CS/CS/HB 1459

1	A bill to be entitled
2	An act relating to discretionary surtax on documents;
3	amending s. 3, ch. 83-220, Laws of Florida, as amended;
4	extending a future repeal date of provisions authorizing
5	counties to levy a discretionary surtax on documents;
6	amending s. 125.0167, F.S.; limiting the percentage of
7	surtax revenues that may be used for administrative costs;
8	specifying a minimum amount of surtax revenues to be used
9	for housing for certain low-income and moderate-income
10	families; requiring an affirmative vote of a local
11	government governing body to rehabilitate certain
12	governmentally owned housing; requiring certain remaining
13	revenues to be used for down payment assistance;
14	authorizing certain counties to create by ordinance a
15	housing choice assistance voucher program; providing
16	definitions; providing eligibility requirements for such
17	vouchers; authorizing purchasing employers to file for
18	allocations for such vouchers; limiting allocations;
19	requiring distribution of allocations to employees in the
20	form of such vouchers; prohibiting use of allocations for
21	such vouchers if not awarded within a time certain after
22	certain documentary stamps taxes are collected; amending
23	s. 201.031, F.S.; expanding requirements for counties
24	levying the discretionary surtax to include housing plan,
25	affordable housing element, and annual reporting
26	requirements; requiring the Auditor General to conduct a
27	biennial financial review of the discretionary surtax
28	program operated by counties; requiring a report;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 3 of chapter 83-220, Laws of Florida,
34	as amended by section 1 of chapter 84-270, Laws of Florida, and
35	section 1 of chapter 89-252, Laws of Florida, is amended to
36	read:
37	Section 3.  Sections 1 and 2 of chapter 83-220, Laws of
38	Florida, as amended by this act, are repealed effective October
39	1, 2031 2011.
40	Section 2.  Subsections (4), (5), (6), (7), and (8) are
41	added to section 125.0167, Florida Statutes, to read:
42	125.0167  Discretionary surtax on documents; adoption;
43	application of revenue.--
44	(4)  No more than 10 percent of surtax revenues collected
45	by the Department of Revenue and remitted to the county in any
46	fiscal year may be used for administrative costs.
47	(5)  No less than 50 percent of the revenues collected in
48	the Housing Assistance Loan Trust Fund shall be used to finance
49	construction, rehabilitation, or purchase of single-family
50	housing for low-income and moderate-income families.
51	(6)  Rehabilitation of housing owned by a recipient
52	government shall only be authorized after an affirmative vote of
53	the governing body that no other sources of funds are available.
54	(7)  Any funds remaining after financing, construction,
55	rehabilitation, or purchase pursuant to subsections (5) and (6)
56	shall be used for down payment assistance.
57	(8)(a)  The governing body of each county as defined in s.
58	125.011(1) may by county ordinance and pursuant to procedures
59	and requirements provided by such ordinance create a housing
60	choice assistance voucher program.
61	(b)  For purposes of this subsection, the term:
62	1.  "Housing choice assistance voucher" means the document
63	used to access assistance paid by the county from the
64	discretionary surtax balance in the Housing Assistance Trust
65	Fund to a prospective purchaser of a single-family residence
66	which must be the purchaser's homestead.
67	2.  "Purchasing employer" means a business or business
68	entity that has acquired real property within the county and
69	paid the surtax due as a result of the acquisition of that
70	property pursuant to this section.
71	(c)  Housing choice assistance vouchers shall be used for
72	down payment assistance:
73	1.  For the purchase of a single-family residence within
74	the county.
75	2.  By low-income or moderate-income persons who are:
76	a.  Actively employed by the purchasing employer or by a
77	business entity directly affiliated with the purchasing
78	employer; and
79	b.  Prequalified for a mortgage loan by a certified lending
80	institution.
81	(d)  Upon payment of the discretionary surtax pursuant to
82	this section, the purchasing employer may file for an allocation
83	for housing choice assistance vouchers from the county in an
84	amount not to exceed 50 percent of the amount of the
85	discretionary surtax paid. The purchasing employer shall
86	distribute the allocation to employees in the form of housing
87	choice assistance vouchers pursuant to rules and procedures
88	established for the program.
89	(e)  Any housing choice assistance voucher allocation not
90	distributed to employees and redeemed by an employee within 1
91	year after the date the discretionary surtax is paid may not be
92	used for housing choice assistance vouchers under this
93	subsection.
94	(f)  Any housing assistance paid pursuant to the housing
95	choice assistance voucher program shall be included in the
96	calculation determining the percentage of discretionary surtax
97	funds used for homeownership purposes during the year in which
98	the surtax funds for such purposes are expended.
99	Section 3.  Section 201.031, Florida Statutes, is amended
100	to read:
101	201.031  Discretionary surtax; administration and
102	collection; Housing Assistance Loan Trust Fund; reporting
103	requirements.--
104	(1)  Each county, as defined by s. 125.011(1), may levy,
105	subject to the provisions of s. 125.0167, a discretionary surtax
106	on documents taxable under the provisions of s. 201.02, except
107	that there shall be no surtax on any document pursuant to which
108	the interest granted, assigned, transferred, or conveyed
109	involves only a single-family residence. The Such single-family
110	residence may be a condominium unit, a unit held through stock
111	ownership or membership representing a proprietary interest in a
112	corporation owning a fee or a leasehold initially in excess of
113	98 years, or a detached dwelling.
114	(2)  All provisions of chapter 201, except s. 201.15, shall
115	apply to the surtax. The Department of Revenue shall pay to the
116	governing authority of the county which levies the surtax all
117	taxes, penalties, and interest collected under this section less
118	any costs of administration.
119	(3)  Each county that which levies the surtax shall:
120	(a)  Include in the financial report required under s.
121	218.32 information showing the revenues and the expenses of the
122	trust fund for the fiscal year.
123	(b)  Adopt a housing plan every 3 years that includes
124	provisions substantially similar to the plans required in s.
125	420.9075(1).
126	(c)  Have adopted an affordable housing element of its
127	comprehensive land use plan that complies with s.
128	163.3177(6)(f).
129	(d)  Require by resolution that the staff or entity that
130	has administrative authority for implementing the housing plan
131	prepare and submit to the county's governing body an annual
132	report substantially similar to the annual report required in s.
133	420.9075(10).
134	(4)  Every 2 years after the effective date of this act,
135	the Auditor General shall conduct a financial review of the
136	discretionary surtax program operated by counties under s.
137	125.0167. The Auditor General shall provide a report of such
138	review to the President of the Senate and the Speaker of the
139	House of Representatives.
140	Section 4.  This act shall take effect upon becoming a law.

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