HB 1221

1
A bill to be entitled
2An act relating to the discretionary surtax on documents;
3amending ss. 125.0167 and 201.031, F.S.; authorizing
4certain counties operating under a home rule charter to
5levy the discretionary surtax for purposes of establishing
6and funding a Housing Assistance Loan Trust Fund to assist
7in providing housing for low-income and moderate-income
8families; prohibiting certain counties from levying the
9surtax unless approved by a majority of the electors of
10the county voting in a referendum; providing requirements
11for holding a referendum; providing for the future repeal
12of ss. 125.0167 and 201.031, F.S., relating to the surtax
13on documents for purposes of funding housing assistance;
14repealing s. 3 of ch. 83-220, Laws of Florida, as amended,
15relating to the former repeal date established for the
16discretionary surtax on documents; providing an effective
17date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 125.0167, Florida Statutes, is amended
22to read:
23     125.0167  Discretionary surtax on documents; adoption;
24application of revenue.--
25     (1)  Pursuant to the provisions of s. 201.031, the
26governing authority in each county having a population of 1.2
27million or greater which operates under a home rule charter, and
28each county, as defined by s. 125.011(1), is authorized to levy
29a discretionary surtax on documents for the purpose of
30establishing and financing a Housing Assistance Loan Trust Fund
31to assist in the financing of construction, rehabilitation, or
32purchase of housing for low-income and moderate-income families.
33 No less than 50 percent of the funds used in each county to
34provide such housing assistance shall be for the benefit of low-
35income families.  For the purpose of this section, "low-income
36family" means a family whose income does not exceed 80 percent
37of the median income for the area, and "moderate-income family"
38means a family whose income is in excess of 80 percent but less
39than 140 percent of the median income for the area.  For
40purposes of this section, the term "housing" is not limited to
41single-family, detached dwellings. The rate of the surtax shall
42not exceed the rate of 45 cents for each $100 or fractional part
43thereof of the consideration therefor. Such surtax shall apply
44only to those documents taxable under s. 201.02, except that
45there shall be no surtax on any document pursuant to which the
46interest granted, assigned, transferred, or conveyed involves
47only a single-family residence.  Such single-family residence
48may be a condominium unit, a unit held through stock ownership
49or membership representing a proprietary interest in a
50corporation owning a fee or a leasehold initially in excess of
5198 years, or a detached dwelling.
52     (2)(a)  The levy of the discretionary surtax and the
53creation of a Housing Assistance Loan Trust Fund shall be by
54ordinance, which shall set forth the policies and procedures of
55the assistance program. A charter county that is not a county as
56defined in s. 125.011(1) may, by ordinance, limit the
57applicability of the discretionary surtax on documents taxable
58under s. 201.031. The ordinance shall be proposed at a regular
59meeting of the governing authority at least 2 weeks prior to
60formal adoption.  Formal adoption shall not be effective unless
61approved on final vote by a majority of the total membership of
62the governing authority.  The ordinance shall not take effect
63until 90 days after formal adoption.
64     (b)  Notwithstanding paragraph (a), a charter county that
65is not a county as defined in s. 125.011(1) may not levy the
66surtax unless such levy is approved by a majority of the
67qualified electors of the county voting in a referendum called
68by the governing authority of the charter county. The referendum
69may be held in conjunction with any primary or general election,
70or at any other time determined appropriate by the governing
71authority of the charter county. The general laws of this state
72governing elections shall apply to the referendum required by
73this paragraph and notice of the referendum must comply with s.
74100.342. If the voters approved the levy of the surtax, the
75charter county's governing authority shall proceed to levy the
76surtax as provided in paragraph (a).
77     (3)  The county shall deposit revenues from the
78discretionary surtax in the Housing Assistance Loan Trust Fund
79of the county, except that a portion of such revenues may be
80deposited into the Home Investment Trust Fund of the county as
81defined by and created pursuant to the requirements of federal
82law.  The county shall use the revenues only to help finance the
83construction, rehabilitation, or purchase of housing for low-
84income families and moderate-income families, to pay necessary
85costs of collection and enforcement of the surtax, and to fund
86any local matching contributions required pursuant to federal
87law. For purposes of this section, authorized uses of the
88revenues include, but are not limited to, providing funds for
89first and second mortgages and acquiring property for the
90purpose of forming housing cooperatives.  Special consideration
91shall be given toward using the revenues in the neighborhood
92economic development programs of community development
93corporations.  No more than 50 percent of the revenues collected
94each year pursuant to this section may be used to help finance
95new construction as provided herein.  The proceeds of the surtax
96shall not be used for rent subsidies or grants.
97     (4)  This section is repealed effective October 1, 2016.
98     Section 2.  Section 201.031, Florida Statutes, is amended
99to read:
100     201.031  Discretionary surtax; administration and
101collection; Housing Assistance Loan Trust Fund; reporting
102requirements.--
103     (1)  Each county having a population of 1.2 million or
104greater which operates under a home rule charter, and each
105county, as defined by s. 125.011(1), may levy, subject to the
106provisions of s. 125.0167, a discretionary surtax on documents
107taxable under the provisions of s. 201.02, except that there
108shall be no surtax on any document pursuant to which the
109interest granted, assigned, transferred, or conveyed involves
110only a single-family residence.  Such single-family residence
111may be a condominium unit, a unit held through stock ownership
112or membership representing a proprietary interest in a
113corporation owning a fee or a leasehold initially in excess of
11498 years, or a detached dwelling.
115     (2)  All provisions of chapter 201, except s. 201.15, shall
116apply to the surtax.  The Department of Revenue shall pay to the
117governing authority of the county which levies the surtax all
118taxes, penalties, and interest collected under this section less
119any costs of administration.
120     (3)  Each county which levies the surtax shall include in
121the financial report required under s. 218.32 information
122showing the revenues and the expenses of the trust fund for the
123fiscal year.
124     (4)  This section is repealed effective October 1, 2016.
125     Section 3.  Section 3 of chapter 83-220, Laws of Florida,
126as amended by section 1 of chapter 84-270, Laws of Florida, and
127section 1 of chapter 89-252, Laws of Florida, is repealed.
128     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.