CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator McKay moved the following amendment to amendment

12  (214958):

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14         Senate Amendment (with title amendment) 

15         On page 1, between lines 16 and 17,

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17  insert:

18         Section 1.  Paragraph (d) of subsection (2) of section

19  212.055, Florida Statutes, 1998 Supplement, is amended, and

20  subsection (8) is added to that section, to read:

21         212.055  Discretionary sales surtaxes; legislative

22  intent; authorization and use of proceeds.--It is the

23  legislative intent that any authorization for imposition of a

24  discretionary sales surtax shall be published in the Florida

25  Statutes as a subsection of this section, irrespective of the

26  duration of the levy.  Each enactment shall specify the types

27  of counties authorized to levy; the rate or rates which may be

28  imposed; the maximum length of time the surtax may be imposed,

29  if any; the procedure which must be followed to secure voter

30  approval, if required; the purpose for which the proceeds may

31  be expended; and such other requirements as the Legislature

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  may provide.  Taxable transactions and administrative

 2  procedures shall be as provided in s. 212.054.

 3         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

 4         (d)1.  The proceeds of the surtax authorized by this

 5  subsection and any interest accrued thereto shall be expended

 6  by the school district or within the county and municipalities

 7  within the county, or, in the case of a negotiated joint

 8  county agreement, within another county, to finance, plan, and

 9  construct infrastructure and to acquire land for public

10  recreation or conservation or protection of natural resources

11  and to finance the closure of county-owned or municipally

12  owned solid waste landfills that are already closed or are

13  required to close by order of the Department of Environmental

14  Protection. Any use of such proceeds or interest for purposes

15  of landfill closure prior to July 1, 1993, is ratified.

16  Neither the proceeds nor any interest accrued thereto shall be

17  used for operational expenses of any infrastructure, except

18  that any county with a population of less than 75,000 that is

19  required to close a landfill by order of the Department of

20  Environmental Protection may use the proceeds or any interest

21  accrued thereto for long-term maintenance costs associated

22  with landfill closure. Counties, as defined in s. 125.011(1),

23  and charter counties may, in addition, use the proceeds and

24  any interest accrued thereto to retire or service indebtedness

25  incurred for bonds issued prior to July 1, 1987, for

26  infrastructure purposes, and for bonds subsequently issued to

27  refund such bonds.  Any use of such proceeds or interest for

28  purposes of retiring or servicing indebtedness incurred for

29  such refunding bonds prior to July 1, 1999, is ratified.

30         2.  For the purposes of this paragraph,

31  "infrastructure" means:

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1         a.  Any fixed capital expenditure or fixed capital

 2  outlay associated with the construction, reconstruction, or

 3  improvement of public facilities which have a life expectancy

 4  of 5 or more years and any land acquisition, land improvement,

 5  design, and engineering costs related thereto.

 6         b.  A fire department vehicle, an emergency medical

 7  service vehicle, a sheriff's office vehicle, a police

 8  department vehicle, or any other vehicle, and such equipment

 9  necessary to outfit the vehicle for its official use or

10  equipment that has a life expectancy of at least 5 years.

11         3.  Notwithstanding any other provision of this

12  subsection, a discretionary sales surtax imposed or extended

13  after the effective date of this act may provide for an amount

14  not to exceed 15 percent of the local option sales surtax

15  proceeds to be allocated for deposit to a trust fund within

16  the county's accounts created for the purpose of funding

17  economic development projects of a general public purpose

18  targeted to improve local economies, including the funding of

19  operational costs and incentives related to such economic

20  development. The ballot statement must indicate the intention

21  to make an allocation under the authority of this

22  subparagraph.

23         (8)  MUNICIPAL CAPITAL OUTLAY SURTAX.--

24         (a)  The governing body of any municipality may levy,

25  pursuant to resolution conditioned to take effect only upon

26  approval by a majority vote of the electors of the

27  municipality voting in a referendum, a discretionary sales

28  surtax at a rate that may not exceed 0.5 percent.

29         (b)  The resolution shall include a statement that

30  provides a brief and general description of the capital outlay

31  projects to be funded by the surtax. The statement shall

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  conform to the requirements of s. 101.161 and shall be placed

 2  on the ballot by the governing body of the municipality. The

 3  following question shall be placed on the ballot:

 4

 5        ....FOR THE               ....CENTS TAX

 6        ....AGAINST THE           ....CENTS TAX

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 8         (c)  The resolution providing for the imposition of the

 9  surtax shall set forth a plan for use of the surtax proceeds

10  for fixed capital expenditures or fixed capital costs

11  associated with the construction, reconstruction, or

12  improvement of municipal facilities that have a useful life

13  expectancy of 5 or more years, and any land acquisition, land

14  improvement, design, and engineering costs related thereto.

15  Surtax revenues may be used for the purpose of servicing bond

16  indebtedness to finance projects authorized by this

17  subsection, and any interest accrued thereto may be held in

18  trust to finance such projects. Neither the proceeds of the

19  surtax nor any interest accrued thereto shall be used for

20  operational expenses.

21         (d)  Surtax revenues collected by the Department of

22  Revenue pursuant to this subsection shall be distributed to

23  the municipality imposing the surtax in accordance with law.

24         Section 2.  Subsection (7) of section 212.054, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         212.054  Discretionary sales surtax; limitations,

27  administration, and collection.--

28         (7)(a)  The governing body of any county levying a

29  discretionary sales surtax, or the school board of any county

30  levying the school capital outlay surtax authorized by s.

31  212.055(7), or the governing body of any municipality levying

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  the capital outlay surtax authorized by s. 212.055(8) shall

 2  notify the department within 10 days after final adoption by

 3  ordinance or referendum of an imposition, termination, or rate

 4  change of the surtax, but no later than November 16 prior to

 5  the effective date.  The notice must specify the time period

 6  during which the surtax will be in effect and the rate and

 7  must include a copy of the ordinance and such other

 8  information as the department requires by rule. Failure to

 9  timely provide such notification to the department shall

10  result in the delay of the effective date for a period of 1

11  year.

12         (b)  In addition to the notification required by

13  paragraph (a), the governing body of any county proposing to

14  levy a discretionary sales surtax, or the school board of any

15  county proposing to levy the school capital outlay surtax

16  authorized by s. 212.055(7), or the governing body of any

17  municipality proposing to levy the capital outlay surtax

18  authorized by s. 212.055(8) shall notify the department by

19  October 1 if the referendum or consideration of the ordinance

20  that would result in imposition, termination, or rate change

21  of the surtax is scheduled to occur on or after October 1 of

22  that year.  Failure to timely provide such notification to the

23  department shall result in the delay of the effective date for

24  a period of 1 year.

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26  (Redesignate subsequent sections.)

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28

29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 58, line 7, delete that line

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 17, 2nd Eng.

    Amendment No.    





 1  and insert:

 2         An act relating to local government; amending

 3         s. 212.055, F.S.; revising provisions which

 4         authorize certain counties to use tax proceeds

 5         to retire or service indebtedness for bonds

 6         issued before July 1, 1987, for infrastructure

 7         purposes; including charter counties within

 8         such authorization; authorizing use of interest

 9         accrued on tax proceeds for such purpose;

10         extending such authorization to bonds

11         subsequently issued to refund such bonds;

12         ratifying prior use of tax proceeds and

13         interest for such refunding bonds;  authorizing

14         municipalities to impose a capital outlay

15         surtax; providing for a referendum; amending s.

16         212.054, F.S.; providing for the governing body

17         of a municipality levying the surtax to notify

18         the Department of Revenue;

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