Senate Bill sb1022

    Florida Senate - 2003                                  SB 1022

    By Senator Wasserman Schultz





    34-340B-03

  1                      A bill to be entitled

  2         An act relating to a statewide impact fee;

  3         creating s. 201.032, F.S.; imposing the fee on

  4         deeds and other instruments relating to real

  5         property and interests therein; providing for

  6         each school district to receive a specified

  7         minimum amount in proceeds from the fee;

  8         providing for the proceeds to be remitted to

  9         the state; providing that a county,

10         municipality, or school board may not levy

11         certain impact fees; providing that certain

12         impact-fee programs are repealed by this act;

13         providing for paying principal and interest on

14         certain bonds; specifying the effect of this

15         act on conflicting ordinances and laws;

16         providing an effective date.

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

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20         Section 1.  Section 201.032, Florida Statutes, is

21  created to read:

22         201.032  Statewide impact fee; use of proceeds;

23  collection and remission of proceeds; compensation of clerks;

24  local impact fees, repeal and prohibition; outstanding

25  bonds.--

26         (1)  There is imposed a statewide impact fee. The fee

27  shall be levied and collected as an additional surtax on those

28  documents taxed under s. 201.02, at a rate to be set annually

29  by the Legislature in the General Appropriations Act and

30  expressed as cents per $100, or fractional part thereof, of

31  the consideration for the real estate or the interest therein.

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    Florida Senate - 2003                                  SB 1022
    34-340B-03




 1         (2)  The proceeds of the fee imposed by subsection (1)

 2  shall be appropriated by the Legislature. Each district must

 3  receive at least the amount it received in fiscal year

 4  2002-2003 from fees or other forms of exaction repealed by

 5  subsection (4).

 6         (3)  Section 201.15 does not apply to this fee. The

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

 8  fee levied under this section and, after retaining for his or

 9  her office the collection allowance authorized by s. 201.11,

10  shall remit the proceeds to the Department of Revenue in the

11  same manner as the proceeds from the tax on recorded documents

12  are remitted.

13         (4)  Any impact fee or other form of exaction for the

14  construction or remodeling of public educational facilities

15  imposed as a condition to or in conjunction with the issuance

16  of any development permit as defined in s. 163.3164 which was

17  in effect before July 1, 2003, is repealed. A county,

18  municipality, or school district may not levy an impact fee

19  for the construction or remodeling of educational facilities.

20  If the proceeds from an impact-fee program that is in effect

21  on July 1, 2003, have been pledged to pay the principal and

22  interest on any bonds that have been issued for the

23  construction or remodeling of public educational facilities,

24  the proceeds of the fee imposed under this section must be

25  used to pay such principal and interest as long as the bonds

26  are outstanding, in accordance with existing contracts with

27  the bondholders.  Any ordinance that conflicts with this

28  subsection is superseded, and any conflicting special or

29  general law is superseded to the extent of the conflict.

30         Section 2.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                                  SB 1022
    34-340B-03




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 2                          SENATE SUMMARY

 3    Imposes a statewide impact fee on instruments relating to
      real property. Provides that each district must receive
 4    proceeds from the fee in an amount that is at least as
      much as the amount of the proceeds that the district
 5    received in fiscal year 2002-2003 from fees repealed by
      this act. Provides for the proceeds to be remitted to the
 6    state. Provides that counties, municipalities, and school
      boards may not levy certain impact fees. Repeals certain
 7    impact fees. Provides for paying off certain bonds from
      fee proceeds. Specifies that the act supersedes
 8    conflicting ordinances and laws.

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