House Bill hb1397
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Florida House of Representatives - 2001 HB 1397
By Representative Greenstein
1 A bill to be entitled
2 An act relating to the Florida Mobile Home
3 Relocation Trust Fund; creating s. 320.0805,
4 F.S.; creating the Florida Mobile Home
5 Relocation Trust Fund; providing for its
6 purposes; creating the Florida Mobile Home
7 Relocation Corporation; providing for the
8 membership and authority of the corporation;
9 providing for review and termination or
10 re-creation of the trust fund; creating s.
11 320.08051, F.S.; providing for the levy of a
12 surcharge on mobile home license taxes;
13 amending s. 320.081, F.S.; providing for the
14 collection and distribution of the license tax
15 surcharge; providing a contingent effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 320.0805, Florida Statutes, is
21 created to read:
22 320.0805 Florida Mobile Home Relocation Trust Fund.--
23 (1) There is established within the Department of
24 Business and Professional Regulation the Florida Mobile Home
25 Relocation Trust Fund to be used as provided in s. 723.0610,
26 and administered by the Florida Mobile Home Relocation
27 Corporation created in subsection (3). All interest earned
28 from the investment or deposit of moneys in the trust fund
29 shall be deposited in the trust fund. The trust fund shall be
30 funded from the surcharge collected under s. 320.08051; the
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Florida House of Representatives - 2001 HB 1397
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1 surcharge collected under s. 723.007; and the moneys collected
2 under s. 723.0610(2).
3 (2) Moneys in the trust fund may be expended only:
4 (a) To pay the cost to administer the Mobile Home
5 Relocation Advisory Board and this trust fund.
6 (b) To carry out the purposes and objectives of the
7 relocation program set forth in s. 723.0610.
8 (3) There is created the Florida Mobile Home
9 Relocation Corporation, a private entity administered by a
10 board of directors made up of six members, three members
11 appointed by the Florida Manufactured Housing Association and
12 three members appointed by the Federation of Manufactured Home
13 Owners. The corporation may borrow from private finance
14 sources in order to meet the demands of the relocation program
15 established in s. 723.0610.
16 Section 2. In accordance with Section 19(f)(2),
17 Article III of the State Constitution, the Mobile Home
18 Relocation Trust Fund shall, unless terminated sooner, be
19 terminated on July 1, 2005. Before its scheduled termination,
20 the trust fund shall be reviewed as provided in section
21 215.3206(1) and (2), Florida Statutes.
22 Section 3. Section 320.08051, Florida Statutes, is
23 created to read:
24 320.08051 Surcharge on license tax; Florida Mobile
25 Home Relocation Trust Fund.--There is levied on each license
26 tax imposed under s. 320.08(11), a surcharge in the amount of
27 $2, which shall be collected in the same manner as the license
28 tax and shall be deposited into the Florida Mobile Home
29 Relocation Trust Fund. The surcharge shall begin to be
30 collected during the first year after this section takes
31 effect. This surcharge may not be imposed during the next year
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Florida House of Representatives - 2001 HB 1397
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1 if the balance in the Florida Mobile Home Relocation Trust
2 Fund exceeds $10 million. The surcharge shall be reinstated in
3 the next year after the balance in the Florida Mobile Home
4 Relocation Trust Fund drops below $6 million.
5 Section 4. Subsections (3), (4), and (5) of section
6 320.081, Florida Statutes, are amended to read:
7 320.081 Collection and distribution of annual license
8 tax imposed on the following type units.--
9 (3) The owner shall make application for such sticker
10 in the manner provided in s. 320.02, and the tax collectors in
11 the several counties of the state shall collect the license
12 taxes imposed by s. 320.08(10) and (11) and the license tax
13 surcharge imposed by s. 320.08051 in the same manner and under
14 the same conditions and requirements as provided in s. 320.03.
15 (4) Each tax collector shall make prompt remittance of
16 all moneys collected by him or her to the department at such
17 times and in such manner as provided by law. Upon receipt of
18 the license taxes collected from the tax collectors of the
19 several counties, the department shall pay into the State
20 Treasury for deposit in the General Revenue Fund the sum of
21 $1.50 on each such sticker issued, and shall pay into the
22 State Treasury for deposit into the Florida Mobile Home
23 Relocation Trust Fund $2 on each sticker issued as provided in
24 s. 320.08051. The balance remaining shall be paid into a trust
25 fund in the State Treasury designated "License Tax Collection
26 Trust Fund," and the moneys so deposited shall be paid to the
27 respective counties and cities wherein such units governed by
28 the provisions of this section are located, regardless of
29 where the license taxes are collected, in the manner
30 hereinafter provided.
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1 (5) The department shall keep records showing the
2 total number of stickers issued to each type unit governed by
3 this section, the total amount of license taxes collected, and
4 the county or city wherein each such unit is located and shall
5 from month to month certify to the Comptroller the amount
6 derived from license taxes in each county and each city within
7 the county. Such amount, less the amount of $1.50 collected on
8 each license and the $2 license tax surcharge imposed by s.
9 320.08051, shall be paid to the counties and cities within the
10 counties wherein the unit or units are located as follows:
11 one-half to the district school board and the remainder either
12 to the board of county commissioners, for units which are
13 located within the unincorporated areas of the county, or to
14 any city within such county, for units which are located
15 within its corporate limits. Payment shall be by warrant drawn
16 by the Comptroller upon the treasury, which amount is hereby
17 appropriated monthly out of the License Tax Collection Trust
18 Fund.
19 Section 5. This act shall take effect on the effective
20 date of Senate Bill 442, but it shall not take effect unless
21 it is enacted by a three-fifths vote of the membership of each
22 house of the Legislature and unless SB 442, 2001 Regular
23 Session, becomes a law.
24
25 *****************************************
26 SENATE SUMMARY
27 Creates the Florida Mobile Home Relocation Trust Fund to
be administered by the Department of Business and
28 Professional Regulation. Provides for review and
termination or re-creation of the trust fund. Creates the
29 Florida Mobile Home Relocation Corporation and provides
for its membership and authority. Provides for the levy
30 of a surcharge on mobile home license taxes.
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