Senate Bill sb2418
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Florida Senate - 2002 SB 2418
By Senator Lawson
3-1534-02
1 A bill to be entitled
2 An act creating the Conservation Land
3 Acquisition and Management Grants Trust Fund;
4 amending s. 125.0167, F.S.; revising
5 limitations on the use of revenues from the
6 discretionary surtax on documents; defining
7 terms; providing for the deposit and use of
8 revenues; providing limitations; providing an
9 effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 125.0167, Florida Statutes, is
14 amended to read:
15 125.0167 Discretionary surtax on documents; adoption;
16 application of revenue.--
17 (1) Pursuant to the provisions of s. 201.031, the
18 governing authority in each county, as defined by s.
19 125.011(1), is authorized to levy a discretionary surtax on
20 documents at a rate not to exceed the rate of 45 cents for
21 each $100 or fractional part thereof of the consideration
22 therefor. Such a surtax shall apply only to those documents
23 taxable under s. 201.02, except that there shall be no surtax
24 on any document pursuant to which the interest granted,
25 assigned, transferred, or conveyed involves only a
26 single-family residence the taxable value of which equals
27 $200,000 or less as assessed by the county property appraiser.
28 Such a single-family residence may be a condominium unit, a
29 unit held through stock ownership or membership representing a
30 proprietary interest in a corporation owning a fee or a
31 leasehold initially in excess of 98 years, or a detached
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Florida Senate - 2002 SB 2418
3-1534-02
1 dwelling Such a surtax may be levied for the following
2 purposes: for the purpose of
3 (a) Establishing and financing a Housing Assistance
4 Loan Trust Fund to assist in the financing of construction,
5 rehabilitation, or purchase of housing for low-income and
6 moderate-income families. No less than 50 percent of the funds
7 used in each county to provide such housing assistance shall
8 be for the benefit of low-income families. For the purpose of
9 this section, "low-income family" means a family whose income
10 does not exceed 80 percent of the median income for the area,
11 and "moderate-income family" means a family whose income is in
12 excess of 80 percent but less than 140 percent of the median
13 income for the area. For purposes of this section, the term
14 "housing" is not limited to single-family, detached dwellings.
15 The rate of the surtax shall not exceed the rate of 45 cents
16 for each $100 or fractional part thereof of the consideration
17 therefor. Such surtax shall apply only to those documents
18 taxable under s. 201.02, except that there shall be no surtax
19 on any document pursuant to which the interest granted,
20 assigned, transferred, or conveyed involves only a
21 single-family residence. Such single-family residence may be
22 a condominium unit, a unit held through stock ownership or
23 membership representing a proprietary interest in a
24 corporation owning a fee or a leasehold initially in excess of
25 98 years, or a detached dwelling.
26 (b) Establishing and financing a Conservation Land
27 Acquisition and Management Grants Trust Fund to assist in
28 financing the acquisition and management of environmentally
29 sensitive and outdoor-recreation lands. As used in this
30 paragraph, the term "environmentally sensitive and
31 outdoor-recreation lands" means natural areas suited to the
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Florida Senate - 2002 SB 2418
3-1534-02
1 purposes of maintaining the state's and the county's unique
2 natural resources, protecting air, land, and water quality,
3 promoting water-resource development to meet the needs of
4 natural systems and residents of this state, promoting
5 restoration activities on public lands, and providing lands
6 for open space and outdoor recreation.
7 (2) The levy of the discretionary surtax and the
8 creation of a Housing Assistance Loan Trust Fund or a
9 Conservation Land Acquisition and Management Grants Trust Fund
10 shall be by ordinance which shall set forth the policies and
11 procedures of the assistance and grants program. The ordinance
12 must specify the amount of the surtax to be levied for each
13 separate trust fund. The ordinance shall be proposed at a
14 regular meeting of the governing authority at least 2 weeks
15 prior to formal adoption. Formal adoption shall not be
16 effective unless approved on final vote by a majority of the
17 total membership of the governing authority. The ordinance
18 shall not take effect until 90 days after formal adoption.
19 (3) The county shall deposit revenues from the
20 discretionary surtax in either the Housing Assistance Loan
21 Trust Fund or the Conservation Land Acquisition and Management
22 Grants Trust Fund of the county. Those funds must be used as
23 follows:
24 (a) the Housing Assistance Loan Trust Fund of the
25 county, except that A portion of the such revenues levied for
26 the Housing Assistance Loan Trust Fund may be deposited into
27 the Home Investment Trust Fund of the county as defined by and
28 created pursuant to the requirements of federal law. The
29 county shall use the revenues only to help finance the
30 construction, rehabilitation, or purchase of housing for
31 low-income families and moderate-income families, to pay
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Florida Senate - 2002 SB 2418
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1 necessary costs of collection and enforcement of the surtax,
2 and to fund any local matching contributions required pursuant
3 to federal law. For purposes of this section, authorized uses
4 of the revenues include, but are not limited to, providing
5 funds for first and second mortgages and acquiring property
6 for the purpose of forming housing cooperatives. Special
7 consideration shall be given toward using the revenues in the
8 neighborhood economic development programs of community
9 development corporations. No more than 50 percent of the
10 revenues collected each year pursuant to this subsection
11 section may be used to help finance new construction as
12 provided herein. The proceeds of the surtax shall not be used
13 for rent subsidies or grants, except as provided in paragraph
14 (b).
15 (b) Revenues deposited into the Conservation Land
16 Acquisition and Management Grants Trust Fund must be used to
17 award grants to local governments, nonprofit organizations, or
18 private land trusts to finance the acquisition and management
19 of environmentally sensitive and outdoor recreation lands, the
20 title to which shall vest in a public agency, to pay necessary
21 costs of collection, and to fund any local matching
22 contributions required under state or federal law. Special
23 consideration shall be given toward using the revenues for
24 projects that are a joint acquisition, either among public
25 agencies or among nonprofit organizations, or by a
26 public-private partnership, for the purposes of land
27 conservation. Land acquired through the proceeds of this
28 surtax must be managed for conservation purposes. No more than
29 25 percent of the revenues collected each year under this
30 subsection may be used to finance the management of
31 conservation and recreation lands as provided in this
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Florida Senate - 2002 SB 2418
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1 paragraph. As used in this subsection, the term "nonprofit
2 organization" means an organization the purposes of which
3 include the preservation of natural resources, and which is
4 exempt from federal income tax under s. 501(c)(3) of the
5 Internal Revenue Code of 1986, as amended.
6 Section 2. This act shall take effect upon becoming a
7 law, but it shall not take effect unless it is enacted by at
8 least a three-fifths vote of the membership of each house of
9 the Legislature.
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12 SENATE SUMMARY
13 Creates the Conservation Land Acquisition and Management
Grants Trust Fund. Provides for the deposit into the
14 trust fund of revenues from the discretionary surtax on
documents. Provides for the uses of such revenues.
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