House Bill hb1397

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    Florida House of Representatives - 2001                HB 1397

        By Representative Greenstein






  1                      A bill to be entitled

  2         An act relating to the Florida Mobile Home

  3         Relocation Trust Fund; creating s. 320.0805,

  4         F.S.; creating the Florida Mobile Home

  5         Relocation Trust Fund; providing for its

  6         purposes; creating the Florida Mobile Home

  7         Relocation Corporation; providing for the

  8         membership and authority of the corporation;

  9         providing for review and termination or

10         re-creation of the trust fund; creating s.

11         320.08051, F.S.; providing for the levy of a

12         surcharge on mobile home license taxes;

13         amending s. 320.081, F.S.; providing for the

14         collection and distribution of the license tax

15         surcharge; providing a contingent effective

16         date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 320.0805, Florida Statutes, is

21  created to read:

22         320.0805  Florida Mobile Home Relocation Trust Fund.--

23         (1)  There is established within the Department of

24  Business and Professional Regulation the Florida Mobile Home

25  Relocation Trust Fund to be used as provided in s. 723.0610,

26  and administered by the Florida Mobile Home Relocation

27  Corporation created in subsection (3). All interest earned

28  from the investment or deposit of moneys in the trust fund

29  shall be deposited in the trust fund. The trust fund shall be

30  funded from the surcharge collected under s. 320.08051; the

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    Florida House of Representatives - 2001                HB 1397

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  1  surcharge collected under s. 723.007; and the moneys collected

  2  under s. 723.0610(2).

  3         (2)  Moneys in the trust fund may be expended only:

  4         (a)  To pay the cost to administer the Mobile Home

  5  Relocation Advisory Board and this trust fund.

  6         (b)  To carry out the purposes and objectives of the

  7  relocation program set forth in s. 723.0610.

  8         (3)  There is created the Florida Mobile Home

  9  Relocation Corporation, a private entity administered by a

10  board of directors made up of six members, three members

11  appointed by the Florida Manufactured Housing Association and

12  three members appointed by the Federation of Manufactured Home

13  Owners. The corporation may borrow from private finance

14  sources in order to meet the demands of the relocation program

15  established in s. 723.0610.

16         Section 2.  In accordance with Section 19(f)(2),

17  Article III of the State Constitution, the Mobile Home

18  Relocation Trust Fund shall, unless terminated sooner, be

19  terminated on July 1, 2005. Before its scheduled termination,

20  the trust fund shall be reviewed as provided in section

21  215.3206(1) and (2), Florida Statutes.

22         Section 3.  Section 320.08051, Florida Statutes, is

23  created to read:

24         320.08051  Surcharge on license tax; Florida Mobile

25  Home Relocation Trust Fund.--There is levied on each license

26  tax imposed under s. 320.08(11), a surcharge in the amount of

27  $2, which shall be collected in the same manner as the license

28  tax and shall be deposited into the Florida Mobile Home

29  Relocation Trust Fund. The surcharge shall begin to be

30  collected during the first year after this section takes

31  effect. This surcharge may not be imposed during the next year

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    Florida House of Representatives - 2001                HB 1397

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  1  if the balance in the Florida Mobile Home Relocation Trust

  2  Fund exceeds $10 million. The surcharge shall be reinstated in

  3  the next year after the balance in the Florida Mobile Home

  4  Relocation Trust Fund drops below $6 million.

  5         Section 4.  Subsections (3), (4), and (5) of section

  6  320.081, Florida Statutes, are amended to read:

  7         320.081  Collection and distribution of annual license

  8  tax imposed on the following type units.--

  9         (3)  The owner shall make application for such sticker

10  in the manner provided in s. 320.02, and the tax collectors in

11  the several counties of the state shall collect the license

12  taxes imposed by s. 320.08(10) and (11) and the license tax

13  surcharge imposed by s. 320.08051 in the same manner and under

14  the same conditions and requirements as provided in s. 320.03.

15         (4)  Each tax collector shall make prompt remittance of

16  all moneys collected by him or her to the department at such

17  times and in such manner as provided by law.  Upon receipt of

18  the license taxes collected from the tax collectors of the

19  several counties, the department shall pay into the State

20  Treasury for deposit in the General Revenue Fund the sum of

21  $1.50 on each such sticker issued, and shall pay into the

22  State Treasury for deposit into the Florida Mobile Home

23  Relocation Trust Fund $2 on each sticker issued as provided in

24  s. 320.08051. The balance remaining shall be paid into a trust

25  fund in the State Treasury designated "License Tax Collection

26  Trust Fund," and the moneys so deposited shall be paid to the

27  respective counties and cities wherein such units governed by

28  the provisions of this section are located, regardless of

29  where the license taxes are collected, in the manner

30  hereinafter provided.

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    Florida House of Representatives - 2001                HB 1397

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  1         (5)  The department shall keep records showing the

  2  total number of stickers issued to each type unit governed by

  3  this section, the total amount of license taxes collected, and

  4  the county or city wherein each such unit is located and shall

  5  from month to month certify to the Comptroller the amount

  6  derived from license taxes in each county and each city within

  7  the county. Such amount, less the amount of $1.50 collected on

  8  each license and the $2 license tax surcharge imposed by s.

  9  320.08051, shall be paid to the counties and cities within the

10  counties wherein the unit or units are located as follows:

11  one-half to the district school board and the remainder either

12  to the board of county commissioners, for units which are

13  located within the unincorporated areas of the county, or to

14  any city within such county, for units which are located

15  within its corporate limits. Payment shall be by warrant drawn

16  by the Comptroller upon the treasury, which amount is hereby

17  appropriated monthly out of the License Tax Collection Trust

18  Fund.

19         Section 5.  This act shall take effect on the effective

20  date of Senate Bill 442, but it shall not take effect unless

21  it is enacted by a three-fifths vote of the membership of each

22  house of the Legislature and unless SB 442, 2001 Regular

23  Session, becomes a law.

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25            *****************************************

26                          SENATE SUMMARY

27    Creates the Florida Mobile Home Relocation Trust Fund to
      be administered by the Department of Business and
28    Professional Regulation. Provides for review and
      termination or re-creation of the trust fund. Creates the
29    Florida Mobile Home Relocation Corporation and provides
      for its membership and authority. Provides for the levy
30    of a surcharge on mobile home license taxes.

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