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