HB 1357

1
A bill to be entitled
2An act relating to the discretionary surtax on documents;
3amending s. 125.0167, F.S.; decreasing the rate of the
4tax; requiring use of certain amounts of surtax revenues
5for certain purposes; requiring a county to provide
6matching funds for certain purposes; limiting use of
7surtax revenues for administrative expenses; providing an
8effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsections (1) and (3) of section 125.0167,
13Florida Statutes, are amended to read:
14     125.0167  Discretionary surtax on documents; adoption;
15application of revenue.--
16     (1)  Pursuant to the provisions of s. 201.031, the
17governing authority in each county, as defined by s. 125.011(1),
18is authorized to levy a discretionary surtax on documents for
19the purpose of establishing and financing a Housing Assistance
20Loan Trust Fund to assist in the financing of construction,
21rehabilitation, or purchase of housing for low-income and
22moderate-income families. No less than 50 percent of the funds
23used in each county to provide such housing assistance shall be
24for the benefit of low-income families. For the purpose of this
25section, "low-income family" means a family whose income does
26not exceed 80 percent of the median income for the area, and
27"moderate-income family" means a family whose income is in
28excess of 80 percent but less than 140 percent of the median
29income for the area. For purposes of this section, the term
30"housing" is not limited to single-family, detached dwellings.
31The rate of the surtax shall not exceed the rate of 30 45 cents
32for each $100 or fractional part thereof of the consideration
33therefor. Such surtax shall apply only to those documents
34taxable under s. 201.02, except that there shall be no surtax on
35any document pursuant to which the interest granted, assigned,
36transferred, or conveyed involves only a single-family
37residence. Such single-family residence may be a condominium
38unit, a unit held through stock ownership or membership
39representing a proprietary interest in a corporation owning a
40fee or a leasehold initially in excess of 98 years, or a
41detached dwelling. At least 60 percent of the revenues from the
42surtax shall be used for projects that encourage home ownership
43by providing assistance for down payments for first-time
44homeowners.
45     (3)  The county shall deposit revenues from the
46discretionary surtax in the Housing Assistance Loan Trust Fund
47of the county, except that a portion of such revenues may be
48deposited into the Home Investment Trust Fund of the county as
49defined by and created pursuant to the requirements of federal
50law. In order to withdraw moneys from the Housing Assistance
51Loan trust fund of the county for the purposes of this section,
52the county must provide additional matching funds to be used for
53the purposes of this section. The county shall use the revenues
54only to help finance the construction, rehabilitation, or
55purchase of housing for low-income families and moderate-income
56families, to pay necessary costs of administration, collection,
57and enforcement of the surtax, and to fund any local matching
58contributions required pursuant to federal law. For purposes of
59this section, authorized uses of the revenues include, but are
60not limited to, providing funds for first and second mortgages
61and acquiring property for the purpose of forming housing
62cooperatives. No more than 5 percent of surtax revenues may be
63used for costs of administration. Special consideration shall be
64given toward using the revenues in the neighborhood economic
65development programs of community development corporations. No
66more than 50 percent of the revenues collected each year
67pursuant to this section may be used to help finance new
68construction as provided herein. The proceeds of the surtax
69shall not be used for rent subsidies or grants.
70     Section 2.  This act shall take effect July 1, 2007.


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