Senate Bill sb2578c1

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    Florida Senate - 2005                           CS for SB 2578

    By the Committee on Government Efficiency Appropriations; and
    Senator Atwater




    593-2217-05

  1                      A bill to be entitled

  2         An act relating to the discretionary surtax on

  3         documents; amending ss. 125.0167 and 201.031,

  4         F.S.; authorizing certain counties operating

  5         under a home rule charter to levy the

  6         discretionary surtax for purposes of

  7         establishing and funding a Housing Assistance

  8         Loan Trust Fund to assist in providing housing

  9         for low-income and moderate-income families;

10         prohibiting certain counties from levying the

11         surtax unless approved by a majority of the

12         electors of the county voting in a referendum;

13         providing requirements for holding a

14         referendum; providing for the future repeal of

15         ss. 125.0167 and 201.031, F.S., relating to the

16         surtax on documents for purposes of funding

17         housing assistance; amending s. 201.0205, F.S.;

18         deleting references to s. 3 of ch. 83-220, Laws

19         of Florida, updating cross-references;

20         repealing s. 3 of ch. 83-220, Laws of Florida,

21         as amended, relating to the former repeal date

22         established for the discretionary surtax on

23         documents; providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 125.0167, Florida Statutes, is

28  amended to read:

29         125.0167  Discretionary surtax on documents; adoption;

30  application of revenue.--

31  

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    Florida Senate - 2005                           CS for SB 2578
    593-2217-05




 1         (1)  Pursuant to the provisions of s. 201.031, the

 2  governing authority in each county having a population of 1.2

 3  million or greater which operates under a home rule charter,

 4  and each county, as defined by s. 125.011(1), is authorized to

 5  levy a discretionary surtax on documents for the purpose of

 6  establishing and financing a Housing Assistance Loan Trust

 7  Fund to assist in the financing of construction,

 8  rehabilitation, or purchase of housing for low-income and

 9  moderate-income families.  No less than 50 percent of the

10  funds used in each county to provide such housing assistance

11  shall be for the benefit of low-income families.  For the

12  purpose of this section, "low-income family" means a family

13  whose income does not exceed 80 percent of the median income

14  for the area, and "moderate-income family" means a family

15  whose income is in excess of 80 percent but less than 140

16  percent of the median income for the area.  For purposes of

17  this section, the term "housing" is not limited to

18  single-family, detached dwellings. The rate of the surtax

19  shall not exceed the rate of 45 cents for each $100 or

20  fractional part thereof of the consideration therefor. Such

21  surtax shall apply only to those documents taxable under s.

22  201.02, except that there shall be no surtax on any document

23  pursuant to which the interest granted, assigned, transferred,

24  or conveyed involves only a single-family residence.  Such

25  single-family residence may be a condominium unit, a unit held

26  through stock ownership or membership representing a

27  proprietary interest in a corporation owning a fee or a

28  leasehold initially in excess of 98 years, or a detached

29  dwelling.

30         (2)(a)  The levy of the discretionary surtax and the

31  creation of a Housing Assistance Loan Trust Fund shall be by

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    Florida Senate - 2005                           CS for SB 2578
    593-2217-05




 1  ordinance, which shall set forth the policies and procedures

 2  of the assistance program. A charter county that is not a

 3  county as defined in s. 125.011(1) may, by ordinance, limit

 4  the applicability of the discretionary surtax on documents

 5  taxable under s. 201.031. The ordinance shall be proposed at a

 6  regular meeting of the governing authority at least 2 weeks

 7  prior to formal adoption.  Formal adoption shall not be

 8  effective unless approved on final vote by a majority of the

 9  total membership of the governing authority.  The ordinance

10  shall not take effect until 90 days after formal adoption.

11         (b)  Notwithstanding paragraph (a), a charter county

12  that is not a county as defined in s. 125.011(1) may not levy

13  the surtax unless such levy is approved by a majority of the

14  qualified electors of the county voting in a referendum called

15  by the governing authority of the charter county. The

16  referendum may be held in conjunction with any primary or

17  general election, or at any other time determined appropriate

18  by the governing authority of the charter county. The general

19  laws of this state governing elections shall apply to the

20  referendum required by this paragraph and notice of the

21  referendum must comply with s. 100.342. If the voters approved

22  the levy of the surtax, the charter county's governing

23  authority shall proceed to levy the surtax as provided in

24  paragraph (a).

25         (3)  The county shall deposit revenues from the

26  discretionary surtax in the Housing Assistance Loan Trust Fund

27  of the county, except that a portion of such revenues may be

28  deposited into the Home Investment Trust Fund of the county as

29  defined by and created pursuant to the requirements of federal

30  law.  The county shall use the revenues only to help finance

31  the construction, rehabilitation, or purchase of housing for

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    Florida Senate - 2005                           CS for SB 2578
    593-2217-05




 1  low-income families and moderate-income families, to pay

 2  necessary costs of collection and enforcement of the surtax,

 3  and to fund any local matching contributions required pursuant

 4  to federal law. For purposes of this section, authorized uses

 5  of the revenues include, but are not limited to, providing

 6  funds for first and second mortgages and acquiring property

 7  for the purpose of forming housing cooperatives.  Special

 8  consideration shall be given toward using the revenues in the

 9  neighborhood economic development programs of community

10  development corporations.  No more than 50 percent of the

11  revenues collected each year pursuant to this section may be

12  used to help finance new construction as provided herein.  The

13  proceeds of the surtax shall not be used for rent subsidies or

14  grants.

15         (4)  This section is repealed effective October 1,

16  2016.

17         Section 2.  Section 201.031, Florida Statutes, is

18  amended to read:

19         201.031  Discretionary surtax; administration and

20  collection; Housing Assistance Loan Trust Fund; reporting

21  requirements.--

22         (1)  Each county having a population of 1.2 million or

23  greater which operates under a home rule charter, and each

24  county, as defined by s. 125.011(1), may levy, subject to the

25  provisions of s. 125.0167, a discretionary surtax on documents

26  taxable under the provisions of s. 201.02, except that there

27  shall be no surtax on any document pursuant to which the

28  interest granted, assigned, transferred, or conveyed involves

29  only a single-family residence.  Such single-family residence

30  may be a condominium unit, a unit held through stock ownership

31  or membership representing a proprietary interest in a

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    Florida Senate - 2005                           CS for SB 2578
    593-2217-05




 1  corporation owning a fee or a leasehold initially in excess of

 2  98 years, or a detached dwelling.

 3         (2)  All provisions of chapter 201, except s. 201.15,

 4  shall apply to the surtax.  The Department of Revenue shall

 5  pay to the governing authority of the county which levies the

 6  surtax all taxes, penalties, and interest collected under this

 7  section less any costs of administration.

 8         (3)  Each county which levies the surtax shall include

 9  in the financial report required under s. 218.32 information

10  showing the revenues and the expenses of the trust fund for

11  the fiscal year.

12         (4)  This section is repealed effective October 1,

13  2016.

14         Section 3.  Section 201.0205, Florida Statutes, is

15  amended to read:

16         201.0205  Counties as defined by s. 125.011(1) that

17  have implemented a discretionary surtax under s. 125.0167 ch.

18  83-220; inapplicability of 10-cent tax increase by s. 2, ch.

19  92-317, Laws of Florida.--The 10-cent tax increase in the

20  documentary stamp tax levied by s. 2, chapter 92-317, does not

21  apply to deeds and other taxable instruments relating to real

22  property located in any county as defined by s. 125.011(1)

23  that has levied a discretionary surtax on documents under s.

24  125.0167 implemented the provisions of chapter 83-220, Laws of

25  Florida, as amended by chapters 84-270, 86-152, and 89-252,

26  Laws of Florida. Each such county and each eligible

27  jurisdiction within such county shall not be eligible to

28  participate in programs funded pursuant to s. 201.15(9) s.

29  201.15(6). However, each such county and each eligible

30  jurisdiction within such county shall be eligible to

31  

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    Florida Senate - 2005                           CS for SB 2578
    593-2217-05




 1  participate in programs funded pursuant to s. 201.15(10) s.

 2  201.15(7).

 3         Section 4.  Section 3 of chapter 83-220, Laws of

 4  Florida, as amended by section 1 of chapter 84-270, Laws of

 5  Florida, and section 1 of chapter 89-252, Laws of Florida, is

 6  repealed.

 7         Section 5.  This act shall take effect upon becoming a

 8  law.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                             SB 2578

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13  The committee substitute deletes cross-references to sections
    of Laws of Florida repealed by the bill.
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