Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 980
       
       
       
       
       
       
                                Barcode 769326                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/14/2012           .                                
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       The Committee on Education Pre-K - 12 (Bullard) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 212.055, Florida
    6  Statutes, is amended to read:
    7         212.055 Discretionary sales surtaxes; legislative intent;
    8  authorization and use of proceeds.—It is the legislative intent
    9  that any authorization for imposition of a discretionary sales
   10  surtax shall be published in the Florida Statutes as a
   11  subsection of this section, irrespective of the duration of the
   12  levy. Each enactment shall specify the types of counties
   13  authorized to levy; the rate or rates which may be imposed; the
   14  maximum length of time the surtax may be imposed, if any; the
   15  procedure which must be followed to secure voter approval, if
   16  required; the purpose for which the proceeds may be expended;
   17  and such other requirements as the Legislature may provide.
   18  Taxable transactions and administrative procedures shall be as
   19  provided in s. 212.054.
   20         (6) SCHOOL CAPITAL OUTLAY SURTAX.—
   21         (a) The school board in each county may levy, pursuant to
   22  resolution conditioned to take effect only upon approval by a
   23  majority vote of the electors of the county voting in a
   24  referendum, a discretionary sales surtax at a rate that may not
   25  exceed 0.5 percent.
   26         (b) The resolution shall include a statement that provides
   27  a brief and general description of the new or existing school
   28  capital outlay projects to be funded by the surtax. The
   29  statement shall conform to the requirements of s. 101.161 and
   30  shall be placed on the ballot by the governing body of the
   31  county. The following question shall be placed on the ballot:
   32  ....FOR THE                 ....CENTS TAX             
   33  ....AGAINST THE             ....CENTS TAX             
   34         (c) The resolution providing for the imposition of the
   35  surtax shall set forth a plan for use of the surtax proceeds for
   36  fixed capital expenditures or fixed capital costs associated
   37  with the construction, reconstruction, or improvement of school
   38  facilities and campuses which have a useful life expectancy of 5
   39  or more years, and any land acquisition, land improvement,
   40  design, and engineering costs related thereto. Additionally, the
   41  plan shall include the costs of retrofitting and providing for
   42  technology implementation, including hardware and software, for
   43  the various sites within the school district. Surtax revenues
   44  may be used for the purpose of servicing bond indebtedness to
   45  finance projects authorized by this subsection, and any interest
   46  accrued thereto may be held in trust to finance such projects.
   47  Neither the proceeds of the surtax nor any interest accrued
   48  thereto shall be used for operational expenses.
   49         (d) The resolution may also set forth a plan for using the
   50  proceeds of the surtax to fund the expenses authorized under s.
   51  1011.71(2). The plan may provide that the proceeds of the
   52  surtax, including interest accrued on the revenues of the
   53  surtax, shall be used for the expenses of maintaining,
   54  renovating, or repairing existing school facilities or for
   55  maintaining, securing, or upgrading capital technology equipment
   56  and infrastructure for schools. However, in order to use the
   57  surtax revenues for the purposes specified in this paragraph, a
   58  school board shall covenant to decrease the capital local school
   59  property tax levied pursuant to s. 1011.71(2) and to maintain
   60  that tax at the reduced millage for as long as the surtax is in
   61  effect.
   62         (e)(d) Surtax revenues collected by the Department of
   63  Revenue pursuant to this subsection shall be distributed to the
   64  school board imposing the surtax in accordance with law.
   65         Section 2. A school district that levies the surtax under
   66  s. 212.055(6), Florida Statutes, before July 1, 2012, may not
   67  use the surtax revenues for the additional purposes authorized
   68  in this act unless the plan for such use is approved by a
   69  majority vote of the electors of the county voting in a
   70  referendum.
   71         Section 3. This act shall take effect July 1, 2012.
   72  
   73  ================= T I T L E  A M E N D M E N T ================
   74         And the title is amended as follows:
   75         Delete everything before the enacting clause
   76  and insert:
   77                        A bill to be entitled                      
   78         An act relating to discretionary sales surtaxes;
   79         amending s. 212.055, F.S.; expanding the purposes for
   80         which revenues from the school capital outlay surtax
   81         may be used; making the use of surtax revenues for
   82         specified additional purposes contingent upon certain
   83         school board actions relating to the reduction of
   84         certain property taxes during the time surtax is in
   85         effect; requiring approval of the electors in order to
   86         use the surtax revenues for the additional purposes
   87         authorized by the act; providing an effective date.