SENATE AMENDMENT
    Bill No. CS for SB 2688
    Amendment No. ___   Barcode 740180
                            CHAMBER ACTION
              Senate                               House
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       05/01/2003 10:32 AM         .                    
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11  Senator Geller moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 17, between lines 11 & 12,
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16  insert:
17         Section 8.  Authority to adopt ordinance or resolution;
18  amount of fee; referendum; disbursement.--
19         (1)  Any local government that contains an area or part
20  of an area designated as an area of critical state concern
21  under s. 380.05, Florida Statutes, may adopt a resolution or
22  ordinance for imposition and collection of a residential
23  acquisition fee in the area of critical state concern. A local
24  government may not adopt an ordinance or resolution to collect
25  a residential acquisition fee in any area where another local
26  government has already passed an ordinance or resolution
27  imposing the fee unless the fee has expired or has failed to
28  be approved by the electorate. The fee shall be assessed in
29  accordance with the schedule set forth in subsection (2) of
30  section 9. The authorization provided in this section shall be
31  construed to be general law authorization pursuant to s. 1,
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    5:34 PM   04/29/03                               s2688.cp31.ii

SENATE AMENDMENT Bill No. CS for SB 2688 Amendment No. ___ Barcode 740180 1 Art. VII of the State Constitution. 2 (2) Such ordinance or resolution must be approved by a 3 majority of the qualified electors in the affected area of 4 critical state concern. The ordinance or resolution for fee 5 adoption must establish the date, time, and place of the 6 referendum and provide appropriate ballot language, including, 7 but not limited to, the fee schedule set forth in subsection 8 (2) of section 9. 9 (3) Any fees imposed and collected pursuant to this 10 act shall be deposited into a residential acquisition fund to 11 be established by ordinance or resolution of the governing 12 body of the local government imposing the fee. The fund shall 13 be maintained and administered by the clerk of the court. Six 14 months after the initial collection, and quarterly thereafter, 15 the clerk shall remit the proceeds accrued in the residential 16 acquisition fund, less reasonable administrative costs of the 17 clerk amounting to no more than $5 per transaction, to the 18 local government imposing the fee. 19 Section 9. Applicability of fee; fee schedule.-- 20 (1) The residential acquisition fee shall be imposed 21 at closing or upon the sale of a single-family residential or 22 multifamily residential property on a sliding scale based on 23 purchase price of the property. Commercial, governmental, and 24 unimproved properties are not subject to the provisions of 25 this act. Refinancing of residential loans is not subject to 26 the provisions of this act. 27 (2) The fee is based on the following schedule: 28 SCHEDULE OF FEES 29 PURCHASE PRICE OF PROPERTY PERCENTAGE OF FEE 30 Properties purchased at $249,999 or 31 less..............0% 2 5:34 PM 04/29/03 s2688.cp31.ii
SENATE AMENDMENT Bill No. CS for SB 2688 Amendment No. ___ Barcode 740180 1 Properties purchased at $250,000 to 2 $499,999.......1.00% 3 Properties purchased at $500,000 to 4 $999,999.......1.50% 5 Properties purchased at $1,000,000 to 6 $1,999,999...1.75% 7 Properties purchased at $2,000,000 or 8 more.........2.00% 9 10 Section 10. Collection of fee.--At the time of closing 11 or upon the sale of a single-family residential or a 12 multifamily residential property, the closing agent, the 13 representative of the closing agent, or the seller must 14 collect and remit the fee to the clerk. The closing agent, the 15 representative of the closing agent, or the seller must 16 provide a space on the buyer and seller disbursement statement 17 or an addendum accompanying the buyer and seller disbursement 18 statement identifying the fee and must disclose the amount of 19 the fee to the prospective buyer. 20 Section 11. Utilization of funds.--Funds received by 21 the local government pursuant to this act shall be used for 22 the creation of or improvements to wastewater or stormwater 23 facilities. Division of funds between the county and 24 municipalities in areas of critical state concern shall be in 25 accordance with any existing agreement between the county and 26 municipalities addressing priorities for uses established in 27 this act. Funds collected under this act may be used to 28 complete projects currently underway or projects undertaken 29 pursuant to this act. 30 Section 12. A local government's authorization to 31 impose or collect the fee authorized under this act shall 3 5:34 PM 04/29/03 s2688.cp31.ii
SENATE AMENDMENT Bill No. CS for SB 2688 Amendment No. ___ Barcode 740180 1 expire 10 years after the termination of the designation of 2 the area of critical state concern pursuant to s. 380.05, 3 Florida Statutes, in which the local government is located. 4 5 (Redesignate subsequent sections.) 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 1, line 20, after the semicolon 11 12 insert: 13 providing authority for local governments to 14 impose a residential acquisition fee by 15 ordinance or resolution; prohibiting imposition 16 of such fee in an area where a fee has been 17 approved by another local government; providing 18 for a referendum; providing a fee schedule; 19 providing procedures for collection of fees; 20 providing for utilization of funds; requiring 21 the county and municipalities to divide funds 22 pursuant to agreement; providing a time limit 23 on local government authorization to impose or 24 collect certain fees; 25 26 27 28 29 30 31 4 5:34 PM 04/29/03 s2688.cp31.ii