HB 1799 2003
1	CHAMBER ACTION
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6	The Committee on Finance & Tax recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to a fee on residential acquisitions;
12	providing a popular name; providing authority for local
13	governments to impose a fee by ordinance or resolution;
14	prohibiting imposition of a fee in an area where a fee has
15	been approved by another local government; providing for a
16	referendum; providing a fee schedule; providing procedures
17	for collection of fees; providing criteria for utilization
18	of funds; providing that a county may adopt an ordinance
19	for alternative use of balance; requiring the county and
20	municipalities to divide funds pursuant to agreement;
21	providing a time limit on local government authorization
22	to impose or collect certain fees; providing an effective
23	date.
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25	WHEREAS, the Legislature finds that areas designated as
26	areas of critical state concern under s. 380.05, Florida
27	Statutes, experience certain limitations relating to affordable
28	housing, wastewater and stormwater drainage, and economic
29	viability and stability due to the vulnerability and fragility
30	of those areas, and
31	WHEREAS, areas of critical state concern may lack available
32	land on which to construct affordable housing and sufficient
33	funds for wastewater and stormwater improvements, which may
34	result in fewer employment opportunities to attract new
35	residents and keep new generations living in those areas, and
36	WHEREAS, environmentally sensitive land must be set aside
37	for the benefit of future generations, and a lack of adequate
38	funds greatly diminishes the ability of government to provide
39	for acquisition of those lands, and
40	WHEREAS, for purposes of land acquisition for affordable
41	housing, provision of adequate wastewater and stormwater
42	facilities, economic stability and retention of an adequate
43	workforce, and acquisition of environmentally sensitive lands,
44	it is desirable to provide adequate funding through a stable,
45	recurring, and time-limited fee approved by the citizens
46	incurring such fee, NOW, THEREFORE,
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48	Be It Enacted by the Legislature of the State of Florida:
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50	Section 1. This act shall be known by the popular name the
51	“Residential Acquisition Fund Act.”
52	Section 2. Authority to adopt ordinance or resolution;
53	amount of fee; referendum; disbursement.--
54	(1) Any local government that contains an area or part of
55	an area designated as an area of critical state concern under s.
56	380.05, Florida Statutes, may adopt a resolution or ordinance
57	for imposition and collection of a residential acquisition fee
58	in the area of critical state concern. A local government may
59	not adopt an ordinance or resolution to collect a residential
60	acquisition fee in any area where another local government has
61	already passed an ordinance or resolution imposing the fee
62	unless the fee has expired or has failed to be approved by the
63	electorate. The fee shall be assessed in accordance with the
64	schedule set forth in subsection (2) of section 3. The
65	authorization provided in this section shall be construed to be
66	general law authorization pursuant to s. 1, Art. VII of the
67	State Constitution.
68	(2) Such ordinance or resolution must be approved by a
69	majority of the qualified electors in the affected area of
70	critical state concern. The ordinance or resolution for fee
71	adoption must establish the date, time, and place of the
72	referendum and provide appropriate ballot language, including,
73	but not limited to, the fee schedule set forth in subsection (2)
74	of section 3.
75	(3) Any fees imposed and collected pursuant to this
76	section shall be deposited into a residential acquisition fund
77	to be established by ordinance or resolution of the governing
78	body of the local government imposing the fee. The fund shall be
79	maintained and administered by the clerk of the court. Six
80	months after the initial collection, and quarterly thereafter,
81	the clerk shall remit the proceeds accrued in the residential
82	acquisition fund, less reasonable administrative costs of the
83	clerk amounting to no more than $5 per transaction, to the local
84	government imposing the fee.
85	Section 3. Applicability of fee; fee schedule.--
86	(1) The residential acquisition fee shall be imposed at
87	closing or upon the sale of a single-family residential or
88	multifamily residential property on a sliding scale based on
89	purchase price of the property. Commercial, governmental, and
90	unimproved properties are not subject to the provisions of this
91	act. Refinancing of residential loans is not subject to the
92	provisions of this act.
93	(2) The fee is based on the following schedule:
94	SCHEDULE OF FEES
95	PURCHASE PRICE OF PROPERTY PERCENTAGE OF FEE
96	Properties purchased at $249,999 or less..............0%
97	Properties purchased at $250,000 to $499,999.......1.00%
98	Properties purchased at $500,000 to $999,999.......1.50%
99	Properties purchased at $1,000,000 to $1,999,999...1.75%
100	Properties purchased at $2,000,000 or more.........2.00%
101	Section 4. Collection of fee.--At the time of closing or
102	upon the sale of a single-family residential or a multifamily
103	residential property, the closing agent, the representative of
104	the closing agent, or the seller must collect and remit the fee
105	to the clerk. The closing agent, the representative of the
106	closing agent, or the seller must provide a space on the buyer
107	and seller disbursement statement or an addendum accompanying
108	the buyer and seller disbursement statement identifying the fee
109	and must disclose the amount of the fee to the prospective
110	buyer.
111	Section 5. Utilization of funds.--Funds received by the
112	local government pursuant to this act shall be used as
113	authorized in subsections (1)-(4); however, when a balance
114	remains at the end of each fiscal year in any category as
115	provided in subsections (1)-(4), the board of county
116	commissioners may, by majority vote, reallocate up to 50 percent
117	of the remaining balance to be used for any of the other
118	purposes authorized by this section. Division of funds between
119	the county and municipalities in areas of critical state concern
120	shall be in accordance with any existing agreement between the
121	county and municipalities addressing priorities for uses
122	established in subsections (1)-(4).
123	(1) Seventy percent of the funds received shall be used
124	for improvements to wastewater or stormwater facilities.
125	(2) Ten percent of the funds received shall be used for
126	acquisition of land for moderate and affordable housing.
127	(3) Ten percent of the funds received shall be used for
128	acquisition of environmentally sensitive lands as designated by
129	the local governing entity imposing the fee.
130	(4) Ten percent of the funds received shall be used for
131	other purposes necessary or resulting from the implementation of
132	this act.
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134	Funds collected under this act may be used to complete projects
135	currently underway or projects undertaken pursuant to this act.
136	Section 6. A local government’s authorization to impose or
137	collect the fee authorized under this act shall expire 10 years
138	after the termination of the designation of the area of critical
139	state concern pursuant to s. 380.05, Florida Statutes, in which
140	the local government is located.
141	Section 7. This act shall take effect upon becoming a law.