SENATE AMENDMENT
    Bill No. CS for SB 2688
    Amendment No. ___   Barcode 740180
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/2R          .                    
       05/01/2003 10:32 AM         .                    
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11  Senator Geller moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 17, between lines 11 & 12,
15  
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%
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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         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
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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  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.)
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 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;
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    5:34 PM   04/29/03                               s2688.cp31.ii