HOUSE AMENDMENT Bill No. HB 435 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Sorensen offered the following:
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14	Amendment (with directory and title amendments)
15	Remove line 489, and insert:
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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 of
20	an area designated as an area of critical state concern under s.
21	380.05, Florida Statutes, may adopt a resolution or ordinance
22	for imposition and collection of a residential acquisition fee
23	in the area of critical state concern. A local government may
24	not adopt an ordinance or resolution to collect a residential
25	acquisition fee in any area where another local government has
26	already passed an ordinance or resolution imposing the fee
27	unless the fee has expired or has failed to be approved by the
28	electorate. The fee shall be assessed in accordance with the
29	schedule set forth in subsection (2) of section 9. The
30	authorization provided in this section shall be construed to be
31	general law authorization pursuant to s. 1, Art. VII of the
32	State Constitution.
33	(2) Such ordinance or resolution must be approved by a
34	majority of the qualified electors in the affected area of
35	critical state concern. The ordinance or resolution for fee
36	adoption must establish the date, time, and place of the
37	referendum and provide appropriate ballot language, including,
38	but not limited to, the fee schedule set forth in subsection (2)
39	of section 9.
40	(3) Any fees imposed and collected pursuant to this act
41	shall be deposited into a residential acquisition fund to be
42	established by ordinance or resolution of the governing body of
43	the local government imposing the fee. The fund shall be
44	maintained and administered by the clerk of the court. Six
45	months after the initial collection, and quarterly thereafter,
46	the clerk shall remit the proceeds accrued in the residential
47	acquisition fund, less reasonable administrative costs of the
48	clerk amounting to no more than $5 per transaction, to the local
49	government imposing the fee.
50	Section 9. Applicability of fee; fee schedule.--
51	(1) The residential acquisition fee shall be imposed at
52	closing or upon the sale of a single-family residential or
53	multifamily residential property on a sliding scale based on
54	purchase price of the property. Commercial, governmental, and
55	unimproved properties are not subject to the provisions of this
56	act. Refinancing of residential loans is not subject to the
57	provisions of this act.
58	(2) The fee is based on the following schedule:
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60	SCHEDULE OF FEES
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62	PURCHASE PRICE OF PROPERTY PERCENTAGE OF FEE
63	Properties purchased at $249,999 or less..............0%
64	Properties purchased at $250,000 to $499,999.......1.00%
65	Properties purchased at $500,000 to $999,999.......1.50%
66	Properties purchased at $1,000,000 to $1,999,999...1.75%
67	Properties purchased at $2,000,000 or more.........2.00%
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69	Section 10. Collection of fee.--At the time of closing or
70	upon the sale of a single-family residential or a multifamily
71	residential property, the closing agent, the representative of
72	the closing agent, or the seller must collect and remit the fee
73	to the clerk. The closing agent, the representative of the
74	closing agent, or the seller must provide a space on the buyer
75	and seller disbursement statement or an addendum accompanying
76	the buyer and seller disbursement statement identifying the fee
77	and must disclose the amount of the fee to the prospective
78	buyer.
79	Section 11. Utilization of funds.--Funds received by the
80	local government pursuant to this act shall be used for the
81	creation of or improvements to wastewater or stormwater
82	facilities. Division of funds between the county and
83	municipalities in areas of critical state concern shall be in
84	accordance with any existing agreement between the county and
85	municipalities addressing priorities for uses established in
86	this act. Funds collected under this act may be used to complete
87	projects currently underway or projects undertaken pursuant to
88	this act.
89	Section 12. A local government’s authorization to impose
90	or collect the fee authorized under this act shall expire 10
91	years after the termination of the designation of the area of
92	critical state concern pursuant to s. 380.05, Florida Statutes,
93	in which the local government is located.
94	Section 13. This act shall take effect upon becoming a
95	law.
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98	================= T I T L E A M E N D M E N T =================
99	Remove line(s) 25 and 26, and insert:
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101	correcting cross references, to conform; providing
102	authority for local governments to impose a residential
103	acquisition fee by ordinance or resolution; prohibiting
104	imposition of such fee in an area where a fee has been
105	approved by another local government; providing for a
106	referendum; providing a fee schedule; providing procedures
107	for collection of fees; providing for utilization of
108	funds; requiring the county and municipalities to divide
109	funds pursuant to agreement; providing a time limit on
110	local government authorization to impose or collect
111	certain fees; providing an effective date.