Senate Bill sb1022c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                           CS for SB 1022

    By the Committee on Finance and Taxation; and Senator
    Wasserman Schultz




    314-2087-03

  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12         impact-fee programs are repealed by this act;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         amending s. 201.11, F.S.; providing for

17         compensation of agents collecting the surtax

18         under s. 201.032, F.S.; providing a contingent

19         effective date.

20  

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

22  

23         Section 1.  Section 201.032, Florida Statutes, is

24  created to read:

25         201.032  Statewide impact fee; use of proceeds;

26  collection and remission of proceeds; compensation of clerks;

27  local impact fees, repeal and prohibition; outstanding

28  bonds.--

29         (1)  There is imposed a statewide impact fee that is

30  levied and collected as a surtax on those documents taxed

31  under s. 201.02, at the rate set by law and expressed as cents

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1022
    314-2087-03




 1  per $100, or fractional part thereof, of the consideration for

 2  the real estate or the interest therein.

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

 4  shall be appropriated by the Legislature. In state fiscal year

 5  2003-2004, each school district as defined in s. 1001.30 must

 6  receive an appropriation from the proceeds which is no less

 7  than 75 percent of the amount it received in state fiscal year

 8  2002-2003 from fees or other forms of exaction repealed by

 9  subsection (4). In state fiscal years 2004-2005 through

10  2007-2008, each school district as defined in s.1001.30 must

11  receive an appropriation from the proceeds which is no less

12  than the amount it received in local government fiscal year

13  2002-2003 from fees or other forms of exaction repealed by

14  subsection (4).

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

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

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

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

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

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

21  are remitted.

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

23  construction or remodeling of public educational facilities

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

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

26  in effect before October 1, 2003, is repealed. A county,

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

28  for the construction or remodeling of educational facilities.

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

30  on October 1, 2003, have been pledged to pay the principal and

31  interest on any bonds that have been issued for the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1022
    314-2087-03




 1  construction or remodeling of public educational facilities,

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

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

 4  are outstanding, in accordance with existing contracts with

 5  the bondholders.  Any ordinance that conflicts with this

 6  subsection is superseded, and any conflicting special or

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

 8         Section 2.  Subsection (2) of section 201.11, Florida

 9  Statutes, is amended to read:

10         201.11  Administration of law by Department of

11  Revenue.--

12         (2)  The county comptroller or, if there be none, then

13  the clerk of the circuit court, shall serve ex officio, and

14  the Department of Revenue may appoint others, as agents for

15  the collection of the tax imposed by this chapter.  The

16  department may adopt rules and regulations requiring the

17  agents to meet certain standards, including, without

18  limitation, a demonstrated volume of business or a

19  geographical distribution.  All agents shall be subject to

20  audit and shall post a bond as may be required by the

21  Department of Revenue.  The Department of Revenue may purchase

22  a blanket bond; however, all costs associated with such a bond

23  shall be allocated by department regulation to those agents so

24  bonded. An agent shall be compensated 0.5 percent of the tax

25  collected, including the fee collected as a surtax under s.

26  201.032, as collection costs in the form of a deduction from

27  the amount of the tax due and remitted by the agent, and the

28  department shall allow the said deduction to the agent paying

29  and remitting the tax in the manner as provided for by the

30  department. However, no deduction or allowance shall be

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                           CS for SB 1022
    314-2087-03




 1  granted when there is a manifest failure to maintain proper

 2  records or make proper reports.

 3         Section 3.  This act shall take effect October 1, 2003,

 4  but it shall not take effect unless an act becomes law which

 5  sets a rate for the statewide impact fee imposed by section

 6  201.032, Florida Statutes.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                             SB 1022

10                                 

11  This committee substitute provides for the statewide impact
    fee rate to be set by law, instead of in the General
12  Appropriations Act. It amends s. 201.11, F.S., to clarify that
    the county comptroller or clerk of the circuit is entitled to
13  the 0.5 percent collection allowance on the statewide impact
    fee. The effective date of the committee substitute is October
14  1, 2003, but the bill will not take effect unless a bill
    becomes law setting a rate for the statewide impact fee.
15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.