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A bill to be entitled

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An act relating to the excise tax on documents; amending

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

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future repeal date of provisions authorizing counties to

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levy a discretionary surtax on documents; amending s.

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125.0167, F.S.; limiting the percentage of surtax revenues

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that may be used for administrative costs; specifying a

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minimum amount of surtax revenues to be used for housing

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for certain low-income and moderate-income families;

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requiring an affirmative vote of a local government

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governing body to rehabilitate certain governmentally

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owned housing; requiring certain remaining revenues to be

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used for down payment assistance; authorizing certain

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counties to create by ordinance a housing choice

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assistance voucher program; providing definitions;

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providing eligibility requirements for such vouchers;

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authorizing purchasing employers to file for allocations

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for such vouchers; limiting allocations; requiring

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distribution of allocations to employees in the form of

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such vouchers; prohibiting use of allocations for such

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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; amending

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s. 201.02, F.S.; revising criteria determining liability

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for payment of the tax; providing requirements and methods

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for making an election regarding payment of tax under

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specified circumstances; providing requirements; providing

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for application of the act; providing an 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 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 for the purchase of a single-family

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residence within the county by low-income or moderate-income

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persons who are:

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     1. 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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     2. 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.  Subsection (1) of section 201.02, Florida

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Statutes, is amended to read:

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     201.02  Tax on deeds and other instruments relating to real

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property or interests in real property.--

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     (1)(a) On deeds, instruments, documents, or writings

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whereby any lands, tenements, or other real property, or any

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interest therein, shall be granted, assigned, transferred, or

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otherwise conveyed to, or vested in, the purchaser or any other

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person by his or her direction, on each $100 of the consideration

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therefor the tax shall be 70 cents except as otherwise provided

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in this subsection. When the full amount of the consideration for

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the execution, assignment, transfer, or conveyance is not shown

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in the face of such deed, instrument, document, or writing, the

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tax shall be at the rate of 70 cents for each $100 or fractional

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part thereof of the consideration therefor except as otherwise

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provided in this subsection. For purposes of this section,

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consideration includes, but is not limited to, the money paid or

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agreed to be paid; the discharge of an obligation; and the amount

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of any mortgage, purchase money mortgage lien, or other

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encumbrance, whether or not the underlying indebtedness is

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assumed; and any increase in the value of any ownership interest

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in a grantee entity or any other entity. If the consideration

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paid or given in exchange for real property or any interest

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therein includes property other than money, it is presumed that

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there is a purchaser and that the consideration is equal to the

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fair market value of the real property or interest therein.

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     (b) If:

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     1. A deed, instrument, document, or writing grants,

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assigns, transfers, or conveys any interest in real property;

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     2. There is a mere change in form of ownership without

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effecting any change in any beneficial ownership interests; and

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     3. The only consideration given is an increase in the value

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of any ownership interests in the grantee entity or any other

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entity,

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in lieu of paying the tax due on such deed, instrument, document,

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or writing, the parties to the grant, assignment, transfer, or

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conveyance may make an election, on or before the date of the

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grant, assignment, transfer, or conveyance, on a form issued by

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the department, to not make payment of the tax due on such deed,

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instrument, document, or writing but instead to pay tax on the

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fair market value of the real property upon the subsequent change

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in any ownership interest in the real property or the subsequent

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transfer of any interest in the real property. The form on which

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such election is made shall be attached to and recorded with the

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deed, instrument, document, or writing that grants, assigns,

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conveys, or otherwise transfers any interest in the real

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property. However, when an election has been made, no tax shall

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apply to the subsequent transfer of the ownership interest in the

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legal entity, or the subsequent transfer of an interest in the

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real property, when the subsequent transfer is limited to a

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return of the identical interest in the real property by the

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grantee legal entity to the identical grantor or grantors

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resulting in no change in the beneficial ownership interests

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originally held in the real property.

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     Section 5.  This act shall take effect upon becoming a law

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and section 4 of this act applies to transfers of property for

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which the first transfer to an artificial entity occurs after

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that date.