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12 impact-fee programs are not repealed by this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.
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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
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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
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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
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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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