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.  

(1)   Consideration.  For purposes of this section, the term "consideration" shall have the meaning provided for by Section 201.02, Florida Statutes.

(2)   Housing.  For purposes of this section, the term "housing" shall include all forms of rental and ownership housing and is not limited to single-family detached dwellings.

(3)   Low income family.  For purposes of this section, the term "low income family" shall mean a family whose income does not exceed eighty (80) percent of the median income of families living in the same or similar geographic area, or any other definition determined by regulation of the United States Department of Housing and Urban Development.

(4)   Moderate income family.  For purposes of this section, the term "moderate income family" shall mean a family whose income exceeds eighty (80) percent, but is less than one hundred forty (140) percent of the median income of families living in the same or similar geographic area, or any other definition determined by regulation of the United States Department of Housing and Urban Development.

(5)   Revenue.  For purposes of this section, the term "revenue" shall mean all taxes, fees, penalties, revenue or any other funds collected by the State of Florida pursuant to the provisions of this ordinance and Chapters 201 and 83-220, Florida Statutes.

(6)   Single family residence.  For purposes of this section, the term "single family residence" shall include but not be limited to detached dwellings, condominium units or units held through stock ownership or members representing a proprietary interest in a corporation owning a fee or leasehold initially in excess of ninety-eight (98) years.

(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.  

(1)   The County hereby adopts as its controlling policy regarding expenditure of the revenue, the Miami-Dade County Affordable Housing Program Guidelines, as they may be revised by the County Manger or designee.

(2)   The documentary surtax levied hereunder shall be administered and collected pursuant to the provisions of Chapter 201, Florida Statutes and Chapter 83-220, Florida Statutes, with the exception of Section 201.15, Florida Statutes.

(3)   There is hereby created the Miami-Dade County Housing Assistance Loan Trust Fund (hereinafter referred to as "the Housing Trust Fund"). All revenue collected by the State of Florida Department of Revenue pursuant to the provisions of this ordinance and Chapters 201 and 83-220, Florida Statutes, less any costs of administration, shall be remitted to Miami-Dade County and placed into the Housing Trust Fund. The revenue shall be used only to finance the construction, rehabilitation or purchase of housing for low and moderate income families and to pay the necessary costs of collection and enforcement of the documentary surtax, subject to the following limitations and requirements:

(a)   No less than fifty percent (50%) of the revenue shall be for the benefit of low income families.

(b)   Authorized uses of the revenue shall include, but not be limited to, providing funds for first and second mortgages, acquiring property for the purpose of forming housing cooperatives and the financing of new construction. However, no more than fifty percent (50%) of the revenue collected each year may be used to finance new construction.

(c)   On newly-constructed properties, the County will provide random inspections during the construction of the home and detailed inspections prior to the placement of the second mortgage.

(d)   The property must be used as the primary residence which will be reflected by a deed restriction or declaration of use restrictions covenant and will be stated in the loan documents. The property may not be rented, leased, or otherwise used as income or investment property at any time that the loan remains in effect. If the family sells, transfers, rents or vacates the property, the balance of the mortgage loan, including accrued interest, will be due upon vacating, selling, renting or transferring of the property.

(e)   Special consideration shall be given toward utilizing the revenue in the neighborhood economic programs of community development corporations.

(f)   The revenue shall not be used for rent subsidies or grants.

(g)   Subject to the limitations and requirements set forth above, the revenue shall be expended by the County only in accordance with the Miami-Dade County Affordable Housing Program Guidelines.

(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.