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 operational audit 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38	Florida, as amended by this act, are repealed effective October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)(a)  Notwithstanding the provisions of subsection (3),
48	no less than 50 percent of the revenues collected in the Housing
49	Assistance Loan Trust Fund shall be used to provide
50	homeownership assistance for low-income and moderate-income
51	families.  At least 10 percent of the funds specified in this
52	paragraph shall be used for down payment assistance.
53	(b)  For purposes of this subsection, the term
54	"homeownership assistance" means assisting low-income and
55	moderate-income families in purchasing a home as their primary
56	residence, including, but not limited to, reducing the cost of
57	the home with below-market construction financing, the amount of
58	down payment and closing costs paid by the borrower, or the
59	mortgage payment to an affordable amount for the purchaser or
60	using any other financial assistance measure set forth in s.
61	420.5088.
62	(6)  Rehabilitation of housing owned by a recipient
63	government shall only be authorized after an affirmative vote of
64	the governing body that no other sources of funds are available.
65	(7)(a)  The governing body of each county as defined in s.
66	125.011(1) may by county ordinance and pursuant to procedures
67	and requirements provided by such ordinance create a housing
68	choice assistance voucher program.
69	(b)  For purposes of this subsection, the term:
70	1.  "Housing choice assistance voucher" means the document
71	used to access assistance paid by the county from the
72	discretionary surtax balance in the Housing Assistance Trust
73	Fund to a prospective purchaser of a single-family residence
74	which must be the purchaser's homestead.
75	2.  "Purchasing employer" means a business or business
76	entity that has acquired real property within the county and
77	paid the surtax due as a result of the acquisition of that
78	property pursuant to this section.
79	(c)  Housing choice assistance vouchers shall be used for
80	down payment assistance:
81	1.  For the purchase of a single-family residence within
82	the county.
83	2.  By low-income or moderate-income persons who are:
84	a.  Actively employed by the purchasing employer or by a
85	business entity directly affiliated with the purchasing
86	employer; and
87	b.  Prequalified for a mortgage loan by a certified lending
88	institution.
89	(d)  Upon payment of the discretionary surtax pursuant to
90	this section, the purchasing employer may file for an allocation
91	for housing choice assistance vouchers from the county in an
92	amount not to exceed 50 percent of the amount of the
93	discretionary surtax paid. The purchasing employer shall
94	distribute the allocation to employees in the form of housing
95	choice assistance vouchers pursuant to rules and procedures
96	established for the program.
97	(e)  Any housing choice assistance voucher allocation not
98	distributed to employees and redeemed by an employee within 1
99	year after the date the discretionary surtax is paid may not be
100	used for housing choice assistance vouchers under this
101	subsection.
102	(f)  Any housing assistance paid pursuant to the housing
103	choice assistance voucher program shall be included in the
104	calculation determining the percentage of discretionary surtax
105	funds used for homeownership purposes during the year in which
106	the surtax funds for such purposes are expended.
107	Section 3.  Section 201.031, Florida Statutes, is amended
108	to read:
109	201.031  Discretionary surtax; administration and
110	collection; Housing Assistance Loan Trust Fund; reporting
111	requirements.--
112	(1)  Each county, as defined by s. 125.011(1), may levy,
113	subject to the provisions of s. 125.0167, a discretionary surtax
114	on documents taxable under the provisions of s. 201.02, except
115	that there shall be no surtax on any document pursuant to which
116	the interest granted, assigned, transferred, or conveyed
117	involves only a single-family residence. The Such single-family
118	residence may be a condominium unit, a unit held through stock
119	ownership or membership representing a proprietary interest in a
120	corporation owning a fee or a leasehold initially in excess of
121	98 years, or a detached dwelling.
122	(2)  All provisions of chapter 201, except s. 201.15, shall
123	apply to the surtax. The Department of Revenue shall pay to the
124	governing authority of the county which levies the surtax all
125	taxes, penalties, and interest collected under this section less
126	any costs of administration.
127	(3)  Each county that which levies the surtax shall:
128	(a)  Include in the financial report required under s.
129	218.32 information showing the revenues and the expenses of the
130	trust fund for the fiscal year.
131	(b)  Adopt a housing plan every 3 years that includes
132	provisions substantially similar to the plans required in s.
133	420.9075(1).
134	(c)  Have adopted an affordable housing element of its
135	comprehensive land use plan that complies with s.
136	163.3177(6)(f).
137	(d)  Require by resolution that the staff or entity that
138	has administrative authority for implementing the housing plan
139	prepare and submit to the county's governing body an annual
140	report substantially similar to the annual report required in s.
141	420.9075(10).
142	(4)  Every 2 years after the effective date of this act,
143	the Auditor General shall conduct an operational audit as
144	defined in s. 11.45, Florida Statutes, of the discretionary
145	surtax program operated by counties under s. 125.0167. The
146	Auditor General shall provide a report of such audit to the
147	President of the Senate and the Speaker of the House of
148	Representatives.
149	Section 4.  This act shall take effect upon becoming a law.

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