Miami Dade County Code

Section 29-7.  Documentary surtax.

(A)  Legislative findings, authority and intent. This article is enacted pursuant to the provisions of Chapter 83-220, Florida Statutes and the Miami-Dade County Home Rule Charter and shall be known as the "Metropolitan Dade County Documentary Surtax Ordinance."

The Board of County Commissioners of Miami-Dade County hereby finds and declares that there is a great and urgent need in this community for the construction and rehabilitation of all types of affordable housing. This Board further finds that the documentary surtax program has been widely successful in meeting this need and should continue to fund the construction and rehabilitation of housing for low and moderate income families through the provision of second mortgages, construction loans and other programs.

This article is hereby declared to be remedial and essential to the public interest. It is intended that the provisions of this article be liberally construed to effect the purposes stated herein, and shall be cumulative, supplemental to and not in derogation of any provision of the Florida Statutes, Code of Miami-Dade County or other applicable law.

(B)  Definitions.
(C)  Levy and imposition.  There shall be levied and imposed throughout the incorporated and unincorporated areas of Miami-Dade County a documentary surtax. The documentary surtax shall be imposed on all documents taxable pursuant to Chapter 201, Florida Statutes, at a rate of forty-five cents ($0.45) for each one hundred dollars ($100.00), or fractional part thereof, of the full amount of the consideration relating to each document taxable hereunder. The documentary surtax shall be imposed in addition to any other tax imposed pursuant to Chapter 201, Florida Statutes.

(D)  Exceptions.  The documentary surtax shall be neither levied nor imposed on any document taxable under Chapter 201, Florida Statutes in which the interest granted, assigned, transferred or otherwise conveyed thereby is solely and exclusively a single-family residence.

(E)  Administration, collection and use.
(F)  Effective date.  The surtax levied hereunder shall be effective in accordance with the provisions of State law authorizing the same as may be amended from time to time.

(G)  [Competitive Request for Applications (RFA) process]. No allocation of documentary surtax funds shall be made except as part of a competitive Request for Applications (RFA) process. Notwithstanding the foregoing, documentary surtax funds loaned directly to homeowners by Miami-Dade County may be allocated without the necessity of a competitive RFA process.

(H)  [RFA process; public meeting.] The RFA process shall include a public meeting which affords the residents of Miami-Dade County the opportunity to comment on applications and funding requests and recommendations. This public meeting shall be held prior to presentation of any funding recommendations to the Board of County Commissioners by Miami-Dade County staff.

(Ord. No. 93-143, § 2, 12-14-93; Ord. No. 94-205, § 1, 11-1-94; Ord. No. 95-128, § 1, 7-11-95; Ord. No. 97-65, § 1, 5-20-97; Ord. No. 06-170, §§ 1, 2, 11-28-06; Ord. No. 07-18, § 1, 2-6-07)

Editor's note: Ord. No. 93-143, § 2, adopted Dec. 14, 1993, deleted former § 29-7, relative to a document surtax, and enacted a new § 29-7 to read as herein set out. The provisions of former § 29-7 derived from Ord. No. 83-81, §§ 2--4, adopted Sept. 20, 1983 and Ord. No. 93-92, § 3, enacted Sept. 20, 1993.