HB 283

1
A bill to be entitled
2An act relating to the discretionary surtax on documents;
3amending s. 3, ch. 83-220, Laws of Florida, as amended;
4extending a future repeal date of provisions authorizing
5counties to levy a discretionary surtax on documents;
6amending s. 125.0167, F.S.; limiting the percentage of
7surtax revenues that may be used for administrative costs;
8specifying a minimum amount of surtax revenues to be used
9for housing for certain low-income and moderate-income
10families; requiring an affirmative vote of a local
11government governing body to rehabilitate certain
12governmentally owned housing; authorizing certain counties
13to create by ordinance a housing choice assistance voucher
14program for the purpose of down payment assistance;
15providing definitions; providing eligibility requirements
16for such vouchers; authorizing purchasing employers to
17file for allocations for such vouchers; limiting
18allocations; requiring distribution of allocations to
19employees in the form of such vouchers; prohibiting use of
20allocations for such vouchers if not awarded within a
21certain period after certain documentary stamps taxes are
22collected; requiring the Office of Program Policy Analysis
23and Government Accountability to conduct a continuing
24review of the discretionary surtax program operated by
25counties; requiring reports to the Legislature; amending
26s. 201.02, F.S.; revising criteria determining liability
27for payment of the tax; providing requirements and methods
28for making an election regarding payment of tax under
29specified circumstances; amending s. 201.031, F.S.;
30expanding requirements for counties levying the
31discretionary surtax to include housing plan, affordable
32housing element, and annual reporting requirements;
33providing for application; providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Section 3 of chapter 83-220, Laws of Florida,
38as amended by section 1 of chapter 84-270, Laws of Florida, and
39section 1 of chapter 89-252, Laws of Florida, is amended to
40read:
41     Section 3.  Sections 1 and 2 of chapter 83-220, Laws of
42Florida, as amended by this act, are repealed effective October
431, 2031 2011.
44     Section 2.  Section 125.0167, Florida Statutes, is amended
45to read:
46     125.0167  Discretionary surtax on documents; adoption;
47application of revenue.--
48     (1)  Pursuant to the provisions of s. 201.031, the
49governing authority in each county, as defined by s. 125.011(1),
50is authorized to levy a discretionary surtax on documents for
51the purpose of establishing and financing a Housing Assistance
52Loan Trust Fund to assist in the financing of construction,
53rehabilitation, or purchase of housing for low-income and
54moderate-income families. No less than 50 percent of the funds
55used in each county to provide such housing assistance shall be
56for the benefit of low-income families. For the purpose of this
57section, "low-income family" means a family whose income does
58not exceed 80 percent of the median income for the area, and
59"moderate-income family" means a family whose income is in
60excess of 80 percent but less than 140 percent of the median
61income for the area. For purposes of this section, the term
62"housing" is not limited to single-family, detached dwellings.
63The rate of the surtax shall not exceed the rate of 45 cents for
64each $100 or fractional part thereof of the consideration
65therefor. Such surtax shall apply only to those documents
66taxable under s. 201.02, except that there shall be no surtax on
67any document pursuant to which the interest granted, assigned,
68transferred, or conveyed involves only a single-family
69residence. Such single-family residence may be a condominium
70unit, a unit held through stock ownership or membership
71representing a proprietary interest in a corporation owning a
72fee or a leasehold initially in excess of 98 years, or a
73detached dwelling.
74     (2)  The levy of the discretionary surtax and the creation
75of a Housing Assistance Loan Trust Fund shall be by ordinance
76which shall set forth the policies and procedures of the
77assistance program. The ordinance shall be proposed at a regular
78meeting of the governing authority at least 2 weeks prior to
79formal adoption. Formal adoption shall not be effective unless
80approved on final vote by a majority of the total membership of
81the governing authority. The ordinance shall not take effect
82until 90 days after formal adoption.
83     (3)  The county shall deposit revenues from the
84discretionary surtax in the Housing Assistance Loan Trust Fund
85of the county, except that a portion of such revenues may be
86deposited into the Home Investment Trust Fund of the county as
87defined by and created pursuant to the requirements of federal
88law. The county shall use the revenues only to help finance the
89construction, rehabilitation, or purchase of housing for low-
90income families and moderate-income families, to pay necessary
91costs of collection and enforcement of the surtax, and to fund
92any local matching contributions required pursuant to federal
93law. For purposes of this section, authorized uses of the
94revenues include, but are not limited to, providing funds for
95first and second mortgages and acquiring property for the
96purpose of forming housing cooperatives. Special consideration
97shall be given toward using the revenues in the neighborhood
98economic development programs of community development
99corporations. No more than 50 percent of the revenues collected
100each year pursuant to this section may be used to help finance
101new construction as provided herein. The proceeds of the surtax
102shall not be used for rent subsidies or grants.
103     (4)  No more than 10 percent of surtax revenues collected
104under this section by the Department of Revenue and remitted to
105the county in any fiscal year may be used for administrative
106costs.
107     (5)(a)  Notwithstanding the provisions of subsection (3),
108of the discretionary surtax revenues collected by the Department
109of Revenue remaining after any deduction for administrative
110costs as provided in subsection (4), no less than 35 percent
111shall be used to provide homeownership assistance for low-income
112and moderate-income families, and no less than 35 percent shall
113be used for construction, rehabilitation, and purchase of rental
114housing units. The remaining amount may be allocated to provide
115for homeownership assistance or rental housing units, at the
116discretion of the county. Any funds allocated for homeownership
117assistance or rental housing units that are not committed at the
118end of the fiscal year shall be available for homeownership
119assistance or construction, rehabilitation, and purchase of
120rental housing units in subsequent years.
121     (b)  For purposes of this subsection, the term
122"homeownership assistance" means assisting low-income and
123moderate-income families in purchasing a home as their primary
124residence, including, but not limited to, reducing the cost of
125the home with below-market construction financing, the amount of
126down payment and closing costs paid by the borrower, or the
127mortgage payment to an affordable amount for the purchaser or
128using any other financial assistance measure set forth in s.
129420.5088.
130     (6)  Rehabilitation of housing owned by a recipient
131government may be authorized only after a determination approved
132by a majority of the governing body that no other sources of
133funds are available.
134     (7)(a)  The governing body of each county as defined in s.
135125.011(1) may, by county ordinance and pursuant to procedures
136and requirements provided by such ordinance, create a housing
137choice assistance voucher program.
138     (b)  For purposes of this subsection, the term:
139     1.  "Housing choice assistance voucher" means the document
140used to access assistance paid by the county from the
141discretionary surtax balance in the Housing Assistance Trust
142Fund to a prospective purchaser of a single-family residence
143which must be the purchaser's homestead.
144     2.  "Purchasing employer" means a business or business
145entity that has acquired real property within the county and
146paid the surtax due as a result of the acquisition of that
147property pursuant to this section.
148     (c)  Housing choice assistance vouchers shall be used for
149down payment assistance for the purchase of a single-family
150residence by low-income or moderate-income persons within the
151county and within a 5-mile radius of the purchasing employer who
152are:
153     1.  Actively employed by the purchasing employer or by a
154business entity directly affiliated with the purchasing
155employer.
156     2.  Prequalified for a mortgage loan by a certified lending
157institution.
158     (d)  Upon payment of the discretionary surtax pursuant to
159this section, the purchasing employer may file for an allocation
160for housing choice assistance vouchers from the county in an
161amount not to exceed 50 percent of the amount of the
162discretionary surtax paid. The purchasing employer shall
163distribute the allocation to employees in the form of housing
164choice assistance vouchers pursuant to rules and procedures
165established for the program.
166     (e)  Any housing choice assistance voucher allocation not
167distributed to employees and redeemed by an employee within 1
168year after the date the discretionary surtax is paid may not be
169used for housing choice assistance vouchers under this
170subsection.
171     (f)  Any housing assistance paid pursuant to the housing
172choice assistance voucher program shall be included in the
173calculation determining the percentage of discretionary surtax
174funds used for homeownership purposes during the year in which
175the surtax funds for such purposes are expended.
176     (8)  By June 30, 2012, and every 5 years thereafter, the
177Office of Program Policy Analysis and Government Accountability
178shall review the discretionary surtax program operated by
179counties under this section and shall provide a report to the
180President of the Senate and the Speaker of the House of
181Representatives.
182     Section 3.  Subsection (1) of section 201.02, Florida
183Statutes, is amended to read:
184     201.02  Tax on deeds and other instruments relating to real
185property or interests in real property.--
186     (1)(a)  On deeds, instruments, documents, or writings
187whereby any lands, tenements, or other real property, or any
188interest therein, shall be granted, assigned, transferred, or
189otherwise conveyed to, or vested in, the purchaser or any other
190person by his or her direction, on each $100 of the
191consideration therefor the tax shall be 70 cents except as
192provided in paragraph (b). When the full amount of the
193consideration for the execution, assignment, transfer, or
194conveyance is not shown in the face of such deed, instrument,
195document, or writing, the tax shall be at the rate of 70 cents
196for each $100 or fractional part thereof of the consideration
197therefor except as provided in paragraph (b). For purposes of
198this section, consideration includes, but is not limited to, the
199money paid or agreed to be paid; the discharge of an obligation;
200and the amount of any mortgage, purchase money mortgage lien, or
201other encumbrance, whether or not the underlying indebtedness is
202assumed; and any increase in the value of any ownership interest
203in a grantee entity or any other entity. If the consideration
204paid or given in exchange for real property or any interest
205therein includes property other than money, it is presumed that
206there is a purchaser and that the consideration is equal to the
207fair market value of the real property or interest therein.
208     (b)  If:
209     1.  A deed, instrument, document, or writing grants,
210assigns, transfers, or conveys any interest in real property;
211     2.  There is a mere change in form of ownership without
212effecting any change in any beneficial ownership interests; and
213     3.  The only consideration given is an increase in the
214value of any ownership interests in the grantee entity or any
215other entity,
216
217in lieu of paying the tax due on such deed, instrument,
218document, or writing, the parties to the grant, assignment,
219transfer, or conveyance may make an election, on or before the
220date of the grant, assignment, transfer, or conveyance, on a
221form issued by the department, to not make payment of the tax
222due on such deed, instrument, document, or writing but instead
223to pay a tax on the fair market value of the real property upon
224the subsequent change in any ownership interest in the real
225property or the subsequent transfer of any interest in the real
226property. The form on which such election is made shall be
227attached to and recorded with the deed, instrument, document, or
228writing that grants, assigns, conveys, or otherwise transfers
229any interest in the real property. However, when such an
230election has been made, no tax shall apply to the subsequent
231transfer of the ownership interest in the legal entity, or the
232subsequent transfer of an interest in the real property, when
233the subsequent transfer is limited to a return of the identical
234interest in the real property by the grantee legal entity to the
235identical grantor or grantors resulting in no change in the
236beneficial ownership interests originally held in the real
237property.
238     Section 4.  Section 201.031, Florida Statutes, is amended
239to read:
240     201.031  Discretionary surtax; administration and
241collection; Housing Assistance Loan Trust Fund; reporting
242requirements.--
243     (1)  Each county, as defined by s. 125.011(1), may levy,
244subject to the provisions of s. 125.0167, a discretionary surtax
245on documents taxable under the provisions of s. 201.02, except
246that there shall be no surtax on any document pursuant to which
247the interest granted, assigned, transferred, or conveyed
248involves only a single-family residence. The Such single-family
249residence may be a condominium unit, a unit held through stock
250ownership or membership representing a proprietary interest in a
251corporation owning a fee or a leasehold initially in excess of
25298 years, or a detached dwelling.
253     (2)  All provisions of chapter 201, except s. 201.15, shall
254apply to the surtax. The Department of Revenue shall pay to the
255governing authority of the county which levies the surtax all
256taxes, penalties, and interest collected under this section less
257any costs of administration.
258     (3)  Each county that which levies the surtax shall:
259     (a)  Include in the financial report required under s.
260218.32 information showing the revenues and the expenses of the
261trust fund for the fiscal year.
262     (b)  Adopt a housing plan every 3 years that includes
263provisions substantially similar to the plans required in s.
264420.9075(1).
265     (c)  Have adopted an affordable housing element of its
266comprehensive land use plan that complies with s.
267163.3177(6)(f).
268     (d)  Require by resolution that the staff or entity that
269has administrative authority for implementing the housing plan
270prepare and submit to the county's governing body an annual
271report substantially similar to the annual report required in s.
272420.9075(10).
273     Section 5.  This act shall take effect July 1, 2009, and
274the amendment to s. 201.02, Florida Statutes, made by this act
275shall apply to transfers of property for which the first
276transfer to an artificial entity occurs after such date.


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