Florida Senate - 2018                                     SB 688
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00717A-18                                           2018688__
    1                        A bill to be entitled                      
    2         An act relating to the charter county and regional
    3         transportation system surtax; amending s. 212.055,
    4         F.S.; requiring counties, except under certain
    5         circumstances, to use surtax proceeds only for
    6         specified purposes; prohibiting the use of such
    7         proceeds for nontransit purposes; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (1) of section
   13  212.055, Florida Statutes, is amended to read:
   14         212.055 Discretionary sales surtaxes; legislative intent;
   15  authorization and use of proceeds.—It is the legislative intent
   16  that any authorization for imposition of a discretionary sales
   17  surtax shall be published in the Florida Statutes as a
   18  subsection of this section, irrespective of the duration of the
   19  levy. Each enactment shall specify the types of counties
   20  authorized to levy; the rate or rates which may be imposed; the
   21  maximum length of time the surtax may be imposed, if any; the
   22  procedure which must be followed to secure voter approval, if
   23  required; the purpose for which the proceeds may be expended;
   24  and such other requirements as the Legislature may provide.
   25  Taxable transactions and administrative procedures shall be as
   26  provided in s. 212.054.
   27         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
   28  SURTAX.—
   29         (d)1.Except as set forth in subparagraph 2., proceeds from
   30  the surtax shall be applied to as many or as few of the uses
   31  enumerated below in whatever combination the county commission
   32  deems appropriate:
   33         a.1. Deposited by the county in the trust fund and shall be
   34  used for the purposes of development, construction, equipment,
   35  maintenance, operation, supportive services, including a
   36  countywide bus system, on-demand transportation services, and
   37  related costs of a fixed guideway rapid transit system;
   38         b.2. Remitted by the governing body of the county to an
   39  expressway, transit, or transportation authority created by law
   40  to be used, at the discretion of such authority, for the
   41  development, construction, operation, or maintenance of roads or
   42  bridges in the county, for the operation and maintenance of a
   43  bus system, for the operation and maintenance of on-demand
   44  transportation services, for the payment of principal and
   45  interest on existing bonds issued for the construction of such
   46  roads or bridges, and, upon approval by the county commission,
   47  such proceeds may be pledged for bonds issued to refinance
   48  existing bonds or new bonds issued for the construction of such
   49  roads or bridges; and
   50         3.Used by the county for the development, construction,
   51  operation, and maintenance of roads and bridges in the county;
   52  for the expansion, operation, and maintenance of bus and fixed
   53  guideway systems; for the expansion, operation, and maintenance
   54  of on-demand transportation services; and for the payment of
   55  principal and interest on bonds issued for the construction of
   56  fixed guideway rapid transit systems, bus systems, roads, or
   57  bridges; and such proceeds may be pledged by the governing body
   58  of the county for bonds issued to refinance existing bonds or
   59  new bonds issued for the construction of such fixed guideway
   60  rapid transit systems, bus systems, roads, or bridges and no
   61  more than 25 percent used for nontransit uses; and
   62         c.4. Used by the county for the planning, development,
   63  construction, operation, and maintenance of roads and bridges in
   64  the county; for the planning, development, expansion, operation,
   65  and maintenance of bus and fixed guideway systems; for the
   66  planning, development, construction, expansion, operation, and
   67  maintenance of on-demand transportation services; and for the
   68  payment of principal and interest on bonds issued for the
   69  construction of fixed guideway rapid transit systems, bus
   70  systems, roads, or bridges; and such proceeds may be pledged by
   71  the governing body of the county for bonds issued to refinance
   72  existing bonds or new bonds issued for the construction of such
   73  fixed guideway rapid transit systems, bus systems, roads, or
   74  bridges and no more than 25 percent used for nontransit uses.
   75  Pursuant to an interlocal agreement entered into pursuant to
   76  chapter 163, the governing body of the county may distribute
   77  proceeds from the tax to a municipality, or an expressway or
   78  transportation authority created by law to be expended for the
   79  purpose authorized by this paragraph. Any county that has
   80  entered into interlocal agreements for distribution of proceeds
   81  to one or more municipalities in the county shall revise such
   82  interlocal agreements no less than every 5 years in order to
   83  include any municipalities that have been created since the
   84  prior interlocal agreements were executed.
   85         2. To the extent not prohibited by contracts or bond
   86  covenants in effect on July 1, 2018, each county, as defined in
   87  s. 125.011(1), shall use surtax proceeds only for the following
   88  purposes:
   89         a. The planning, design, engineering, and construction of
   90  fixed guideway rapid transit systems.
   91         b. The acquisition of right-of-way for fixed guideway rapid
   92  transit systems, provided that the current owner of the right
   93  of-way is a willing seller or lessor.
   94         c. The purchase of buses and other capital costs for a bus
   95  system.
   96         d. The payment of principal and interest on bonds
   97  previously issued related to fixed guideway rapid transit
   98  systems or bus systems.
   99         e. As security by the governing body of the county to
  100  refinance existing bonds or to issue new bonds for the planning,
  101  design, engineering, and construction of fixed guideway rapid
  102  transit systems or bus systems.
  103  
  104  Surtax proceeds may not be used for nontransit purposes.
  105         Section 2. This act shall take effect July 1, 2018.