HOUSE AMENDMENT Bill No. HB 1459 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Sorensen offered the following:
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14	Amendment to Amendment (906115) (with directory and title
15	amendments)
16	Between lines 990 and 991, and insert:
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18	Section 23. Authority to adopt ordinance or resolution;
19	amount of fee; referendum; disbursement.--
20	(1) Any local government that contains an area or part of
21	an area designated as an area of critical state concern under s.
22	380.05, Florida Statutes, may adopt a resolution or ordinance
23	for imposition and collection of a residential acquisition fee
24	in the area of critical state concern. A local government may
25	not adopt an ordinance or resolution to collect a residential
26	acquisition fee in any area where another local government has
27	already passed an ordinance or resolution imposing the fee
28	unless the fee has expired or has failed to be approved by the
29	electorate. The fee shall be assessed in accordance with the
30	schedule set forth in subsection (2) of section 24. The
31	authorization provided in this section shall be construed to be
32	general law authorization pursuant to s. 1, Art. VII of the
33	State Constitution.
34	(2) Such ordinance or resolution must be approved by a
35	majority of the qualified electors in the affected area of
36	critical state concern. The ordinance or resolution for fee
37	adoption must establish the date, time, and place of the
38	referendum and provide appropriate ballot language, including,
39	but not limited to, the fee schedule set forth in subsection (2)
40	of section 24.
41	(3) Any fees imposed and collected pursuant to this act
42	shall be deposited into a residential acquisition fund to be
43	established by ordinance or resolution of the governing body of
44	the local government imposing the fee. The fund shall be
45	maintained and administered by the clerk of the court. Six
46	months after the initial collection, and quarterly thereafter,
47	the clerk shall remit the proceeds accrued in the residential
48	acquisition fund, less reasonable administrative costs of the
49	clerk amounting to no more than $5 per transaction, to the local
50	government imposing the fee.
51	Section 24. Applicability of fee; fee schedule.--
52	(1) The residential acquisition fee shall be imposed at
53	closing or upon the sale of a single-family residential or
54	multifamily residential property on a sliding scale based on
55	purchase price of the property. Commercial, governmental, and
56	unimproved properties are not subject to the provisions of this
57	act. Refinancing of residential loans is not subject to the
58	provisions of this act.
59	(2) The fee is based on the following schedule:
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61	SCHEDULE OF FEES
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63	PURCHASE PRICE OF PROPERTY PERCENTAGE OF FEE
64	Properties purchased at $249,999 or less..............0%
65	Properties purchased at $250,000 to $499,999.......1.00%
66	Properties purchased at $500,000 to $999,999.......1.50%
67	Properties purchased at $1,000,000 to $1,999,999...1.75%
68	Properties purchased at $2,000,000 or more.........2.00%
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70	Section 25. Collection of fee.--At the time of closing or
71	upon the sale of a single-family residential or a multifamily
72	residential property, the closing agent, the representative of
73	the closing agent, or the seller must collect and remit the fee
74	to the clerk. The closing agent, the representative of the
75	closing agent, or the seller must provide a space on the buyer
76	and seller disbursement statement or an addendum accompanying
77	the buyer and seller disbursement statement identifying the fee
78	and must disclose the amount of the fee to the prospective
79	buyer.
80	Section 26. Utilization of funds.--Funds received by the
81	local government pursuant to this act shall be used for the
82	creation of or improvements to wastewater or stormwater
83	facilities. Division of funds between the county and
84	municipalities in areas of critical state concern shall be in
85	accordance with any existing agreement between the county and
86	municipalities addressing priorities for uses established in
87	this act. Funds collected under this act may be used to complete
88	projects currently underway or projects undertaken pursuant to
89	this act.
90	Section 27. A local government’s authorization to impose
91	or collect the fee authorized under this act shall expire 10
92	years after the termination of the designation of the area of
93	critical state concern pursuant to s. 380.05, Florida Statutes,
94	in which the local government is located.
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97	================= T I T L E A M E N D M E N T =================
98	Remove lines 1094 and 1095, and insert:
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100	described objectives; requiring reports; providing authority for
101	local governments to impose a residential acquisition fee by
102	ordinance or resolution; prohibiting imposition of a fee in an
103	area where a fee has been approved by another local government;
104	providing for a referendum; providing a fee schedule; providing
105	procedures for collection of fees; providing for utilization of
106	funds; requiring the county and municipalities to divide funds
107	pursuant to agreement; providing a time limit on local
108	government authorization to impose or collect certain fees;
109	providing an effective date.