Florida Senate - 2012                              CS for SB 980
       
       
       
       By the Committee on Education Pre-K - 12; and Senator Margolis
       
       
       
       
       581-03377-12                                           2012980c1
    1                        A bill to be entitled                      
    2         An act relating to discretionary sales surtaxes;
    3         amending s. 212.055, F.S.; expanding the purposes for
    4         which revenues from the school capital outlay surtax
    5         may be used; making the use of surtax revenues for
    6         specified additional purposes contingent upon certain
    7         school board actions relating to the reduction of
    8         certain property taxes during the time the surtax is
    9         in effect; requiring approval of the electors in order
   10         to use surtax revenues for the additional purposes
   11         authorized by the act; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (6) of section 212.055, Florida
   16  Statutes, is amended to read:
   17         212.055 Discretionary sales surtaxes; legislative intent;
   18  authorization and use of proceeds.—It is the legislative intent
   19  that any authorization for imposition of a discretionary sales
   20  surtax shall be published in the Florida Statutes as a
   21  subsection of this section, irrespective of the duration of the
   22  levy. Each enactment shall specify the types of counties
   23  authorized to levy; the rate or rates which may be imposed; the
   24  maximum length of time the surtax may be imposed, if any; the
   25  procedure which must be followed to secure voter approval, if
   26  required; the purpose for which the proceeds may be expended;
   27  and such other requirements as the Legislature may provide.
   28  Taxable transactions and administrative procedures shall be as
   29  provided in s. 212.054.
   30         (6) SCHOOL CAPITAL OUTLAY SURTAX.—
   31         (a) The school board in each county may levy, pursuant to
   32  resolution conditioned to take effect only upon approval by a
   33  majority vote of the electors of the county voting in a
   34  referendum, a discretionary sales surtax at a rate that may not
   35  exceed 0.5 percent.
   36         (b) The resolution shall include a statement that provides
   37  a brief and general description of the new or existing school
   38  capital outlay projects to be funded by the surtax. The
   39  statement shall conform to the requirements of s. 101.161 and
   40  shall be placed on the ballot by the governing body of the
   41  county. The following question shall be placed on the ballot:
   42  ....FOR THE                 ....CENTS TAX             
   43  ....AGAINST THE             ....CENTS TAX             
   44         (c) The resolution providing for the imposition of the
   45  surtax shall set forth a plan for use of the surtax proceeds for
   46  fixed capital expenditures or fixed capital costs associated
   47  with the construction, reconstruction, or improvement of school
   48  facilities and campuses which have a useful life expectancy of 5
   49  or more years, and any land acquisition, land improvement,
   50  design, and engineering costs related thereto. Additionally, the
   51  plan shall include the costs of retrofitting and providing for
   52  technology implementation, including hardware and software, for
   53  the various sites within the school district. Surtax revenues
   54  may be used for the purpose of servicing bond indebtedness to
   55  finance projects authorized by this subsection, and any interest
   56  accrued thereto may be held in trust to finance such projects.
   57  Neither the proceeds of the surtax nor any interest accrued
   58  thereto shall be used for operational expenses.
   59         (d) The resolution may also set forth a plan for using the
   60  proceeds of the surtax to fund the expenses authorized under s.
   61  1011.71(2). The plan may provide that the proceeds of the
   62  surtax, including interest accrued on the revenues of the
   63  surtax, shall be used for the expenses of maintaining,
   64  renovating, or repairing existing school facilities or for
   65  maintaining, securing, or upgrading capital technology equipment
   66  and infrastructure for schools. However, in order to use the
   67  surtax revenues for the purposes specified in this paragraph, a
   68  school board shall covenant to decrease the capital local school
   69  property tax levied pursuant to s. 1011.71(2) and to maintain
   70  that tax at the reduced millage for as long as the surtax is in
   71  effect.
   72         (e)(d) Surtax revenues collected by the Department of
   73  Revenue pursuant to this subsection shall be distributed to the
   74  school board imposing the surtax in accordance with law.
   75         Section 2. A school district that levies the surtax under
   76  s. 212.055(6), Florida Statutes, before July 1, 2012, may not
   77  use the surtax revenues for the additional purposes authorized
   78  in this act unless the plan for such use is approved by a
   79  majority vote of the electors of the county voting in a
   80  referendum.
   81         Section 3. This act shall take effect July 1, 2012.