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.