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Senator Margolis moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 3 of chapter 83-220, Laws of Florida, as

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

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section 1 of chapter 89-252, Laws of Florida, is amended to read:

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     Section 3.  Sections 1 and 2 of chapter 83-220, Laws of

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Florida, as amended by this act, are repealed effective October

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1, 2031 2011.

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     Section 2.  Subsections (4), (5), (6), (7), and (8) are

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added to section 125.0167, Florida Statutes, to read:

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     125.0167  Discretionary surtax on documents; adoption;

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application of revenue.--

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     (4) No more than 10 percent of surtax revenues collected by

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the Department of Revenue and remitted to the county in any

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fiscal year may be used for administrative costs.

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     (5)(a) Notwithstanding the provisions of subsection (3), no

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less than 50 percent of the revenues collected in the Housing

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Assistance Loan Trust Fund shall be used to provide homeownership

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assistance for low-income and moderate-income families. At least

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10 percent of the funds specified in this paragraph shall be used

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for down payment assistance.

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     (b) For purposes of this subsection, the term

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"homeownership assistance" means assisting low-income and

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moderate-income families in purchasing a home as their primary

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residence, including, but not limited to, reducing the cost of

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the home with below-market construction financing, the amount of

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down payment and closing costs paid by the borrower, or the

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mortgage payment to an affordable amount for the purchaser or

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using any other financial assistance measure set forth in s.

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420.5088.

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     (6) Rehabilitation of housing owned by a recipient

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government shall only be authorized after an affirmative vote of

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the governing body that no other sources of funds are available.

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     (7)(a) The governing body of each county as defined in s.

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125.011(1) may by county ordinance and pursuant to procedures and

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requirements provided by such ordinance create a housing choice

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assistance voucher program.

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     (b) For purposes of this subsection, the term:

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     1. "Housing choice assistance voucher" means the document

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used to access assistance paid by the county from the

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discretionary surtax balance in the Housing Assistance Trust Fund

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to a prospective purchaser of a single-family residence which

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must be the purchaser's homestead.

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     2. "Purchasing employer" means a business or business

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entity that has acquired real property within the county and paid

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the surtax due as a result of the acquisition of that property

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pursuant to this section.

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     (c) Housing choice assistance vouchers shall be used for

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down payment assistance:

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     1. For the purchase of a single-family residence within the

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county.

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     2. By low-income or moderate-income persons who are:

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     a. Actively employed by the purchasing employer or by a

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business entity directly affiliated with the purchasing employer;

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and

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     b. Prequalified for a mortgage loan by a certified lending

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institution.

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     (d) Upon payment of the discretionary surtax pursuant to

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this section, the purchasing employer may file for an allocation

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for housing choice assistance vouchers from the county in an

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amount not to exceed 50 percent of the amount of the

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discretionary surtax paid. The purchasing employer shall

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distribute the allocation to employees in the form of housing

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choice assistance vouchers pursuant to rules and procedures

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established for the program.

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     (e) Any housing choice assistance voucher allocation not

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distributed to employees and redeemed by an employee within 1

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year after the date the discretionary surtax is paid may not be

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used for housing choice assistance vouchers under this

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subsection.

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     (f) Any housing assistance paid pursuant to the housing

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choice assistance voucher program shall be included in the

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calculation determining the percentage of discretionary surtax

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funds used for homeownership purposes during the year in which

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the surtax funds for such purposes are expended.

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     Section 3.  Section 201.031, Florida Statutes, is amended to

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read:

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     201.031  Discretionary surtax; administration and

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collection; Housing Assistance Loan Trust Fund; reporting

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requirements.--

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     (1)  Each county, as defined by s. 125.011(1), may levy,

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subject to the provisions of s. 125.0167, a discretionary surtax

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on documents taxable under the provisions of s. 201.02, except

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that there shall be no surtax on any document pursuant to which

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the interest granted, assigned, transferred, or conveyed involves

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

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

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membership representing a proprietary interest in a corporation

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owning a fee or a leasehold initially in excess of 98 years, or a

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detached dwelling.

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

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

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governing authority of the county which levies the surtax all

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taxes, penalties, and interest collected under this section less

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any costs of administration.

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     (3) Each county that which levies the surtax shall:

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     (a) Include in the financial report required under s.

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218.32 information showing the revenues and the expenses of the

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trust fund for the fiscal year.

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     (b) Adopt a housing plan every 3 years that includes

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provisions substantially similar to the plans required in s.

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420.9075(1).

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     (c) Have adopted an affordable housing element of its

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comprehensive land use plan that complies with s. 163.3177(6)(f).

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     (d) Require by resolution that the staff or entity that has

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administrative authority for implementing the housing plan

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prepare and submit to the county's governing body an annual

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report substantially similar to the annual report required in s.

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420.9075(10).

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     (4) Every 2 years after the effective date of this act, the

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Auditor General shall conduct an operational audit as defined in

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s. 11.45 of the discretionary surtax program operated by counties

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under s. 125.0167. The Auditor General shall provide a report of

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such audit to the President of the Senate and the Speaker of the

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House of Representatives.

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     Section 4.  This act shall take effect upon becoming a law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to discretionary surtax on documents;

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amending s. 3, ch. 83-220, Laws of Florida, as amended;

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extending a future repeal date of provisions authorizing

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counties to levy a discretionary surtax on documents;

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amending s. 125.0167, F.S.; limiting the percentage of

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surtax revenues that may be used for administrative costs;

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specifying a minimum amount of surtax revenues to be used

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for housing for certain low-income and moderate-income

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families; requiring an affirmative vote of a local

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government governing body to rehabilitate certain

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governmentally owned housing; requiring certain remaining

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revenues to be used for down payment assistance;

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authorizing certain counties to create by ordinance a

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housing choice assistance voucher program; providing

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definitions; providing eligibility requirements for such

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vouchers; authorizing purchasing employers to file for

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allocations for such vouchers; limiting allocations;

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requiring distribution of allocations to employees in the

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form of such vouchers; prohibiting use of allocations for

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such vouchers if not awarded within a certain period after

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certain documentary stamps taxes are collected; amending

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s. 201.031, F.S.; expanding requirements for counties

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levying the discretionary surtax to include housing plan,

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affordable housing element, and annual reporting

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requirements; requiring the Auditor General to conduct a

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biennial operational audit of the discretionary surtax

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program operated by counties; requiring a report;

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providing an effective date.

4/25/2008  3:19:00 PM     35-08756-08