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       Florida Senate - 2010                                     SB 928
       By Senator Wilson
       33-00946-10                                            2010928__
    1                        A bill to be entitled                      
    2         An act relating to low-income and moderate-income
    3         homeowners; providing for counties to establish a fund
    4         for providing no-interest loans to assist low-income
    5         and moderate-income homeowners in paying homeowners’
    6         insurance premiums; authorizing the governing
    7         authority of a county to levy surtaxes on building
    8         related permits to finance the assistance fund;
    9         limiting the amount a family may receive from the fund
   10         in any year; requiring that a loan be repaid if the
   11         homestead is sold or refinanced; requiring that any
   12         proceeds from refinancing or selling a homestead be
   13         deposited back into the fund; defining the terms “low
   14         income family” and “moderate-income family”; providing
   15         requirements for the ordinance levying the surtax and
   16         creating the fund; specifying the amount of the
   17         surtaxes; providing limitations on the use of the
   18         fund; providing for the program to be adopted
   19         initially by the governing authority of certain
   20         constitutional charter counties and for later adoption
   21         in the remaining counties of the state; providing
   22         effective dates.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Low-Income and Moderate-Income Homeowners’
   27  Insurance Premium Assistance Pilot Program.—
   28         (1) The governing authority of each county may levy a
   29  discretionary surtax on building-related permits for the purpose
   30  of establishing and financing a Low and Moderate Income
   31  Insurance Assistance Fund. This fund shall be used to make no
   32  interest loans to assist low-income and moderate-income families
   33  who own homestead property in paying their homeowners’ insurance
   34  premiums. These loans shall be made on a first-come, first-to
   35  qualify basis. Seventy-five percent of the revenue in the fund
   36  in each county shall be used to provide loan assistance to low
   37  income families and 25 percent of the revenue in the fund shall
   38  be used to provide loan assistance to moderate-income families.
   39  The maximum amount of any loan that a low-income family or
   40  moderate-income family may receive from the fund is $2,000 per
   41  year, and a check from the fund must be made payable to the
   42  homeowner’s insurance company. When a homeowner who has received
   43  a loan from the fund sells or refinances his or her homestead
   44  property, that loan must be repaid from the proceeds of the sale
   45  or refinancing. Repayment of a loan made from the fund may be
   46  collected by the method provided for in ss. 197.3632 and
   47  197.3635, Florida Statutes, for non-ad valorem assessments, and
   48  may also be collected by any alternative method that is
   49  authorized by law. Any proceeds of repayment must be deposited
   50  into the Low and Moderate Income Insurance Assistance Fund. As
   51  used in this section, “low-income family” means a family whose
   52  income does not exceed 80 percent of the median income for the
   53  area and “moderate-income family” means a family whose income is
   54  in excess of 80 percent but less than 140 percent of the median
   55  income for the area.
   56         (2) The levy of the discretionary surtax and the creation
   57  of a Low and Moderate Income Insurance Assistance Fund shall be
   58  by an ordinance that sets forth the policies and procedures of
   59  the assistance program. The discretionary surtax must be levied
   60  as set forth in subsection (3). The ordinance shall be proposed
   61  at a regular meeting of the governing authority at least 2 weeks
   62  prior to formal adoption. Formal adoption is not effective
   63  unless approved on final vote by a majority of the total
   64  membership of the governing authority. The ordinance may not
   65  take effect until 90 days after formal adoption.
   66         (3) The county shall levy the discretionary surtax as
   67  follows:
   68         (a) One dollar per permit for building-related permits that
   69  are less than $11.
   70         (b) Two dollars per permit for building-related permits
   71  that are $11 to $99.99.
   72         (c) Five dollars per permit for building-related permits
   73  that are $100 to $499.99.
   74         (d) Twenty-five dollars per permit for building-related
   75  permits that are $500 to $999.99.
   76         (e) Fifty dollars per permit for building-related permits
   77  that are $1,000 or more.
   78         (4) The county shall deposit 90 percent of the revenues
   79  from the discretionary surtax in the Low and Moderate Income
   80  Insurance Assistance Fund of the county. Ten percent of the
   81  revenues may be used for administrative costs. Any interest
   82  earned from the fund must remain in the fund. The county shall
   83  use the revenues in the fund only to offer low-income and
   84  moderate-income families financial assistance with their
   85  homeowners’ insurance premium payments on their homestead
   86  property, to pay necessary costs of collection and enforcement
   87  of the surtax, and to fund any local matching contributions
   88  required pursuant to federal law for the Low-Income and
   89  Moderate-Income Homeowners’ Insurance Premium Assistance Pilot
   90  Program. The proceeds of the surtax may not be used for rent
   91  subsidies or grants.
   92         Section 2. Effective July 1, 2010, the Low-Income and
   93  Moderate-Income Homeowners’ Insurance Premium Assistance Pilot
   94  Program may be adopted only by the governing authority of a
   95  county as defined in s. 125.011(1), Florida Statutes. Effective
   96  July 1, 2011, the Low-Income and Moderate-Income Homeowners’
   97  Insurance Premium Assistance Pilot Program may be adopted by the
   98  governing authorities of the remaining counties in the state.
   99         Section 3. Except as otherwise expressly provided in this
  100  act, this act shall take effect July 1, 2010.

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