the use of Xeriscape, including the use of solid

14  waste compost, in state highway rights-of-way constructed upon

15  or acquired before July 1, 1992.  In accomplishing these

16  tasks, the department shall employ the guidelines set out in

17  s. 373.185(2)(a)-(f).

18         (2)  A deed restriction or covenant entered after

19  October 1, 2001, or local government ordinance may not

20  prohibit any property owner from implementing Xeriscape or

21  Florida friendly landscape on his or her land.

22         Section 6.  Section 373.62, Florida Statutes, is

23  amended to read:

24         373.62  Water conservation; automatic sprinkler

25  systems.--Any person who purchases and installs an automatic

26  lawn sprinkler system after May 1, 1991, shall install, and

27  must maintain and operate, a rain sensor device or switch that

28  which will override the irrigation cycle of the sprinkler

29  system when adequate rainfall has occurred.

30         Section 7.  Section 373.185, Florida Statutes, is

31  amended to read:


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    SB 1132                                       Second Engrossed



  1         373.185  Local Xeriscape ordinances.--

  2         (1)  As used in this section, the term:

  3         (a)  "Local government" means any county or

  4  municipality of the state.

  5         (b)  "Xeriscape" or "Florida friendly landscape" means

  6  quality landscapes that conserve water and protect the

  7  environment and are adaptable to local conditions and which

  8  are drought tolerant a landscaping method that maximizes the

  9  conservation of water by the use of site-appropriate plants

10  and an efficient watering system. The principles of Xeriscape

11  include planning and design, appropriate choice of plants,

12  soil analysis which may include the use of solid waste

13  compost, efficient irrigation, practical use of turf,

14  appropriate use of mulches, and proper maintenance.

15         (2)  Each water management district shall design and

16  implement an incentive program to encourage all local

17  governments within its district to adopt new ordinances or

18  amend existing ordinances to require Xeriscape landscaping for

19  development permitted after the effective date of the new

20  ordinance or amendment.  Each district shall adopt rules

21  governing the implementation of its incentive program and

22  governing the review and approval of local government

23  Xeriscape ordinances or amendments which are intended to

24  qualify a local government for the incentive program.  Each

25  district shall assist the local governments within its

26  jurisdiction by providing a model Xeriscape code and other

27  technical assistance.  A local government Xeriscape ordinance

28  or amendment, in order to qualify the local government for a

29  district's incentive program, must include, at a minimum:

30         (a)  Landscape design, installation, and maintenance

31  standards that result in water conservation.  Such standards


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  1  shall address the use of plant groupings, soil analysis

  2  including the promotion of the use of solid waste compost,

  3  efficient irrigation systems, and other water-conserving

  4  practices.

  5         (b)  Identification of prohibited invasive exotic plant

  6  species.

  7         (c)  Identification of controlled plant species,

  8  accompanied by the conditions under which such plants may be

  9  used.

10         (d)  A provision specifying the maximum percentage of

11  turf and the maximum percentage of impervious surfaces allowed

12  in a xeriscaped area and addressing the practical selection

13  and installation of turf.

14         (e)  Specific standards for land clearing and

15  requirements for the preservation of existing native

16  vegetation.

17         (f)  A monitoring program for ordinance implementation

18  and compliance.

19

20  The districts also shall work with local governments to

21  promote, through educational programs and publications, the

22  use of Xeriscape practices, including the use of solid waste

23  compost, in existing residential and commercial development.

24  This section may not be construed to limit the authority of

25  the districts to require Xeriscape ordinances or practices as

26  a condition of any consumptive use permit.

27         (3)  A deed restriction or covenant entered after

28  October 1, 2001, or local government ordinance may not

29  prohibit any property owner from implementing Xeriscape or

30  Florida friendly landscape on his or her land.

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    SB 1132                                       Second Engrossed



  1         Section 8.  Section 720.3075, Florida Statutes, is

  2  amended to read:

  3         720.3075  Prohibited clauses in association

  4  documents.--

  5         (1)  It is declared that the public policy of this

  6  state prohibits the inclusion or enforcement of certain types

  7  of clauses in homeowners' association documents, including

  8  declaration of covenants, articles of incorporation, bylaws,

  9  or any other document of the association which binds members

10  of the association, which either have the effect of or provide

11  that:

12         (a)  A developer has the unilateral ability and right

13  to make changes to the homeowners' association documents after

14  the transition of homeowners' association control in a

15  community from the developer to the nondeveloper members, as

16  set forth in s. 720.307, has occurred.

17         (b)  A homeowners' association is prohibited or

18  restricted from filing a lawsuit against the developer, or the

19  homeowners' association is otherwise effectively prohibited or

20  restricted from bringing a lawsuit against the developer.

21         (c)  After the transition of homeowners' association

22  control in a community from the developer to the nondeveloper

23  members, as set forth in s. 720.307, has occurred, a developer

24  is entitled to cast votes in an amount that exceeds one vote

25  per residential lot.

26

27  Such clauses are declared null and void as against the public

28  policy of this state.

29         (2)  The public policy described in subsection (1)

30  prohibits the inclusion or enforcement of such clauses created

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    SB 1132                                       Second Engrossed



  1  on or after the effective date of s. 3, chapter 98-261, Laws

  2  of Florida.

  3         (3)  Homeowners' association documents, including

  4  declarations of covenants, articles of incorporation, or

  5  bylaws, may not preclude the display of one United States flag

  6  by property owners. However, the flag must be displayed in a

  7  respectful way and may be subject to reasonable standards for

  8  size, placement, and safety, as adopted by the homeowners'

  9  association, consistent with Title 36 U.S.C. chapter 10 and

10  any local ordinances.

11         (4)  Homeowners' association documents, including

12  declarations of covenants, articles of incorporation or

13  bylaws, entered after October 1, 2001, may not prohibit any

14  property owner from implementing Xeriscape or Florida friendly

15  landscape, as defined in s. 373.185(1), on his or her land.

16         Section 9.  Subsection (7) of section 197.502, Florida

17  Statutes, is amended to read:

18         197.502  Application for obtaining tax deed by holder

19  of tax sale certificate; fees.--

20         (7)  On county-held certificates for which If there are

21  no bidders at the public sale, the clerk shall enter the land

22  on a list entitled "lands available for taxes" and shall

23  immediately notify the county commission and all other persons

24  holding certificates against the land that the land is

25  available. During the first 90 days after the land is placed

26  on the list of lands available for taxes, the county may

27  purchase the land for the opening bid.  Thereafter, any

28  person, the county, or any other governmental unit may

29  purchase the land from the clerk, without further notice or

30  advertising, for the opening bid, except that when the county

31  or other governmental unit is the purchaser for its own use,


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  1  the board of county commissioners may cancel omitted years'

  2  taxes, as provided under s. 197.447. Interest on the opening

  3  bid continues to accrue through the month of sale as

  4  prescribed by s. 197.542.

  5         Section 10.  Subsection (3) of section 197.512, Florida

  6  Statutes, is amended to read:

  7         197.512  Notice, form of publication for obtaining tax

  8  deed by holder.--

  9         (3)  Except when the land is redeemed according to law

10  Upon ultimate disposition of the application for a tax deed,

11  the clerk shall record enter his or her certificate of notice

12  and his or her certificate of advertising in the public

13  records of the county with such other relevant documents as

14  may be required by the department.

15         Section 11.  Section 197.542, Florida Statutes, is

16  amended to read:

17         197.542  Sale at public auction.--

18         (1)  The lands advertised for sale to the highest

19  bidder as a result of an application filed under s. 197.502

20  shall be sold at public auction by the clerk of the circuit

21  court, or his or her deputy, of the county where the lands are

22  located on the date, at the time, and at the location as set

23  forth in the published notice, which shall be during the

24  regular hours the clerk's office is open.  At the time and

25  place, the clerk shall read the notice of sale and shall offer

26  the lands described in the notice for sale to the highest

27  bidder for cash at public outcry. The amount required to

28  redeem the tax certificate, plus the amounts paid by the

29  holder to the clerk of the circuit court in charges for costs

30  of sale, redemption of other tax certificates on the same

31  lands, and all other costs to the applicant for tax deed, plus


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  1  interest thereon at the rate of 1.5 percent per month for the

  2  period running from the month after the date of application

  3  for the deed through the month of sale and costs incurred for

  4  the service of notice provided for in s. 197.522(2), shall be

  5  considered the bid of the certificateholder for the property.

  6  However, if the land to be sold is assessed on the latest tax

  7  roll as homestead property, the bid of the certificateholder

  8  shall be increased to include an amount equal to one-half of

  9  the assessed value of the homestead property as required by s.

10  197.502.  If there are no higher bids, the land shall be

11  struck off and sold to the certificateholder, who shall

12  forthwith pay to the clerk the documentary stamp tax and

13  recording fees due, and a tax deed shall thereupon be issued

14  and recorded by the clerk.

15         (2)  If there are other bids, the certificateholder

16  shall have the right to bid as others present may bid, and the

17  property shall be struck off and sold to the highest bidder.

18  The high bidder shall post with the clerk a nonrefundable cash

19  deposit of $200 at the time of the sale, to be applied to the

20  sale price at the time of full payment. Notice of this deposit

21  requirement shall be posted at the auction site, and the clerk

22  may require that bidders show their willingness and ability to

23  post the cost deposit. If full payment of the final bid and of

24  documentary stamp tax and recording fees is not made within 24

25  hours, excluding weekends and legal holidays, the clerk shall

26  cancel all bids, readvertise the sale as provided in this

27  section, and pay all costs of the sale from the deposit. Any

28  remaining funds must be applied toward the opening bid. The

29  clerk may refuse to recognize the bid of any person who has

30  previously bid and refused, for any reason, to honor such bid.

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  1         (3)(2)  The clerk of the circuit court shall demand

  2  immediate payment of an amount equal to the highest bid plus

  3  applicable documentary stamp taxes and recording fees. If full

  4  payment is not received by the clerk within 24 hours after the

  5  advertised time of the sale, the clerk shall cancel the bids

  6  and readvertise the property for sale. If the sale is canceled

  7  for any reason, the clerk shall immediately readvertise the

  8  sale to be held no later than 30 days after from the date the

  9  sale was canceled. Only one advertisement is shall be

10  necessary. No further notice is shall be required. The amount

11  of the statutory (opening) bid shall be increased by the cost

12  of advertising, additional clerk's fees as provided for in s.

13  28.24(26), and interest as provided for in subsection (1).

14  The clerk shall receive full payment prior to the issuance of

15  the tax deed.

16         Section 12.  Section 129.06, Florida Statutes, is

17  amended to read:

18         129.06  Execution and amendment of budget.--

19         (1)  Upon the final adoption of the budgets as provided

20  in this chapter, the budgets so adopted shall regulate the

21  expenditures of the county and each special district included

22  within the county budget, and the itemized estimates of

23  expenditures shall have the effect of fixed appropriations and

24  shall not be amended, altered, or exceeded except as provided

25  in this chapter.

26         (a)  The modified-accrual basis or accrual basis of

27  accounting must be followed for all funds in accordance with

28  generally accepted accounting principles.

29         (b)  The cost of the investments provided in this

30  chapter, or the receipts from their sale or redemption, must

31  not be treated as expense or income, but the investments on


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  1  hand at the beginning or end of each fiscal year must be

  2  carried as separate items at cost in the fund balances;

  3  however, the amounts of profit or loss received on their sale

  4  must be treated as income or expense, as the case may be.

  5         (2)  The board at any time within a fiscal year may

  6  amend a budget for that year, and may within the first 60 days

  7  of a fiscal year amend the budget for the prior fiscal year,

  8  as follows:

  9         (a)  Appropriations for expenditures in any fund may be

10  decreased and other appropriations in the same fund

11  correspondingly increased by motion recorded in the minutes,

12  provided that the total of the appropriations of the fund may

13  not be changed.  The board of county commissioners, however,

14  may establish procedures by which the designated budget

15  officer may authorize certain intradepartmental budget

16  amendments, provided that the total appropriation of the

17  department may not be changed.

18         (b)  Appropriations from the reserve for contingencies

19  may be made to increase the appropriation for any particular

20  expense in the same fund, or to create an appropriation in the

21  fund for any lawful purpose, but expenditures may not be

22  charged directly to the reserve for contingencies.

23         (c)  The reserve for future construction and

24  improvements may be appropriated by resolution of the board

25  for the purposes for which the reserve was made.

26         (d)  A receipt of a nature from a source not

27  anticipated in the budget and received for a particular

28  purpose, including but not limited to grants, donations,

29  gifts, or reimbursement for damages, may, by resolution of the

30  board spread on its minutes, be appropriated and expended for

31  that purpose, in addition to the appropriations and


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    SB 1132                                       Second Engrossed



  1  expenditures provided for in the budget. Such receipts and

  2  appropriations must be added to the budget of the proper fund.

  3  The resolution may amend the budget to transfer revenue

  4  between funds to properly account for unanticipated revenue.

  5         (e)  Increased receipts for enterprise or proprietary

  6  funds received for a particular purpose may, by resolution of

  7  the board spread on its minutes, be appropriated and expended

  8  for that purpose, in addition to the appropriations and

  9  expenditures provided for in the budget.  The resolution may

10  amend the budget to transfer revenue between funds to properly

11  account for increased receipts.

12         (f)  If an amendment to a budget is required for a

13  purpose not specifically authorized in paragraphs (a)-(e),

14  unless otherwise prohibited by law, the amendment may be

15  authorized by resolution or ordinance of the board of county

16  commissioners adopted following a public hearing.  The public

17  hearing must be advertised at least 2 days, but not more than

18  5 days, before the date of the hearing. The advertisement must

19  appear in a newspaper of paid general circulation and must

20  identify the name of the taxing authority, the date, place,

21  and time of the hearing, and the purpose of the hearing.  The

22  advertisement must also identify each budgetary fund to be

23  amended, the source of the funds, the use of the funds, and

24  the total amount of each budget.

25         (3)  Only the following transfers may be made between

26  funds:

27         (a)  Transfers to correct errors in handling receipts

28  and disbursements.

29         (b)  Budgeted transfers.

30         (c)  Transfers to properly account for unanticipated

31  revenue or increased receipts.


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    SB 1132                                       Second Engrossed



  1         (4)  All unexpended balances of appropriations at the

  2  end of the fiscal year shall revert to the fund from which the

  3  appropriation was made, but reserves for sinking funds and for

  4  future construction and improvements may not be diverted to

  5  other purposes.

  6         (5)  Any county constitutional officer whose budget is

  7  approved by the board of county commissioners, who has not

  8  been reelected to office or is not seeking reelection, shall

  9  be prohibited from making any budget amendments, transferring

10  funds between itemized appropriations, or expending in a

11  single month more than one-twelfth of any itemized approved

12  appropriation, following the date he or she is eliminated as a

13  candidate or October 1, whichever comes later, without

14  approval of the board of county commissioners.

15         Section 13.  Section 125.0108, Florida Statutes, is

16  amended to read:

17         125.0108  Areas of critical state concern; tourist

18  impact tax.--

19         (1)(a)  Subject to the provisions of this section, any

20  county creating a land authority pursuant to s. 380.0663(1) is

21  authorized to levy by ordinance, in the area or areas within

22  said county designated as an area of critical state concern

23  pursuant to chapter 380, a tourist impact tax on the taxable

24  privileges described in paragraph (b); however, if the area or

25  areas of critical state concern are greater than 50 percent of

26  the land area of the county, the tax may be levied throughout

27  the entire county. Such tax shall not be effective unless and

28  until land development regulations and a local comprehensive

29  plan that meet the requirements of chapter 380 have become

30  effective and such tax is approved by referendum as provided

31  for in subsection (5).


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    SB 1132                                       Second Engrossed



  1         (b)  It is declared to be the intent of the Legislature

  2  that every person who rents, leases, or lets for consideration

  3  any living quarters or accommodations in any hotel, apartment

  4  hotel, motel, resort motel, apartment, apartment motel,

  5  roominghouse, mobile home park, recreational vehicle park, or

  6  condominium for a term of 6 months or less, unless such

  7  establishment is exempt from the tax imposed by s. 212.03, is

  8  exercising a taxable privilege on the proceeds therefrom under

  9  this section.

10         (c)  The governing board of the county may, by passage

11  of a resolution by four-fifths vote, repeal such tax.

12         (d)  The tourist impact tax shall be levied at the rate

13  of 1 percent of each dollar and major fraction thereof of the

14  total consideration charged for such taxable privilege.  When

15  receipt of consideration is by way of property other than

16  money, the tax shall be levied and imposed on the fair market

17  value of such nonmonetary consideration.

18         (e)  The tourist impact tax shall be in addition to any

19  other tax imposed pursuant to chapter 212 and in addition to

20  all other taxes and fees and the consideration for the taxable

21  privilege.

22         (f)  The tourist impact tax shall be charged by the

23  person receiving the consideration for the taxable privilege,

24  and it shall be collected from the lessee, tenant, or customer

25  at the time of payment of the consideration for such taxable

26  privilege.

27         (2)(a)  The person receiving the consideration for such

28  taxable privilege and the person doing business within such

29  area or areas of critical state concern or within the entire

30  county, as applicable, shall receive, account for, and remit

31  the tourist impact tax to the Department of Revenue at the


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    SB 1132                                       Second Engrossed



  1  time and in the manner provided for persons who collect and

  2  remit taxes under chapter 212.  The same duties and privileges

  3  imposed by chapter 212 upon dealers in tangible property,

  4  respecting the collection and remission of tax; the making of

  5  returns; the keeping of books, records, and accounts; and

  6  compliance with the rules of the Department of Revenue in the

  7  administration of that chapter shall apply to and be binding

  8  upon all persons who are subject to the provisions of this

  9  section. However, the Department of Revenue may authorize a

10  quarterly return and payment when the tax remitted by the

11  dealer for the preceding quarter did not exceed $25.

12         (b)  The Department of Revenue shall keep records

13  showing the amount of taxes collected, which records shall

14  also include records disclosing the amount of taxes collected

15  for and from each county in which the tax imposed and

16  authorized by this section is applicable.  These records shall

17  be open for inspection during the regular office hours of the

18  Department of Revenue, subject to the provisions of s.

19  213.053.

20         (c)  Collections received by the Department of Revenue

21  from the tax, less costs of administration of this section,

22  shall be paid and returned monthly to the county and the land

23  authority in accordance with the provisions of subsection (3).

24         (d)  The Department of Revenue, under the applicable

25  rules of the Career Service Commission, is authorized to

26  employ persons and incur other expenses for which funds are

27  appropriated by the Legislature.

28         (e)  The Department of Revenue is empowered to

29  promulgate such rules and prescribe and publish such forms as

30  may be necessary to effectuate the purposes of this section.

31


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    SB 1132                                       Second Engrossed



  1  The department is authorized to establish audit procedures and

  2  to assess for delinquent taxes.

  3         (f)  The estimated tax provisions contained in s.

  4  212.11 do not apply to the administration of any tax levied

  5  under this section.

  6         (3)  All tax revenues received pursuant to this

  7  section, less administrative costs, shall be distributed as

  8  follows:

  9         (a)  Fifty percent shall be transferred to the land

10  authority to be used to purchase property in the area of

11  critical state concern for from which the revenue is

12  generated.  An amount not to exceed 5 percent may be used for

13  administration and other costs incident to such purchases.

14         (b)  Fifty percent shall be distributed to the

15  governing body of the county where the revenue was generated.

16  Such proceeds shall be used to offset the loss of ad valorem

17  taxes due to acquisitions provided for by this act.

18         (4)(a)  Any person who is taxable hereunder who fails

19  or refuses to charge and collect from the person paying for

20  the taxable privilege the taxes herein provided, either by

21  himself or herself or through agents or employees, is, in

22  addition to being personally liable for the payment of the

23  tax, guilty of a misdemeanor of the second degree, punishable

24  as provided in s. 775.082 or s. 775.083.

25         (b)  No person shall advertise or hold out to the

26  public in any manner, directly or indirectly, that he or she

27  will absorb all or any part of the tax; that he or she will

28  relieve the person paying for the taxable privilege of the

29  payment of all or any part of the tax; or that the tax will

30  not be added to the consideration for the taxable privilege or

31  that, when added, the tax or any part thereof will be refunded


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    SB 1132                                       Second Engrossed



  1  or refused, either directly or indirectly, by any method

  2  whatsoever.  Any person who willfully violates any provision

  3  of this paragraph is guilty of a misdemeanor of the second

  4  degree, punishable as provided in s. 775.082 or s. 775.083.

  5         (c)  The tax authorized to be levied by this section

  6  shall constitute a lien on the property of the business,

  7  lessee, customer, or tenant in the same manner as, and shall

  8  be collectible as are, liens authorized and imposed in ss.

  9  713.67, 713.68, and 713.69.

10         (5)  The tourist impact tax authorized by this section

11  shall take effect only upon express approval by a majority

12  vote of those qualified electors in the area or areas of

13  critical state concern in the county seeking to levy such tax,

14  voting in a referendum to be held by the governing board of

15  such county in conjunction with a general or special election,

16  in accordance with the provisions of law relating to elections

17  currently in force. However, if the area or areas of critical

18  state concern are greater than 50 percent of the land area of

19  the county and the tax is to be imposed throughout the entire

20  county, the tax shall take effect only upon express approval

21  of a majority of the qualified electors of the county voting

22  in such a referendum.

23         (6)  The effective date of the levy and imposition of

24  the tourist impact tax authorized under this section shall be

25  the first day of the second month following approval of the

26  ordinance by referendum or the first day of any subsequent

27  month as may be specified in the ordinance.  A certified copy

28  of the ordinance shall include the time period and the

29  effective date of the tax levy and shall be furnished by the

30  county to the Department of Revenue within 10 days after

31  passing an ordinance levying such tax and again within 10 days


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    SB 1132                                       Second Engrossed



  1  after approval by referendum of such tax. If applicable, the

  2  county levying the tax shall provide the Department of Revenue

  3  with a list of the businesses in the area of critical state

  4  concern where the tourist impact tax is levied by zip code or

  5  other means of identification. Notwithstanding the provisions

  6  of s. 213.053, the Department of Revenue shall assist the

  7  county in compiling such list of businesses.  The tourist

  8  impact tax, if not repealed sooner pursuant to paragraph

  9  (1)(c), shall be repealed 10 years after the date the area of

10  critical state concern designation is removed.

11         Section 14.  Subsection (7) of section 125.0104,

12  Florida Statutes, is amended to read:

13         125.0104  Tourist development tax; procedure for

14  levying; authorized uses; referendum; enforcement.--

15         (7)  AUTOMATIC EXPIRATION ON RETIREMENT OF

16  BONDS.--Anything in this section to the contrary

17  notwithstanding, if the plan for tourist development approved

18  by the governing board of the county, as amended from time to

19  time pursuant to paragraph (4)(d), includes the acquisition,

20  construction, extension, enlargement, remodeling, repair, or

21  improvement of a publicly owned and operated convention

22  center, sports stadium, sports arena, coliseum, or auditorium,

23  or a museum that is publicly owned and operated or owned and

24  operated by a not-for-profit organization, the county

25  ordinance levying and imposing the tax shall automatically

26  expire upon the later of:

27         (a)  Retirement of all bonds issued by the county for

28  financing the same; or

29         (b)  The expiration of any agreement by the county for

30  the operation or maintenance, or both, of a publicly owned and

31  operated convention center, sports stadium, sports arena,


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    SB 1132                                       Second Engrossed



  1  coliseum, auditorium, or museum. However, nothing herein shall

  2  preclude that county from amending the ordinance extending the

  3  tax to the extent that the board of the county determines to

  4  be necessary to provide funds with which to operate, maintain,

  5  repair, or renew and replace a publicly owned and operated

  6  convention center, sports stadium, sports arena, coliseum,

  7  auditorium, or museum or from enacting an ordinance which

  8  shall take effect without referendum approval, unless the

  9  original referendum required ordinance expiration, pursuant to

10  the provisions of this section reimposing a tourist

11  development tax, upon or following the expiration of the

12  previous ordinance.

13         Section 15.  Section 166.0415, Florida Statutes, is

14  created to read:

15         166.0415  Affordable housing.--Notwithstanding any

16  other provision of law, a municipality may adopt and maintain

17  in effect any law, ordinance, rule, or other measure that is

18  adopted for the purpose of increasing the supply of affordable

19  housing using land use mechanisms such as inclusionary housing

20  ordinances.

21         Section 16.  Section 125.01055, Florida Statutes, is

22  created to read:

23         125.01055  Affordable housing.--Notwithstanding any

24  other provision of law, a county may adopt and maintain in

25  effect any law, ordinance, rule, or other measure that is

26  adopted for the purpose of increasing the supply of affordable

27  housing using land use mechanisms such as inclusionary housing

28  ordinances.

29         Section 17.  This act shall take effect upon becoming a

30  law and sections 9, 10, and 11 shall take effect October 1,

31


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    SB 1132                                       Second Engrossed



  1  2001, as to sales for which the respective application for

  2  obtaining a tax deed is filed on or after October 1, 2001.

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