Florida Senate - 2008 CS for SB 1492

By the Committee on Community Affairs; and Senator Margolis

578-05419A-08 20081492c1

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A bill to be entitled

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An act relating to a discretionary surtax; amending s. 3,

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ch. 83-220, Laws of Florida, as amended; extending the

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date of repeal of provisions authorizing counties to levy

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a discretionary surtax on documents; amending s. 201.031,

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F.S.; requiring each county that levies the discretionary

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surtax to prepare an annual financial report showing the

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revenues and the expenses of the trust fund for the fiscal

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year, to retain an independent outside auditor to conduct

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a financial audit of surtax revenues and expenditures, to

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adopt by resolution of its governing body a housing plan

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every 3 years, and to require by resolution that the staff

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or entity that has administrative authority for

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implementing the housing plan to prepare and submit to the

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county's governing body an annual report; limiting to a

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maximum of 10 percent the portion of the surtax revenues

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which may be used for administrative costs; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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

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

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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 October 1, 2011.

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     Section 2.  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) Retain an independent outside auditor to conduct a

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financial audit of surtax revenues and expenditures annually, the

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cost of which may not be considered an administrative cost;

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     (c) Adopt by resolution of its governing body, a housing

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plan every 3 years which includes provisions substantially

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similar to the plans required in s. 420.9075(1); and

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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) 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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     Section 3.  This act shall take effect upon becoming a law.

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