2001 REGULAR SESSION (71st) A AB462 404
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting lines 3 through 6 and inserting:
““Nonresidential construction project” means construction other than construction of residential dwelling units or an apartment house or the development of mobile home lots. The term does not include any construction by a governmental agency.”.
Amend sec. 3, page 1, line 15, by deleting “nonresidential construction” and inserting:
“a nonresidential construction project”.
Amend sec. 4, page 2, line 5, after “construction” by inserting “projects”.
Amend sec. 4, page 2, line 12, by deleting “neighborhoods” and inserting:
“neighborhoods , regions”.
Amend sec. 4, page 2, line 19, by deleting “construction,” and inserting “construction projects,”.
Amend sec. 4, page 2, line 31, after “construction” by inserting “projects”.
Amend sec. 5, page 2, line 38, after “neighborhood” by inserting “or regional”.
Amend sec. 5, page 2, line 42, after “construction” by inserting “projects”.
Amend sec. 5, page 2, line 46, by deleting “[$1,000] $2,000” and inserting “$1,000”.
Amend sec. 5, page 3, by deleting lines 9 through 12 and inserting:
“(c) With respect to a nonresidential construction project, 1 percent of the valuation of each building permit issued or $20,000 per project, whichever is less. For the purpose of calculating”.
Amend sec. 5, page 3, line 16, after “construction” by inserting “projects”.
Amend sec. 5, page 3, line 18, after “neighborhood” by inserting “and regional”.
Amend sec. 5, page 3, by deleting lines 19 through 21 and inserting:
“and facilities for such parks which are required by [the residents of those apartment houses, mobile homes and residences.]or for the benefit of persons who live or work in the park districts or service areas within the city or county.”.
Amend sec. 5, page 3, by deleting line 28 and inserting:
“plan, of park districts or service areas which would serve neighborhoods , regions or communities of interest within the city or”.
Amend sec. 5, page 3, line 31, after “construction” by inserting “project”.
Amend sec. 5, pages 3 and 4, by deleting lines 34 through 49 on page 3 and lines 1 through 17 on page 4, and inserting:
“5. All [residential] construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners, and all interest accrued on the money, must be placed with the city treasurer or county treasurer in a special fund. The money in the fund that is collected pursuant to paragraphs (a) and (b) of subsection 2 must be accounted for separately from the money in the fund collected pursuant to paragraph (c) of subsection 2.
6. Except as otherwise provided in subsection [6,]8, the money in the fund which is collected pursuant to paragraphs (a) and (b) of subsection 2 may only be [used]:
(a) Used for the acquisition, improvement and expansion of neighborhood parks or the installation of facilities in existing or neighborhood parks in the city or county. [Money in the fund must be expended]
(b) Expended for the benefit of the neighborhood from which it was collected.
[6.] 7. Except as otherwise provided in subsection 9, the money in the fund which is collected pursuant to paragraph (c) of subsection 2 may only be:
(a) Used for the acquisition, improvement and expansion of regional parks or the installation of facilities in existing regional parks in the city or county.
(b) Expended for the benefit of the park district or service area from which it was collected.
8. If a neighborhood park has not been developed or facilities have not been installed in an existing park in the park district created to serve the neighborhood in which the subdivision or development is located within 3 years after the date on which 75 percent of the residential dwelling units authorized within that subdivision or development first became occupied, all money paid by the subdivider or developer [,] pursuant to paragraph (a) or (b) of subsection 2, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the lots in the subdivision or development at the time of the reversion on a pro rata basis.
[7.] 9. If a regional park has not been developed or facilities have not been installed in an existing regional park within 10 years after the date on which 75 percent of the nonresidential construction project first became occupied, all money paid by the developer pursuant to paragraph (c) of subsection 2, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the property at the time of the reversion on a pro rata basis.
10. The limitation of time established pursuant to [subsection 6] subsections 8 and 9 is suspended for any period, not to exceed 1 year, during which this state or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the development of a park or installation of facilities.
[8. For the purposes of]
11. As used in this section:
(a) “Facilities” means turf, trees, irrigation, playground apparatus, playing fields, areas to be used for organized amateur sports, play areas, picnic areas, horseshoe pits and other recreational equipment or appurtenances designed to serve the [natural persons, families and small groups from the neighborhood from which the tax was collected.]persons who use the park in which the facilities are located.
(b) “Neighborhood park” means a site not exceeding 25 acres, designed to serve the recreational and outdoor needs of the natural persons, families and small groups[.] in the neighborhood from which the tax was collected.
(c) “Regional park” means a site exceeding 50 acres, designed to serve the outdoor needs of persons who live or work in the region in which it is located.”.
Amend sec. 6, page 4, line 24, by deleting:
“to 278.4981, inclusive;” and inserting:
“[to 278.4981, inclusive;] , 278.498 and 278.4981;”.
Amend sec. 7, page 4, line 39, by deleting:
“to 278.4981, inclusive,” and inserting:
“[to 278.4981, inclusive,] , 278.498 and 278.4981”.
Amend sec. 7, page 4, line 43, after “construction” by inserting “project”.
Amend the title of the bill to read as follows:
“AN ACT relating to local governments; authorizing certain local governments to impose a tax on nonresidential construction projects or require the dedication of certain land for regional parks; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows: