Senate Bill sb2812

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    Florida Senate - 2007                                  SB 2812

    By Senator Wilson





    33-1640-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to the discretionary surtax on

  3         documents; amending s. 125.0167, F.S.;

  4         decreasing the rate of the tax; deleting a

  5         requirement that a Housing Assistance Loan

  6         Trust Fund be established; providing for

  7         remittance of surtax revenues with the

  8         Department of Revenue for deposit into a trust

  9         fund administered by the Florida Housing

10         Finance Corporation; amending s. 201.031, F.S.;

11         requiring the department to pay surtax revenues

12         to the corporation for certain purposes;

13         limiting certain administrative expenses;

14         requiring a county to develop a local housing

15         assistance plan for certain purposes; requiring

16         adoption of the plan by ordinance; requiring

17         submittal of the plan to the corporation for

18         approval; providing for distribution of surtax

19         revenues by the corporation; requiring the

20         county to expend surtax revenues for certain

21         purpose; providing an effective date.

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

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25         Section 1.  Section 125.0167, Florida Statutes, is

26  amended to read:

27         125.0167  Discretionary surtax on documents; adoption;

28  application of revenue.--

29         (1)  Pursuant to the provisions of s. 201.031, the

30  governing authority in each county, as defined by s.

31  125.011(1), is authorized to levy a discretionary surtax on

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    Florida Senate - 2007                                  SB 2812
    33-1640-07                                              See HB




 1  documents for the purpose of assisting establishing and

 2  financing a Housing Assistance Loan Trust Fund to assist in

 3  the financing of construction, rehabilitation, or purchase of

 4  housing for low-income and moderate-income families. No less

 5  than 50 percent of the funds used in each county to provide

 6  such housing assistance shall be for the benefit of low-income

 7  families. For the purpose of this section, "low-income family"

 8  means a family whose income does not exceed 80 percent of the

 9  median income for the area, and "moderate-income family" means

10  a family whose income is in excess of 80 percent but less than

11  140 percent of the median income for the area. For purposes of

12  this section, the term "housing" is not limited to

13  single-family, detached dwellings. The rate of the surtax

14  shall not exceed the rate of 30 45 cents for each $100 or

15  fractional part thereof of the consideration therefor. Such

16  surtax shall apply only to those documents taxable under s.

17  201.02, except that there shall be no surtax on any document

18  pursuant to which the interest granted, assigned, transferred,

19  or conveyed involves only a single-family residence. Such

20  single-family residence may be a condominium unit, a unit held

21  through stock ownership or membership representing a

22  proprietary interest in a corporation owning a fee or a

23  leasehold initially in excess of 98 years, or a detached

24  dwelling.

25         (2)  The levy of the discretionary surtax and the

26  creation of a Housing Assistance Loan Trust Fund shall be by

27  ordinance which shall set forth the policies and procedures of

28  the assistance program. The ordinance shall be proposed at a

29  regular meeting of the governing authority at least 2 weeks

30  prior to formal adoption. Formal adoption shall not be

31  effective unless approved on final vote by a majority of the

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    Florida Senate - 2007                                  SB 2812
    33-1640-07                                              See HB




 1  total membership of the governing authority. The ordinance

 2  shall not take effect until 90 days after formal adoption.

 3         (3)  The county shall remit deposit revenues from the

 4  discretionary surtax to the Department of Revenue for deposit

 5  into in the Housing Assistance Loan trust fund established in

 6  s. 201.032 of the county, except that a portion of such

 7  revenues may be deposited into the Home Investment Trust Fund

 8  of the county as defined by and created pursuant to the

 9  requirements of federal law. The county shall use the revenues

10  distributed to the county by the Florida Housing Finance

11  Corporation only to help finance the construction,

12  rehabilitation, or purchase of housing for low-income families

13  and moderate-income families, to pay necessary costs of

14  collection and enforcement of the surtax, and to fund any

15  local matching contributions required pursuant to federal law.

16  For purposes of this section, authorized uses of the revenues

17  include, but are not limited to, providing funds for first and

18  second mortgages and acquiring property for the purpose of

19  forming housing cooperatives. Special consideration shall be

20  given toward using the revenues in the neighborhood economic

21  development programs of community development corporations. No

22  more than 50 percent of the revenues collected each year

23  pursuant to this section may be used to help finance new

24  construction as provided herein. The proceeds of the surtax

25  shall not be used for rent subsidies or grants.

26         Section 2.  Section 201.031, Florida Statutes, is

27  amended to read:

28         201.031  Discretionary surtax; administration and

29  collection; Housing Assistance Loan Trust Fund; reporting

30  requirements.--

31  

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    Florida Senate - 2007                                  SB 2812
    33-1640-07                                              See HB




 1         (1)  Each county, as defined by s. 125.011(1), may

 2  levy, subject to the provisions of s. 125.0167, a

 3  discretionary surtax on documents taxable under the provisions

 4  of s. 201.02, except that there shall be no surtax on any

 5  document pursuant to which the interest granted, assigned,

 6  transferred, or conveyed involves only a single-family

 7  residence. Such single-family residence may be a condominium

 8  unit, a unit held through stock ownership or membership

 9  representing a proprietary interest in a corporation owning a

10  fee or a leasehold initially in excess of 98 years, or a

11  detached dwelling.

12         (2)(a)  All provisions of chapter 201, except s.

13  201.15, shall apply to the surtax. The Department of Revenue

14  shall pay to the Florida Housing Finance Corporation for

15  distribution to governing authority of the county which levies

16  the surtax pursuant to paragraph (b) all taxes, penalties, and

17  interest collected under this section, less any costs of

18  administration not exceeding 5 percent of such taxes,

19  penalties, and interest.

20         (b)  The county shall develop a local housing

21  assistance plan as provided in s. 420.9075 and by ordinance

22  adopt such plan for use of funds from the surtax and submit

23  the plan to the corporation for review and approval pursuant

24  to part VII of chapter 420. If the corporation disapproves the

25  plan, the corporation shall provide the county an explanation

26  of the reasons for the disapproval and afford the county an

27  opportunity to amend the plan to comply with plan requirements

28  provided in s. 420.9075. If the corporation approves the plan,

29  the corporation shall distribute surtax revenues from the

30  trust fund established in s. 201.032 to the county. The county

31  shall expend surtax revenues pursuant to the plan.

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    Florida Senate - 2007                                  SB 2812
    33-1640-07                                              See HB




 1         (3)  Each county which levies the surtax shall include

 2  in the financial report required under s. 218.32 information

 3  showing the revenues from the surtax and the expenses of the

 4  local housing assistance plan trust fund for the fiscal year.

 5         Section 3.  This act shall take effect July 1, 2007.

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