HOUSE AMENDMENT
                                       Bill No. CS/HBs 1617 & 1487
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Sorensen offered the following:
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13         Amendment to Amendment (925427) (with title amendment) 
14         On page 53, between lines 3 and 4, of the amendment
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16  insert:  
17         Section 15.  Subsection (2) and paragraphs (a) and (f)
18  of subsection (3) of section 212.055, Florida Statutes, are
19  amended to read:
20         212.055  Discretionary sales surtaxes; legislative
21  intent; authorization and use of proceeds.--It is the
22  legislative intent that any authorization for imposition of a
23  discretionary sales surtax shall be published in the Florida
24  Statutes as a subsection of this section, irrespective of the
25  duration of the levy.  Each enactment shall specify the types
26  of counties authorized to levy; the rate or rates which may be
27  imposed; the maximum length of time the surtax may be imposed,
28  if any; the procedure which must be followed to secure voter
29  approval, if required; the purpose for which the proceeds may
30  be expended; and such other requirements as the Legislature
31  may provide.  Taxable transactions and administrative
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    File original & 9 copies    04/26/01                          
    hca0002                     11:03 am         01617-0120-031767

HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 procedures shall be as provided in s. 212.054. 2 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 3 (a)1. The governing authority in each county may levy 4 a discretionary sales surtax of 0.5 percent or 1 percent. The 5 levy of the surtax shall be pursuant to ordinance enacted by a 6 majority of the members of the county governing authority and 7 approved by a majority of the electors of the county voting in 8 a referendum on the surtax. If the governing bodies of the 9 municipalities representing a majority of the county's 10 population adopt uniform resolutions establishing the rate of 11 the surtax and calling for a referendum on the surtax, the 12 levy of the surtax shall be placed on the ballot and shall 13 take effect if approved by a majority of the electors of the 14 county voting in the referendum on the surtax. 15 2. If the surtax was levied pursuant to a referendum 16 held before July 1, 1993, the surtax may not be levied beyond 17 the time established in the ordinance, or, if the ordinance 18 did not limit the period of the levy, the surtax may not be 19 levied for more than 15 years. The levy of such surtax may be 20 extended only by approval of a majority of the electors of the 21 county voting in a referendum on the surtax. 22 (b) A statement which includes a brief general 23 description of the projects to be funded by the surtax and 24 which conforms to the requirements of s. 101.161 shall be 25 placed on the ballot by the governing authority of any county 26 which enacts an ordinance calling for a referendum on the levy 27 of the surtax or in which the governing bodies of the 28 municipalities representing a majority of the county's 29 population adopt uniform resolutions calling for a referendum 30 on the surtax. The following question shall be placed on the 31 ballot: 2 File original & 9 copies 04/26/01 hca0002 11:03 am 01617-0120-031767
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 2 ....FOR the ....-cent sales tax 3 ....AGAINST the ....-cent sales tax 4 5 (c) Pursuant to s. 212.054(4), the proceeds of the 6 surtax levied under this subsection shall be distributed to 7 the county and the municipalities within such county in which 8 the surtax was collected, according to: 9 1. An interlocal agreement between the county 10 governing authority and the governing bodies of the 11 municipalities representing a majority of the county's 12 municipal population, which agreement may include a school 13 district with the consent of the county governing authority 14 and the governing bodies of the municipalities representing a 15 majority of the county's municipal population; or 16 2. If there is no interlocal agreement, according to 17 the formula provided in s. 218.62. 18 19 Any change in the distribution formula must take effect on the 20 first day of any month that begins at least 60 days after 21 written notification of that change has been made to the 22 department. 23 (d)1. The proceeds of the surtax authorized by this 24 subsection and any interest accrued thereto shall be expended 25 by the school district or within the county and municipalities 26 within the county, or, in the case of a negotiated joint 27 county agreement, within another county, to finance, plan, and 28 construct infrastructure and to acquire land for public 29 recreation or conservation or protection of natural resources 30 and to finance the closure of county-owned or municipally 31 owned solid waste landfills that are already closed or are 3 File original & 9 copies 04/26/01 hca0002 11:03 am 01617-0120-031767
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 required to close by order of the Department of Environmental 2 Protection. Any use of such proceeds or interest for purposes 3 of landfill closure prior to July 1, 1993, is ratified. 4 Neither the proceeds nor any interest accrued thereto shall be 5 used for operational expenses of any infrastructure, except 6 that any county with a population of less than 75,000 that is 7 required to close a landfill by order of the Department of 8 Environmental Protection may use the proceeds or any interest 9 accrued thereto for long-term maintenance costs associated 10 with landfill closure. Counties, as defined in s. 125.011(1), 11 and charter counties may, in addition, use the proceeds and 12 any interest accrued thereto to retire or service indebtedness 13 incurred for bonds issued prior to July 1, 1987, for 14 infrastructure purposes, and for bonds subsequently issued to 15 refund such bonds. Any use of such proceeds or interest for 16 purposes of retiring or servicing indebtedness incurred for 17 such refunding bonds prior to July 1, 1999, is ratified. 18 2. For the purposes of this paragraph, 19 "infrastructure" means: 20 a. Any fixed capital expenditure or fixed capital 21 outlay associated with the construction, reconstruction, or 22 improvement of public facilities which have a life expectancy 23 of 5 or more years and any land acquisition, land improvement, 24 design, and engineering costs related thereto. 25 b. A fire department vehicle, an emergency medical 26 service vehicle, a sheriff's office vehicle, a police 27 department vehicle, or any other vehicle, and such equipment 28 necessary to outfit the vehicle for its official use or 29 equipment that has a life expectancy of at least 5 years. 30 3. Notwithstanding any other provision of this 31 subsection, a discretionary sales surtax imposed or extended 4 File original & 9 copies 04/26/01 hca0002 11:03 am 01617-0120-031767
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 after the effective date of this act may provide for an amount 2 not to exceed 15 percent of the local option sales surtax 3 proceeds to be allocated for deposit to a trust fund within 4 the county's accounts created for the purpose of funding 5 economic development projects of a general public purpose 6 targeted to improve local economies, including the funding of 7 operational costs and incentives related to such economic 8 development. The ballot statement must indicate the intention 9 to make an allocation under the authority of this 10 subparagraph. 11 (e) School districts, counties, and municipalities 12 receiving proceeds under the provisions of this subsection may 13 pledge such proceeds for the purpose of servicing new bond 14 indebtedness incurred pursuant to law. Local governments may 15 use the services of the Division of Bond Finance of the State 16 Board of Administration pursuant to the State Bond Act to 17 issue any bonds through the provisions of this subsection. In 18 no case may a jurisdiction issue bonds pursuant to this 19 subsection more frequently than once per year. Counties and 20 municipalities may join together for the issuance of bonds 21 authorized by this subsection. 22 (f) Counties and municipalities shall not use the 23 surtax proceeds to supplant or replace user fees or to reduce 24 ad valorem taxes existing prior to the levy of the surtax 25 authorized by this subsection. 26 (g)1. Notwithstanding paragraph (d), a county that has 27 a population of 50,000 or less on April 1, 1992, or any county 28 designated as an area of critical state concern on the 29 effective date of this act, and that imposed the surtax before 30 July 1, 1992, may use the proceeds and interest of the surtax 31 for any public purpose if: 5 File original & 9 copies 04/26/01 hca0002 11:03 am 01617-0120-031767
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 a. The debt service obligations for any year are met; 2 b. The county's comprehensive plan has been determined 3 to be in compliance with part II of chapter 163; and 4 c. The county has adopted an amendment to the surtax 5 ordinance pursuant to the procedure provided in s. 125.66 6 authorizing additional uses of the surtax proceeds and 7 interest. 8 2. A municipality located within a county that has a 9 population of 50,000 or less on April 1, 1992, or within a 10 county designated as an area of critical state concern on the 11 effective date of this act, and that imposed the surtax before 12 July 1, 1992, may not use the proceeds and interest of the 13 surtax for any purpose other than an infrastructure purpose 14 authorized in paragraph (d) unless the municipality's 15 comprehensive plan has been determined to be in compliance 16 with part II of chapter 163 and the municipality has adopted 17 an amendment to its surtax ordinance or resolution pursuant to 18 the procedure provided in s. 166.041 authorizing additional 19 uses of the surtax proceeds and interest. Such municipality 20 may expend the surtax proceeds and interest for any public 21 purpose authorized in the amendment. 22 3. Those counties designated as an area of critical 23 state concern which qualify to use the surtax for any public 24 purpose may use only up to 10 percent of the surtax proceeds 25 for any public purpose other than for infrastructure purposes 26 authorized by this section. 27 (h) Notwithstanding paragraph (d), a county in which 28 40 percent or more of the just value of real property is 29 exempt or immune from ad valorem1 taxation, and the 30 municipalities within such a county, may use the proceeds and 31 interest of the surtax for operation and maintenance of parks 6 File original & 9 copies 04/26/01 hca0002 11:03 am 01617-0120-031767
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 and recreation programs and facilities established with the 2 proceeds of the surtax. 3 (i) Notwithstanding any other provision of this 4 section, a county shall not levy local option sales surtaxes 5 authorized in this subsection and subsections (3), (4), and 6 (5) in excess of a combined rate of 1 percent. However, if the 7 county is levying local option sales surtaxes under this 8 subsection and subsection (3) only, the combined rate shall 9 not exceed 1.5 percent. 10 (3) SMALL COUNTY SURTAX.-- 11 (a) The governing authority in each county that has a 12 population of 50,000 or less on April 1, 1992, may levy a 13 discretionary sales surtax of 0.5 percent or 1 percent. The 14 levy of the surtax shall be pursuant to ordinance enacted by 15 an extraordinary vote of the members of the county governing 16 authority if the surtax revenues are expended for operating 17 purposes. If the surtax revenues are expended for the purpose 18 of servicing bond indebtedness, the surtax shall be approved 19 by a majority of the electors of the county voting in a 20 referendum on the surtax. However, any local government 21 levying the local government infrastructure surtax under 22 subsection (2) at the rate of 1 percent shall not levy the 23 surtax under this subsection at a rate of 0.5 percent, so that 24 the combined rates equal 1.5 percent as authorized by 25 paragraph (2)(i), unless the surtax under this subsection is 26 approved by a majority of the electors of the county voting in 27 a referendum on the surtax. 28 (f) Notwithstanding any other provision of this 29 section, a county shall not levy local option sales surtaxes 30 authorized in this subsection and subsections (2), (4), and 31 (5) in excess of a combined rate of 1 percent, except as 7 File original & 9 copies 04/26/01 hca0002 11:03 am 01617-0120-031767
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 provided in paragraph (2)(i). 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 112, line 15, after "judicial review" of the 7 amendment 8 9 insert: 10 amending s. 212.055, F.S.; increasing the 11 maximum allowable combined rate for the local 12 government infrastructure surtax and small 13 county surtax; requiring referendum approval of 14 the small county surtax at such increased 15 combined rate; 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 04/26/01 hca0002 11:03 am 01617-0120-031767