Amendment
Bill No. CS/HB 283
Amendment No. 080181
CHAMBER ACTION
Senate House
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1Representative Robaina offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 3 of chapter 83-220, Laws of Florida,
6as amended by section 1 of chapter 84-270, Laws of Florida, and
7section 1 of chapter 89-252, Laws of Florida, is amended to
8read:
9     Section 3.  Sections 1 and 2 of chapter 83-220, Laws of
10Florida, as amended by this act, are repealed effective October
111, 2031 2011.
12     Section 2.  Section 125.0167, Florida Statutes, is amended
13to read:
14     125.0167  Discretionary surtax on documents; adoption;
15application of revenue.--
16     (1)  Pursuant to the provisions of s. 201.031, the
17governing authority in each county, as defined by s. 125.011(1),
18is authorized to levy a discretionary surtax on documents for
19the purpose of establishing and financing a Housing Assistance
20Loan Trust Fund to assist in the financing of construction,
21rehabilitation, or purchase of housing for low-income and
22moderate-income families. No less than 50 percent of the funds
23used in each county to provide such housing assistance shall be
24for the benefit of low-income families. For the purpose of this
25section, "low-income family" means a family whose income does
26not exceed 80 percent of the median income for the area, and
27"moderate-income family" means a family whose income is in
28excess of 80 percent but less than 140 percent of the median
29income for the area. For purposes of this section, the term
30"housing" is not limited to single-family, detached dwellings.
31The rate of the surtax shall not exceed the rate of 45 cents for
32each $100 or fractional part thereof of the consideration
33therefor. Such surtax shall apply only to those documents
34taxable under s. 201.02, except that there shall be no surtax on
35any document pursuant to which the interest granted, assigned,
36transferred, or conveyed involves only a single-family
37residence. Such single-family residence may be a condominium
38unit, a unit held through stock ownership or membership
39representing a proprietary interest in a corporation owning a
40fee or a leasehold initially in excess of 98 years, or a
41detached dwelling.
42     (2)  The levy of the discretionary surtax and the creation
43of a Housing Assistance Loan Trust Fund shall be by ordinance
44which shall set forth the policies and procedures of the
45assistance program. The ordinance shall be proposed at a regular
46meeting of the governing authority at least 2 weeks prior to
47formal adoption. Formal adoption shall not be effective unless
48approved on final vote by a majority of the total membership of
49the governing authority. The ordinance shall not take effect
50until 90 days after formal adoption.
51     (3)  The county shall deposit revenues from the
52discretionary surtax in the Housing Assistance Loan Trust Fund
53of the county, except that a portion of such revenues may be
54deposited into the Home Investment Trust Fund of the county as
55defined by and created pursuant to the requirements of federal
56law. The county shall use the revenues only to help finance the
57construction, rehabilitation, or purchase of housing for low-
58income families and moderate-income families, to pay necessary
59costs of collection and enforcement of the surtax, and to fund
60any local matching contributions required pursuant to federal
61law. For purposes of this section, authorized uses of the
62revenues include, but are not limited to, providing funds for
63first and second mortgages and acquiring property for the
64purpose of forming housing cooperatives. Special consideration
65shall be given toward using the revenues in the neighborhood
66economic development programs of community development
67corporations. No more than 50 percent of the revenues collected
68each year pursuant to this section may be used to help finance
69new construction as provided herein. The proceeds of the surtax
70shall not be used for rent subsidies or grants.
71     (4)  No more than 10 percent of surtax revenues collected
72under this section by the Department of Revenue and remitted to
73the county in any fiscal year may be used for administrative
74costs.
75     (5)(a)  Notwithstanding the provisions of subsection (3),
76of the discretionary surtax revenues collected by the Department
77of Revenue remaining after any deduction for administrative
78costs as provided in subsection (4), no less than 35 percent
79shall be used to provide homeownership assistance for low-income
80and moderate-income families, and no less than 35 percent shall
81be used for construction, rehabilitation, and purchase of rental
82housing units. The remaining amount may be allocated to provide
83for homeownership assistance or rental housing units, at the
84discretion of the county. Any funds allocated for homeownership
85assistance or rental housing units which are not committed at
86the end of the fiscal year shall be available for homeownership
87assistance or construction, rehabilitation, and purchase of
88rental housing units in subsequent years.
89     (b)  For purposes of this subsection, the term
90"homeownership assistance" means assisting low-income and
91moderate-income families in purchasing a home as their primary
92residence, including, but not limited to, reducing the cost of
93the home with below-market construction financing, the amount of
94down payment and closing costs paid by the borrower, or the
95mortgage payment to an affordable amount for the purchaser or
96using any other financial assistance measure set forth in s.
97420.5088.
98     (6)  Rehabilitation of housing owned by a recipient
99government may be authorized only after a determination approved
100by a majority of the governing body that no other sources of
101funds are available.
102     (7)(a)  The governing body of each county as defined in s.
103125.011(1) may, by county ordinance and pursuant to procedures
104and requirements provided by such ordinance, create a housing
105choice assistance voucher program.
106     (b)  For purposes of this subsection, the term:
107     1.  "Housing choice assistance voucher" means the document
108used to access assistance paid by the county from the
109discretionary surtax balance in the Housing Assistance Trust
110Fund to a prospective purchaser of a single-family residence,
111which must be the purchaser's homestead.
112     2.  "Purchasing employer" means a business or business
113entity that has acquired real property within the county and
114paid the surtax due as a result of the acquisition of that
115property pursuant to this section.
116     (c)  Housing choice assistance vouchers shall be used for
117down payment assistance for the purchase of a single-family
118residence by low-income or moderate-income persons within the
119county and within a 5-mile radius of the purchasing employer who
120are:
121     1.  Actively employed by the purchasing employer or by a
122business entity directly affiliated with the purchasing
123employer.
124     2.  Prequalified for a mortgage loan by a certified lending
125institution.
126     (d)  Upon payment of the discretionary surtax pursuant to
127this section, the purchasing employer may file for an allocation
128for housing choice assistance vouchers from the county in an
129amount not to exceed 50 percent of the amount of the
130discretionary surtax paid. The purchasing employer shall
131distribute the allocation to employees in the form of housing
132choice assistance vouchers pursuant to rules and procedures
133established for the program.
134     (e)  Any housing choice assistance voucher allocation not
135distributed to employees and redeemed by an employee within 1
136year after the date the discretionary surtax is paid may not be
137used for housing choice assistance vouchers under this
138subsection.
139     (f)  Any housing assistance paid pursuant to the housing
140choice assistance voucher program shall be included in the
141calculation determining the percentage of discretionary surtax
142funds used for homeownership purposes during the year in which
143the surtax funds for such purposes are expended.
144     (8)  By June 30, 2012, and every 5 years thereafter, the
145Office of Program Policy Analysis and Government Accountability
146shall review the discretionary surtax program operated by
147counties under this section and shall provide a report to the
148President of the Senate and the Speaker of the House of
149Representatives.
150     Section 3.  (1)  The Legislature finds that the Florida
151Supreme Court opinion in Crescent Miami Center, LLC v. Florida
152Department of Revenue, 903 So.2d 913 (Fla. 2005) interprets s.
153201.02, Florida Statutes, in a manner inconsistent with the
154intent of the Legislature at the time that statute was amended
155in 1990.
156     (2)  The Legislature finds that the opinion of the District
157Court of Appeal for the Third District of Florida in Crescent
158Miami Center, LLC v. Florida Department of Revenue, 857 So.2d
159904 (Fla. 3d D.C.A. 2003), interprets s. 201.02, Florida
160Statutes, in a manner consistent with the intent of the
161Legislature.
162     (3)  The Legislature finds that the administrative rules
163adopted by the department premised on the enactment of s. 7,
164chapter 90-132, Laws of Florida, correctly interpret s. 201.02,
165Florida Statutes, in a manner consistent with the intent of the
166Legislature.
167     (4)  The Legislature intends, by this act, to return
168Florida law, administrative rules, and policy on the issue
169addressed in the cited opinions to the state of such law, rule,
170and policy which existed prior to the Supreme Court opinion.
171     Section 4.  Subsection (1) of section 201.02, Florida
172Statutes, is amended, and subsection (11) is added that section,
173to read:
174     201.02  Tax on deeds and other instruments relating to real
175property or interests in real property.--
176     (1)  On deeds, instruments, or writings whereby any lands,
177tenements, or other real property, or any interest therein,
178shall be granted, assigned, transferred, or otherwise conveyed
179to, or vested in, the purchaser or any other person by his or
180her direction, on each $100 of the consideration therefor the
181tax shall be 70 cents. When the full amount of the consideration
182for the execution, assignment, transfer, or conveyance is not
183shown in the face of such deed, instrument, document, or
184writing, the tax shall be at the rate of 70 cents for each $100
185or fractional part thereof of the consideration therefor. For
186purposes of this section, consideration includes, but is not
187limited to, the money paid or agreed to be paid; the discharge
188of an obligation; and the amount of any mortgage, purchase money
189mortgage lien, or other encumbrance, whether or not the
190underlying indebtedness is assumed; and conveyance of real
191property to a corporation in exchange for shares of its capital
192stock, or as a contribution to the capital of a corporation. If
193the consideration paid or given in exchange for real property or
194any interest therein includes property other than money, it is
195presumed that the consideration is equal to the fair market
196value of the real property or interest therein.
197     (11)  The documentary stamp tax imposed by this section
198applies to a deed, instrument, or writing that transfers any
199interest in real property pursuant to a short sale, as defined
200in this subsection. The taxable consideration for a short sale
201transfer does not include unpaid indebtedness that is forgiven
202or released by a mortgagee holding a mortgage on the grantor's
203interest in the property. A short sale is a purchase and sale of
204real property in which:
205     (a)  The grantor's interest in the real property is
206encumbered by a mortgage or mortgages securing indebtedness in
207an aggregate amount greater than the purchase price paid by the
208grantee;
209     (b)  A mortgagee releases the real property from its
210mortgage in exchange for a partial payment of less than all of
211the outstanding mortgage indebtedness owing to the releasing
212mortgagee;
213     (c)  The releasing mortgagee does not receive, directly or
214indirectly, any interest in the property transferred; and
215     (d)  The releasing mortgagee, grantor, and grantee are
216dealing with each other at arm's length.
217     Section 5.  The Department of Revenue is directed to
218readopt administrative rules and policies substantially similar
219to those that are no longer enforced, or were changed, repealed,
220or discontinued, as a result of Crescent Miami Center, LLC v.
221Florida Department of Revenue, 903 So.2d 913 (Fla. 2005).
222     Section 6.  The amendment to subsection (1) of section
223201.02, Florida Statutes, made by this act and the provisions of
224sections 3 and 5 of this act are intended to be clarifying and
225remedial in nature, but do not provide a basis for assessments
226of tax, or refunds of tax, for periods before July 1, 2009.
227     Section 7.  Effective upon this act becoming a law, the
228Department of Revenue is authorized, and all conditions are
229deemed met, to adopt emergency rules under ss. 120.536(1) and
230120.54(4), Florida Statutes, to implement section 4 of this act
231relating to short sales. Notwithstanding any other provision of
232law, such emergency rules shall remain effective for 6 months
233after the date of adoption and may be renewed during the
234pendency of procedures to adopt rules addressing the subject of
235the emergency rules.
236     Section 8.  Section 201.031, Florida Statutes, is amended
237to read:
238     201.031  Discretionary surtax; administration and
239collection; Housing Assistance Loan Trust Fund; reporting
240requirements.--
241     (1)  Each county, as defined by s. 125.011(1), may levy,
242subject to the provisions of s. 125.0167, a discretionary surtax
243on documents taxable under the provisions of s. 201.02, except
244that there shall be no surtax on any document pursuant to which
245the interest granted, assigned, transferred, or conveyed
246involves only a single-family residence. The Such single-family
247residence may be a condominium unit, a unit held through stock
248ownership or membership representing a proprietary interest in a
249corporation owning a fee or a leasehold initially in excess of
25098 years, or a detached dwelling.
251     (2)  All provisions of chapter 201, except s. 201.15, shall
252apply to the surtax. The Department of Revenue shall pay to the
253governing authority of the county which levies the surtax all
254taxes, penalties, and interest collected under this section less
255any costs of administration.
256     (3)  Each county that which levies the surtax shall:
257     (a)  Include in the financial report required under s.
258218.32 information showing the revenues and the expenses of the
259trust fund for the fiscal year.
260     (b)  Adopt a housing plan every 3 years which includes
261provisions substantially similar to the plans required in s.
262420.9075(1).
263     (c)  Have adopted an affordable housing element of its
264comprehensive land use plan which complies with s.
265163.3177(6)(f).
266     (d)  Require by resolution that the staff or entity that
267has administrative authority for implementing the housing plan
268prepare and submit to the county's governing body an annual
269report substantially similar to the annual report required in s.
270420.9075(10).
271     Section 9.  Paragraph (a) of subsection (1) of section
272719.105, Florida Statutes, is amended to read:
273     719.105  Cooperative parcels; appurtenances; possession and
274enjoyment.--
275     (1)  Each cooperative parcel has, as appurtenances thereto:
276     (a)  Evidence of membership, ownership of shares, or other
277interest in the association with the full voting rights
278appertaining thereto. Such evidence must include a legal
279description of each dwelling unit and must be recorded in the
280office of the clerk of the circuit court as required by s.
281201.02(4) s. 201.02(3).
282     Section 10.  Except as otherwise expressly provided in this
283act and except for this section, which shall take effect upon
284becoming a law, this act shall take effect July 1, 2009, and
285section 3 of this act applies to transfers of real property
286occurring on or after July 1, 2009.
287
288
289
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290
T I T L E  A M E N D M E N T
291     Remove the entire title and insert:
292
A bill to be entitled
293An act relating to the discretionary surtax on documents;
294amending s. 3, ch. 83-220, Laws of Florida, as amended;
295extending a future repeal date of provisions authorizing
296counties to levy a discretionary surtax on documents;
297amending s. 125.0167, F.S.; limiting the percentage of
298surtax revenues that may be used for administrative costs;
299specifying a minimum amount of surtax revenues to be used
300for housing for certain low-income and moderate-income
301families; requiring an affirmative vote of a local
302government governing body to rehabilitate certain
303government-owned housing; authorizing certain counties to
304create by ordinance a housing choice assistance voucher
305program for the purpose of down payment assistance;
306providing definitions; providing eligibility requirements
307for such vouchers; authorizing purchasing employers to
308file for allocations for such vouchers; limiting
309allocations; requiring distribution of allocations to
310employees in the form of such vouchers; prohibiting use of
311allocations for such vouchers if not awarded within a
312certain period after certain documentary stamps taxes are
313collected; requiring the Office of Program Policy Analysis
314and Government Accountability to conduct a continuing
315review of the discretionary surtax program operated by
316counties; requiring reports to the Legislature; providing
317legislative intent to reverse a judicial opinion relating
318to the application of the excise tax on documents to
319certain transactions involving legal entities; amending s.
320201.02, F.S.; providing that the excise tax on documents
321applies to transfers involving the exchange of real
322property for shares of stock or as a capital contribution;
323imposing the tax on deeds, instruments, and other writings
324on the consideration for a transfer of real property
325pursuant to a short sale; providing that the consideration
326subject to the tax does not include unpaid indebtedness
327that is forgiven by a mortgagee; defining the term "short
328sale"; directing the Department of Revenue to readopt
329rules relating to the application of the excise tax on
330documents to transfers of real property involving a legal
331entity; providing intent that the statutory changes
332relating to the application of the excise tax on documents
333for transfers involving legal entities are to be
334clarifying and remedial in nature; authorizing the
335Department of Revenue to adopt emergency rules relating to
336short sales; amending s. 201.031, F.S.; expanding
337requirements for counties levying the discretionary surtax
338to include housing plan, affordable housing element, and
339annual reporting requirements; amending s. 719.105, F.S.;
340conforming a cross-reference; providing for application of
341specified provisions of the act; providing effective
342dates.


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