1 | A bill to be entitled |
2 | An act relating to community development districts; |
3 | creating s. 212.0315, F.S.; authorizing certain community |
4 | development districts to levy a tax on certain |
5 | transactions; requiring approval by the district board of |
6 | supervisors and district landowners; providing a procedure |
7 | to enact the tax; providing for an effective date of the |
8 | tax; providing for expiration of the tax under certain |
9 | circumstances; providing definitions; specifying uses of |
10 | tax proceeds; requiring prior approval by the district |
11 | board for expenditures of tax proceeds; specifying tax |
12 | charging and collection requirements; providing for |
13 | exempting certain transactions; requiring local |
14 | administration of the tax; requiring adoption of a |
15 | resolution; specifying requirements for local |
16 | administration; specifying that the tax constitutes a lien |
17 | for certain purposes; providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Section 212.0315, Florida Statutes, is created |
22 | to read: |
23 | 212.0315 Optional community development district tax on |
24 | rental or license fee for use of real property.- |
25 | (1) A district may levy a tax of up to 1 percent on all |
26 | transactions occurring in the district that are subject to the |
27 | state tax imposed under s. 212.031 if the conditions in |
28 | subsection (2) are met. The tax, if levied, shall be computed as |
29 | the applicable rate times the amount of taxable transactions. |
30 | (2)(a) The tax must first be approved by at least four |
31 | members of the five-member elected board of supervisors of the |
32 | district. |
33 | (b) The tax must then be approved by a vote of at least |
34 | two-thirds of the landowners within the district, cast at a |
35 | special meeting called solely for the purpose of considering the |
36 | levying of the tax authorized by this section. |
37 | 1. The special meeting shall be noticed in the same manner |
38 | as is provided for in s. 190.006(2)(a) for the initial election |
39 | of supervisors. |
40 | 2. Landowners may cast their vote either in person or by |
41 | proxy in writing. Votes cast by proxy must comply with the |
42 | requirements for proxy votes set forth in s. 190.006(2)(b). |
43 | 3. Each landowner shall have one vote without regard to |
44 | the number of acres owned. |
45 | (c) The district board shall notify the department within |
46 | 10 days after approval under this subsection to levy a tax. |
47 | (3) A tax authorized under this section may take effect on |
48 | the first day of any month, but may not take effect until at |
49 | least 60 days after approval to levy the tax is obtained |
50 | pursuant to subsection (2). |
51 | (4) If, pursuant to s. 190.006(3)(a)2.d., the district |
52 | board determines that the district has qualified electors, the |
53 | district's authority to levy a tax under this section shall |
54 | expire. The district board shall notify the department within 10 |
55 | days after such a determination is made. |
56 | (5) As used in this section, the terms: |
57 | (a) "District" means a community development district |
58 | established pursuant to s. 190.004 that has no qualified |
59 | electors. |
60 | (b) "Landowner" has the same meaning as provided in s. |
61 | 190.003. |
62 | (c) "Qualified elector" has the same meaning as provided |
63 | in s. 190.003. |
64 | (6) The proceeds of the tax provided for in this section |
65 | shall only be used to: |
66 | (a) Promote and support commercial activity within the |
67 | district. |
68 | (b) Promote and support those festivals, special events, |
69 | and other activities within the district that enhance commercial |
70 | activity. |
71 | (c) Provide public services as deemed necessary by the |
72 | district's board to support commercial activities, including |
73 | additional public services as deemed necessary by the district's |
74 | board to support festivals, special events, and other activities |
75 | that enhance commercial activity within the district. As used in |
76 | this paragraph, the term "public services" includes, but is not |
77 | limited to, law enforcement, fire protection, emergency |
78 | services, and sanitation services. |
79 | (7) All expenditures of the proceeds of the tax provided |
80 | for in this section must first be approved by the district board |
81 | of supervisors. |
82 | (8) The tax authorized under this section shall be charged |
83 | by the person receiving the consideration for the lease, |
84 | license, or rental and shall be collected from the lessee, |
85 | tenant, or customer at the time of payment of the consideration |
86 | for such lease or rental. |
87 | (9) All transactions that are exempt from the tax imposed |
88 | under s. 212.031 are exempt from the tax authorized by this |
89 | section. |
90 | (10)(a) Any district levying a tax authorized by this |
91 | section shall locally administer the tax. |
92 | (b) Upon approval of a tax pursuant to subsection (2) and |
93 | before such tax may become effective, the district board shall |
94 | adopt a resolution that includes provision for, but need not be |
95 | limited to: |
96 | 1. Initial collection of the tax to be made in the same |
97 | manner as the tax imposed under this chapter. |
98 | 2. Designation of the district official to whom the tax |
99 | shall be remitted and that official's powers and duties with |
100 | respect to such tax revenues. Tax revenues may be used only in |
101 | accordance with the provisions of this section. |
102 | 3. Requirements respecting the keeping of appropriate |
103 | books, records, and accounts by those responsible for collecting |
104 | and administering the tax. |
105 | 4. Provision for payment of a dealer's credit as required |
106 | under this chapter. |
107 | (c) A portion of the tax collected may be retained by the |
108 | district for costs of administration, but such portion may not |
109 | exceed 3 percent of collections. |
110 | (d) A district adopting a tax authorized under this |
111 | section shall assume all responsibility for auditing the records |
112 | and accounts of dealers and assessing, collecting, and enforcing |
113 | payments of delinquent taxes. The district shall be bound by the |
114 | rules of the department pertaining to the sales tax on rentals |
115 | and license fees for the use of real property imposed by s. |
116 | 212.031. The district shall be bound by the same confidentiality |
117 | requirements and subject to the same penalties as the department |
118 | under s. 213.053. The district may use any power granted in this |
119 | chapter to the department to determine the amount of tax, |
120 | penalties, and interest to be paid by each dealer and to enforce |
121 | payment of such tax, penalties, and interest. The district may |
122 | use a certified public accountant licensed in this state in the |
123 | administration of its statutory duties and responsibilities. |
124 | Such certified public accountants are bound by the same |
125 | confidentiality requirements and subject to the same penalties |
126 | as the district under s. 213.053. |
127 | (11) The tax imposed by this section shall constitute a |
128 | lien on the property of the lessee or licensee of any real |
129 | estate in the same manner as, and shall be collectible as are, |
130 | liens authorized and imposed by ss. 713.68 and 713.69. |
131 | Section 2. This act shall take effect July 1, 2010. |