CS/HB 1459

1
A bill to be entitled
2An act relating to the discretionary surtax on documents;
3amending s. 3, ch. 83-220, Laws of Florida, as amended;
4extending a future repeal date of provisions authorizing
5counties to levy a discretionary surtax on documents;
6amending s. 201.031, F.S.; expanding requirements for
7counties levying the discretionary surtax to include
8auditing, housing plan, and annual reporting requirements;
9limiting the percentage of surtax revenues that may be
10used for administrative costs; specifying a minimum amount
11of surtax revenues to be used for housing for certain low-
12income and moderate-income families; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 3 of chapter 83-220, Laws of Florida,
18as amended by section 1 of chapter 84-270, Laws of Florida, and
19section 1 of chapter 89-252, Laws of Florida, is amended to
20read:
21     Section 3.  Sections 1 and 2 of chapter 83-220, Laws of
22Florida, as amended by this act, are repealed effective October
231, 2031 2011.
24     Section 2.  Section 201.031, Florida Statutes, is amended
25to read:
26     201.031  Discretionary surtax; administration and
27collection; Housing Assistance Loan Trust Fund; reporting
28requirements.--
29     (1)  Each county, as defined by s. 125.011(1), may levy,
30subject to the provisions of s. 125.0167, a discretionary surtax
31on documents taxable under the provisions of s. 201.02, except
32that there shall be no surtax on any document pursuant to which
33the interest granted, assigned, transferred, or conveyed
34involves only a single-family residence. The Such single-family
35residence may be a condominium unit, a unit held through stock
36ownership or membership representing a proprietary interest in a
37corporation owning a fee or a leasehold initially in excess of
3898 years, or a detached dwelling.
39     (2)  All provisions of chapter 201, except s. 201.15, shall
40apply to the surtax. The Department of Revenue shall pay to the
41governing authority of the county which levies the surtax all
42taxes, penalties, and interest collected under this section less
43any costs of administration.
44     (3)  Each county that which levies the surtax shall:
45     (a)  Include in the financial report required under s.
46218.32 information showing the revenues and the expenses of the
47trust fund for the fiscal year.
48     (b)  Retain an independent outside auditor to conduct a
49financial audit of surtax revenues and expenditures annually,
50the cost of which may not be considered an administrative cost.
51     (c)  Adopt, by resolution of its governing body, a housing
52plan every 3 years that includes provisions substantially
53similar to the plans required in s. 420.9075(1).
54     (d)  Require, by resolution of its governing body, that the
55staff or entity that has administrative authority for
56implementing the housing plan prepare and submit to the county's
57governing body an annual report substantially similar to the
58annual report required in s. 420.9075(10).
59     (4)  No more than 10 percent of surtax revenues collected
60by the Department of Revenue and remitted to the county in any
61fiscal year may be used for administrative costs.
62     (5)  At least 50 percent of the revenues collected shall be
63used to finance construction, rehabilitation, or purchase of
64housing for extremely-low-income, very-low-income, low-income,
65and moderate-income families as provided in s. 420.0004.
66     Section 3.  This act shall take effect upon becoming a law.


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