Senate Bill sb2090

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    Florida Senate - 2001                                  SB 2090

    By Senator Wasserman Schultz





    32-1147-01

  1                      A bill to be entitled

  2         An act relating to the excise tax on documents;

  3         creating s. 201.032, F.S.; authorizing certain

  4         district school boards to levy an additional

  5         surtax on deeds and other instruments relating

  6         to real property and interests therein;

  7         providing for the use of the proceeds;

  8         authorizing pledge of the proceeds for bonds;

  9         providing that a school board may elect to

10         receive the proceeds of the surtax or of

11         certain impact fees; providing that certain

12         impact-fee programs are not repealed by this

13         act; specifying the effect of this act on

14         conflicting ordinances and laws; requiring a

15         report; providing an effective date.

16

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

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19         Section 1.  Section 201.032, Florida Statutes, is

20  created to read:

21         201.032  Levy of optional surtax on deeds by school

22  board; use of proceeds; effect on impact fees.--

23         (1)  Each district school board that levies a minimum

24  of 2 mills on the nonexempt assessed valuation for school

25  purposes of the district under:

26         (a)  Section 236.25(2),

27         (b)  The millage voted for local capital improvement

28  pursuant to s. 9(b) or s. 12, Art. VII of the State

29  Constitution, or

30         (c)  A combination of paragraphs (a) and (b),

31

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    Florida Senate - 2001                                  SB 2090
    32-1147-01




  1  may levy an optional additional surtax on those documents

  2  taxed under s. 201.02 at a rate not exceeding 30 cents for

  3  each $100 or fractional part thereof of the consideration for

  4  the real estate or interest therein. The surtax shall be paid

  5  by the buyer of the real estate or interest therein. The

  6  surtax must be levied by resolution proposed at a regular

  7  meeting of the school board and approved by a majority of the

  8  total membership of the board. The school board must hold a

  9  public hearing at least 2 weeks before the formal adoption of

10  the resolution.

11         (2)  The proceeds of the surtax must be used to fund

12  new construction and remodeling projects of public educational

13  facilities identified pursuant to s. 235.435(3)(b) which are

14  necessary to implement adopted local-government comprehensive

15  plans and plans of the school board, so that public

16  educational facilities will be available to meet the needs of

17  the school-age population concurrently with the impacts of

18  development.

19         (3)  Section 201.15 does not apply to this surtax. The

20  clerk of the circuit court shall collect all proceeds of the

21  tax levied under this section and shall not remit any of the

22  proceeds to the Department of Revenue. After retaining for his

23  or her office the collection allowance authorized by s.

24  201.11, the clerk of the circuit court shall distribute all

25  tax revenues collected under this section to the school board.

26  The revenues must be deposited in a separate fund created for

27  this purpose from which expenditures may be made in accordance

28  with this section. A school board that receives the proceeds

29  of the surtax authorized by this section may not apply the

30  proceeds, or any other funds designated as capital outlay

31  funds, to operating costs. A portion of the tax revenues may

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    Florida Senate - 2001                                  SB 2090
    32-1147-01




  1  be used to pay the costs of collection and enforcement of the

  2  surtax.

  3         (4)  Any school board that receives proceeds of this

  4  surtax may pledge the proceeds of the surtax for the payment

  5  of the principal and interest on bonds issued or to be issued

  6  to implement the programs authorized by this section. If such

  7  proceeds are pledged to secure principal and interest due on

  8  such bonds, the pledge constitutes a valid and legally binding

  9  contract between the school board and the bondholders, and the

10  school board is obligated to continue to levy the surtax as

11  long as any bonds are outstanding.

12         (5)  A school board may elect to receive proceeds from

13  either the surtax authorized by this section or from an impact

14  fee or other form of exaction for the construction or

15  remodeling of public educational facilities imposed as a

16  condition to or in conjunction with the issuance of any

17  development permit as defined in s. 163.3164; however, this

18  section does not repeal an impact-fee program that is in

19  effect on July 1, 2001, and is based upon the uniform

20  countywide level of service and the educational facility plan

21  of the school board. Any ordinance that conflicts with this

22  subsection is superseded, and any conflicting special or

23  general law authorization is superseded to the extent of the

24  conflict.

25         (6)  Each school board that levies a surtax under this

26  section shall, within 90 days after the close of its fiscal

27  year, submit to the Department of Banking and Finance a

28  financial report that contains information showing the

29  revenues and the expenses of the fund established under

30  subsection (3).

31         Section 2.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                                  SB 2090
    32-1147-01




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  2                          SENATE SUMMARY

  3    Authorizes school boards that levy capital outlay or
      voted capital improvement millage of at least 2 mills to
  4    levy an additional documentary stamp surtax on
      instruments relating to real property. Provides for the
  5    use of the proceeds for public educational facilities
      needed to implement local comprehensive plans. Authorizes
  6    the issuance of bonds. Provides that a school board may
      elect to receive surtax proceeds or certain impact-fee
  7    proceeds. Specifies that the act supersedes conflicting
      ordinances and laws. Requires an annual report.
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