HB 1799 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 subsection (2) of section 3. The
49    authorization provided in this section shall be construed to be
50    general law authorization pursuant to s. 1, Art. VII of the
51    State 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 subsection (2)
58    of section 3.
59          (3) Any fees imposed and collected pursuant to this
60    section shall be deposited into a residential acquisition fund
61    to be established by ordinance or resolution of the governing
62    body of the local government imposing the fee. The fund shall be
63    maintained and administered by the clerk of the court. Six
64    months after the initial collection, and quarterly thereafter,
65    the clerk shall remit the proceeds accrued in the residential
66    acquisition fund, less reasonable administrative costs, to the
67    local government imposing the fee.
68          Section 3. Applicability of fee; fee schedule.--
69          (1) The residential acquisition fee shall be imposed at
70    closing or upon the sale of a single-family residential or
71    multifamily residential property on a sliding scale based on
72    purchase price of the property. Commercial and governmental
73    properties are not subject to the provisions of this act.
74          (2) The fee is based on the following schedule:
75 SCHEDULE OF FEES
76          PURCHASE PRICE OF PROPERTY PERCENTAGE OF FEE
77          Properties purchased at $199,999 or less 0%
78          Properties purchased at $200,000 to $499,999 1.00%
79          Properties purchased at $500,000 to $999,999 1.50%
80          Properties purchased at $1,000,000 to $1,999,999 1.75%
81          Properties purchased at $2,000,000 or more 2.00%
82          Section 4. Collection of fee.--At the time of closing or
83    upon the sale of a single-family residential or a multifamily
84    residential property, the closing agent, the representative of
85    the closing agent, or the seller must collect and remit the fee
86    to the clerk. The closing agent, the representative of the
87    closing agent, or the seller must provide a space on the buyer
88    and seller disbursement statement or an addendum accompanying
89    the buyer and seller disbursement statement identifying the fee
90    and must disclose the amount of the fee to the prospective
91    buyer.
92          Section 5. Utilization of funds.--Funds received by the
93    local government pursuant to this act shall be used as follows:
94          (1) Seventy percent of the funds received shall be used
95    for improvements to wastewater or stormwater facilities.
96          (2) Ten percent of the funds received shall be used for
97    acquisition of land for moderate and affordable housing.
98          (3) Ten percent of the funds received shall be used for
99    acquisition of environmentally sensitive lands as designated by
100    the local governing entity imposing the fee.
101          (4) Ten percent of the funds received shall be used for
102    other purposes necessary or resulting from the implementation of
103    this act.
104         
105          Funds collected under this act may be used to complete projects
106    currently underway or projects undertaken pursuant to this act.
107          Section 6. A local government’s authorization to impose or
108    collect the fee authorized under this act shall expire 10 years
109    after the termination of the designation of the area of critical
110    state concern pursuant to s. 380.05, Florida Statutes, in which
111    the local government is located.
112          Section 7. This act shall take effect upon becoming a law.