Florida Senate - 2009                                    SB 1960
       
       
       
       By Senator Gelber
       
       
       
       
       35-00594B-09                                          20091960__
    1                        A bill to be entitled                      
    2         An act relating to the discretionary surtax on
    3         documents; amending s. 3, ch. 83-220, Laws of Florida,
    4         as amended; extending a future repeal date of
    5         provisions authorizing counties to levy a
    6         discretionary surtax on documents; amending s.
    7         125.0167, F.S.; limiting the percentage of surtax
    8         revenues that may be used for administrative costs;
    9         specifying a minimum amount of surtax revenues to be
   10         used for housing for certain low-income and moderate
   11         income families; requiring an affirmative vote of a
   12         local government governing body to rehabilitate
   13         certain governmentally owned housing; authorizing
   14         certain counties to create by ordinance a housing
   15         choice assistance voucher program for the purpose of
   16         down payment assistance; providing definitions;
   17         providing eligibility requirements for such vouchers;
   18         authorizing purchasing employers to file for
   19         allocations for such vouchers; limiting allocations;
   20         requiring distribution of allocations to employees in
   21         the form of such vouchers; prohibiting use of
   22         allocations for such vouchers if not awarded within a
   23         certain period after certain documentary stamps taxes
   24         are collected; requiring the Office of Program Policy
   25         Analysis and Government Accountability to conduct a
   26         continuing review of the discretionary surtax program
   27         operated by counties; requiring reports to the
   28         Legislature; amending s. 201.02, F.S.; revising
   29         criteria determining liability for payment of the tax;
   30         providing requirements and methods for making an
   31         election regarding payment of tax under specified
   32         circumstances; amending s. 201.031, F.S.; expanding
   33         requirements for counties levying the discretionary
   34         surtax to include housing plan, affordable housing
   35         element, and annual reporting requirements; providing
   36         for application; providing an effective date.
   37         
   38  Be It Enacted by the Legislature of the State of Florida:
   39         
   40         Section 1. Section 3 of chapter 83-220, Laws of Florida, as
   41  amended by section 1 of chapter 84-270, Laws of Florida, and
   42  section 1 of chapter 89-252, Laws of Florida, is amended to
   43  read:
   44         Section 3. Sections 1 and 2 of chapter 83-220, Laws of
   45  Florida, as amended by this act, are repealed effective October
   46  1, 2031 2011.
   47         Section 2. Section 125.0167, Florida Statutes, is amended
   48  to read:
   49         125.0167 Discretionary surtax on documents; adoption;
   50  application of revenue.—
   51         (1) Pursuant to the provisions of s. 201.031, the governing
   52  authority in each county, as defined by s. 125.011(1), is
   53  authorized to levy a discretionary surtax on documents for the
   54  purpose of establishing and financing a Housing Assistance Loan
   55  Trust Fund to assist in the financing of construction,
   56  rehabilitation, or purchase of housing for low-income and
   57  moderate-income families. No less than 50 percent of the funds
   58  used in each county to provide such housing assistance shall be
   59  for the benefit of low-income families. For the purpose of this
   60  section, “low-income family” means a family whose income does
   61  not exceed 80 percent of the median income for the area, and
   62  “moderate-income family” means a family whose income is in
   63  excess of 80 percent but less than 140 percent of the median
   64  income for the area. For purposes of this section, the term
   65  “housing” is not limited to single-family, detached dwellings.
   66  The rate of the surtax shall not exceed the rate of 45 cents for
   67  each $100 or fractional part thereof of the consideration
   68  therefor. Such surtax shall apply only to those documents
   69  taxable under s. 201.02, except that there shall be no surtax on
   70  any document pursuant to which the interest granted, assigned,
   71  transferred, or conveyed involves only a single-family
   72  residence. Such single-family residence may be a condominium
   73  unit, a unit held through stock ownership or membership
   74  representing a proprietary interest in a corporation owning a
   75  fee or a leasehold initially in excess of 98 years, or a
   76  detached dwelling.
   77         (2) The levy of the discretionary surtax and the creation
   78  of a Housing Assistance Loan Trust Fund shall be by ordinance
   79  which shall set forth the policies and procedures of the
   80  assistance program. The ordinance shall be proposed at a regular
   81  meeting of the governing authority at least 2 weeks prior to
   82  formal adoption. Formal adoption shall not be effective unless
   83  approved on final vote by a majority of the total membership of
   84  the governing authority. The ordinance shall not take effect
   85  until 90 days after formal adoption.
   86         (3) The county shall deposit revenues from the
   87  discretionary surtax in the Housing Assistance Loan Trust Fund
   88  of the county, except that a portion of such revenues may be
   89  deposited into the Home Investment Trust Fund of the county as
   90  defined by and created pursuant to the requirements of federal
   91  law. The county shall use the revenues only to help finance the
   92  construction, rehabilitation, or purchase of housing for low
   93  income families and moderate-income families, to pay necessary
   94  costs of collection and enforcement of the surtax, and to fund
   95  any local matching contributions required pursuant to federal
   96  law. For purposes of this section, authorized uses of the
   97  revenues include, but are not limited to, providing funds for
   98  first and second mortgages and acquiring property for the
   99  purpose of forming housing cooperatives. Special consideration
  100  shall be given toward using the revenues in the neighborhood
  101  economic development programs of community development
  102  corporations. No more than 50 percent of the revenues collected
  103  each year pursuant to this section may be used to help finance
  104  new construction as provided herein. The proceeds of the surtax
  105  shall not be used for rent subsidies or grants.
  106         (4) No more than 10 percent of surtax revenues collected
  107  under this section by the Department of Revenue and remitted to
  108  the county in any fiscal year may be used for administrative
  109  costs.
  110         (5)(a) Notwithstanding the provisions of subsection (3), of
  111  the discretionary surtax revenues collected by the Department of
  112  Revenue remaining after any deduction for administrative costs
  113  as provided in subsection (4), no less than 35 percent shall be
  114  used to provide homeownership assistance for low-income and
  115  moderate-income families, and no less than 35 percent shall be
  116  used for construction, rehabilitation, and purchase of rental
  117  housing units. The remaining amount may be allocated to provide
  118  for homeownership assistance or rental housing units, at the
  119  discretion of the county. Any funds allocated for homeownership
  120  assistance or rental housing units that are not committed at the
  121  end of the fiscal year shall be available for homeownership
  122  assistance or construction, rehabilitation, and purchase of
  123  rental housing units in subsequent years.
  124         (b) For purposes of this subsection, the term
  125  “homeownership assistance” means assisting low-income and
  126  moderate-income families in purchasing a home as their primary
  127  residence, including, but not limited to, reducing the cost of
  128  the home with below-market construction financing, the amount of
  129  down payment and closing costs paid by the borrower, or the
  130  mortgage payment to an affordable amount for the purchaser or
  131  using any other financial assistance measure set forth in s.
  132  420.5088.
  133         (6) Rehabilitation of housing owned by a recipient
  134  government may be authorized only after a determination approved
  135  by a majority of the governing body that no other sources of
  136  funds are available.
  137         (7)(a) The governing body of each county as defined in s.
  138  125.011(1) may, by county ordinance and pursuant to procedures
  139  and requirements provided by such ordinance, create a housing
  140  choice assistance voucher program.
  141         (b) For purposes of this subsection, the term:
  142         1. “Housing choice assistance voucher” means the document
  143  used to access assistance paid by the county from the
  144  discretionary surtax balance in the Housing Assistance Trust
  145  Fund to a prospective purchaser of a single-family residence
  146  which must be the purchaser's homestead.
  147         2. “Purchasing employer” means a business or business
  148  entity that has acquired real property within the county and
  149  paid the surtax due as a result of the acquisition of that
  150  property pursuant to this section.
  151         (c) Housing choice assistance vouchers shall be used for
  152  down payment assistance for the purchase of a single-family
  153  residence by low-income or moderate-income persons within the
  154  county and within a 5-mile radius of the purchasing employer who
  155  are:
  156         1. Actively employed by the purchasing employer or by a
  157  business entity directly affiliated with the purchasing
  158  employer.
  159         2. Prequalified for a mortgage loan by a certified lending
  160  institution.
  161         (d) Upon payment of the discretionary surtax pursuant to
  162  this section, the purchasing employer may file for an allocation
  163  for housing choice assistance vouchers from the county in an
  164  amount not to exceed 50 percent of the amount of the
  165  discretionary surtax paid. The purchasing employer shall
  166  distribute the allocation to employees in the form of housing
  167  choice assistance vouchers pursuant to rules and procedures
  168  established for the program.
  169         (e) Any housing choice assistance voucher allocation not
  170  distributed to employees and redeemed by an employee within 1
  171  year after the date the discretionary surtax is paid may not be
  172  used for housing choice assistance vouchers under this
  173  subsection.
  174         (f) Any housing assistance paid pursuant to the housing
  175  choice assistance voucher program shall be included in the
  176  calculation determining the percentage of discretionary surtax
  177  funds used for homeownership purposes during the year in which
  178  the surtax funds for such purposes are expended.
  179         (8) By June 30, 2012, and every 5 years thereafter, the
  180  Office of Program Policy Analysis and Government Accountability
  181  shall review the discretionary surtax program operated by
  182  counties under this section and shall provide a report to the
  183  President of the Senate and the Speaker of the House of
  184  Representatives.
  185         Section 3. Subsection (1) of section 201.02, Florida
  186  Statutes, is amended to read:
  187         201.02 Tax on deeds and other instruments relating to real
  188  property or interests in real property.—
  189         (1)(a) On deeds, instruments, documents, or writings
  190  whereby any lands, tenements, or other real property, or any
  191  interest therein, shall be granted, assigned, transferred, or
  192  otherwise conveyed to, or vested in, the purchaser or any other
  193  person by his or her direction, on each $100 of the
  194  consideration therefor the tax shall be 70 cents except as
  195  provided in paragraph (b). When the full amount of the
  196  consideration for the execution, assignment, transfer, or
  197  conveyance is not shown in the face of such deed, instrument,
  198  document, or writing, the tax shall be at the rate of 70 cents
  199  for each $100 or fractional part thereof of the consideration
  200  therefor except as provided in paragraph (b). For purposes of
  201  this section, consideration includes, but is not limited to, the
  202  money paid or agreed to be paid; the discharge of an obligation;
  203  and the amount of any mortgage, purchase money mortgage lien, or
  204  other encumbrance, whether or not the underlying indebtedness is
  205  assumed; and any increase or decrease in the value of any
  206  ownership interest in a grantee or grantor artificial legal
  207  entity or any other artificial legal entity. If the
  208  consideration paid or given in exchange for real property or any
  209  interest therein includes property other than money, it is
  210  presumed that the consideration is equal to the fair market
  211  value of the real property or interest therein.
  212         (b) If:
  213         1. A deed, instrument, document, or writing grants,
  214  assigns, transfers, or conveys any interest in real property
  215  between an owner or owners of an artificial legal entity and
  216  that entity, or between two artificial legal entities if those
  217  entities are owned by the same person or persons;
  218         2. There is a mere change in form of ownership without
  219  effecting any change in any beneficial ownership interests; and
  220         3. The only consideration given is an increase or decrease
  221  in the value of any ownership interests in the grantee or
  222  grantor artificial legal entity or any other artificial legal
  223  entity,
  224  in lieu of paying the tax due on such deed, instrument,
  225  document, or writing, the parties to the grant, assignment,
  226  transfer, or conveyance may make an election, on or before the
  227  date of the grant, assignment, transfer, or conveyance, on a
  228  form issued by the department, to not make payment of the tax
  229  due on such deed, instrument, document, or writing but instead
  230  to pay a tax on the fair market value of the real property upon
  231  the subsequent change in any ownership interest in the real
  232  property or the subsequent transfer of any interest in the real
  233  property. The form on which such election is made shall be
  234  attached to and recorded with the deed, instrument, document, or
  235  writing that grants, assigns, conveys, or otherwise transfers
  236  any interest in the real property. However, when such an
  237  election has been made, no tax shall apply to the subsequent
  238  transfer of the ownership interest in the artificial legal
  239  entity, or the subsequent transfer of an interest in the real
  240  property, when the subsequent transfer is limited to a return of
  241  the identical interest in the real property by the grantee to
  242  the identical grantor or grantors resulting in no change in the
  243  beneficial ownership interests originally held in the real
  244  property.
  245         Section 4. Section 201.031, Florida Statutes, is amended to
  246  read:
  247         201.031 Discretionary surtax; administration and
  248  collection; Housing Assistance Loan Trust Fund; reporting
  249  requirements.—
  250         (1) Each county, as defined by s. 125.011(1), may levy,
  251  subject to the provisions of s. 125.0167, a discretionary surtax
  252  on documents taxable under the provisions of s. 201.02, except
  253  that there shall be no surtax on any document pursuant to which
  254  the interest granted, assigned, transferred, or conveyed
  255  involves only a single-family residence. The Such single-family
  256  residence may be a condominium unit, a unit held through stock
  257  ownership or membership representing a proprietary interest in a
  258  corporation owning a fee or a leasehold initially in excess of
  259  98 years, or a detached dwelling.
  260         (2) All provisions of chapter 201, except s. 201.15, shall
  261  apply to the surtax. The Department of Revenue shall pay to the
  262  governing authority of the county which levies the surtax all
  263  taxes, penalties, and interest collected under this section less
  264  any costs of administration.
  265         (3) Each county that which levies the surtax shall:
  266         (a) Include in the financial report required under s.
  267  218.32 information showing the revenues and the expenses of the
  268  trust fund for the fiscal year.
  269         (b) Adopt a housing plan every 3 years which includes
  270  provisions substantially similar to the plans required in s.
  271  420.9075(1).
  272         (c) Have adopted an affordable housing element of its
  273  comprehensive land use plan which complies with s.
  274  163.3177(6)(f).
  275         (d) Require by resolution that the staff or entity that has
  276  administrative authority for implementing the housing plan
  277  prepare and submit to the county's governing body an annual
  278  report substantially similar to the annual report required in s.
  279  420.9075(10).
  280         Section 5. This act shall take effect July 1, 2009, and
  281  shall apply to transfers of property for which the first
  282  transfer between an owner or owners of an artificial legal
  283  entity and that entity occurs after the effective date of this
  284  act.