HB 1769 2003
1	A bill to be entitled
2	An act relating to a fee on residential acquisitions;
3	providing a popular name; providing for applicability of
4	fees in areas of critical state concern; providing for a
5	referendum; providing a fee schedule; providing procedures
6	for collection of fees; providing criteria for utilization
7	of funds; providing a time limit on local government
8	authorization to impose or collect certain fees; providing
9	an effective date.
10
11	WHEREAS, the Legislature finds that areas designated as
12	areas of critical state concern under s. 380.05, Florida
13	Statutes, experience certain limitations relating to affordable
14	housing, wastewater and stormwater drainage, and economic
15	viability and stability due to the vulnerability and fragility
16	of those areas, and
17	WHEREAS, areas of critical state concern may lack available
18	land on which to construct affordable housing and sufficient
19	funds for wastewater and stormwater improvements, which may
20	result in fewer employment opportunities to attract new
21	residents and keep new generations living in those areas, and
22	WHEREAS, environmentally sensitive land must be set aside
23	for the benefit of future generations and a lack of adequate
24	funds greatly diminishes the ability of government to provide
25	for acquisition of those lands, and
26	WHEREAS, for purposes of land acquisition for affordable
27	housing, provision of adequate wastewater and stormwater
28	facilities, economic stability and retention of an adequate
29	workforce, and acquisition of environmentally sensitive lands,
30	it is desirable to provide adequate funding through a stable,
31	recurring, and time-limited fee approved by the citizens
32	incurring such fee, NOW, THEREFORE,
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1. This act shall be known by the popular name the
37	“Residential Acquisition Fund Act.”
38	Section 2. Authority to adopt ordinance or resolution;
39	amount of fee; referendum; disbursement.--
40	(1) Any local government that contains an area or part of
41	an area designated as an area of critical state concern under s.
42	380.05, Florida Statutes, may adopt a resolution or ordinance
43	for imposition and collection of a residential acquisition fee.
44	However, in an area of critical state concern where the entire
45	county is included in the designation pursuant to s. 380.05,
46	Florida Statutes, the authority under this act is exclusive to
47	the county. The fee shall be assessed in accordance with the
48	schedule set forth in section 3(2). The authorization provided
49	in this section shall be construed to be general law
50	authorization pursuant to s. 1, Art. VII of the State
51	Constitution.
52	(2) Such ordinance or resolution must be approved by a
53	majority of the qualified electors in the affected area of
54	critical state concern. The ordinance or resolution for fee
55	adoption must establish the date, time, and place of the
56	referendum and provide appropriate ballot language, including,
57	but not limited to, the fee schedule set forth in section 3(2).
58	(3) Any fees imposed and collected pursuant to this
59	section shall be deposited into a residential acquisition fund,
60	to be established by ordinance or resolution of the governing
61	body of the local government imposing the fee. The fund shall be
62	maintained and administered by the clerk of the court. Six
63	months after the initial collection, and quarterly thereafter,
64	the clerk shall remit the proceeds accrued in the residential
65	acquisition fund, less reasonable administrative costs, to the
66	local government imposing the fee.
67	Section 3. Applicability of fee; fee schedule.--
68	(1) The residential acquisition fee shall be imposed at
69	closing or upon the sale of a single-family residential or
70	multifamily residential property on a sliding scale based on
71	purchase price of the property. Commercial and governmental
72	properties are not subject to the provisions of this act.
73	(2) The fee is based on the following schedule:
74	SCHEDULE OF FEES
75	PURCHASE PRICE OF PROPERTY PERCENTAGE OF FEE
76	Properties purchased at $200,000 or less 0%
77	Properties purchased at $200,000 to $499,999 1.00%
78	Properties purchased at $500,000 to $999,999 1.50%
79	Properties purchased at $1,000,000 to $1,999,999 1.75%
80	Properties purchased at $2,000,000 or more 2.00%
81	Section 4. Collection of fee.--At the time of closing or
82	upon the sale of a single-family residential or a multifamily
83	residential property, the closing agent, the representative of
84	the closing agent, or the seller must collect and remit the fee
85	to the clerk. The closing agent, the representative of the
86	closing agent, or the seller must provide a space on the buyer
87	and seller disbursement statement or an addendum accompanying
88	the buyer and seller disbursement statement identifying the fee
89	and must disclose the amount of the fee to the prospective
90	buyer.
91	Section 5. Utilization of funds.--Funds received by the
92	local government pursuant to this act shall be used as follows:
93	(1) Seventy percent of the funds received shall be used
94	for improvements to wastewater or stormwater facilities.
95	(2) Ten percent of the funds received shall be used for
96	acquisition of land for moderate and affordable housing.
97	(3) Ten percent of the funds received shall be used for
98	acquisition of environmentally sensitive lands as designated by
99	the local governing entity imposing the fee.
100	(4) Ten percent of the funds received shall be used for
101	other purposes necessary or resulting from the implementation of
102	this act.
103
104	Funds collected under this act may be used to complete projects
105	currently underway or projects undertaken pursuant to this act.
106	Section 6. A local government’s authorization to impose or
107	collect the fee authorized under this act shall expire 10 years
108	after the termination of the designation of the area of critical
109	state concern pursuant to s. 380.05, Florida Statutes, in which
110	the local government is located.
111	Section 7. This act shall take effect upon becoming a law.