Senate Bill sb1888

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    Florida Senate - 2002                                  SB 1888

    By Senator Klein





    28-656-02

  1                      A bill to be entitled

  2         An act relating to discretionary sales

  3         surtaxes; amending ss. 212.054, 212.055, F.S.;

  4         allowing the largest municipality in a county

  5         having a specified minimum population to enact

  6         a discretionary sales surtax; providing

  7         procedures and limitations upon levying such a

  8         surtax; providing for the administration and

  9         collection of such a surtax; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Section 212.054, Florida Statutes, is

15  amended to read:

16         212.054  Discretionary sales surtax; limitations,

17  administration, and collection.--

18         (1)(a)  No general excise tax on sales shall be levied

19  by the governing body of any county or qualified municipality

20  unless specifically authorized in s. 212.055. Any general

21  excise tax on sales authorized pursuant to said section shall

22  be administered and collected exclusively as provided in this

23  section.

24         (b)  As used in this section, the term "qualified

25  municipality" means the largest municipality in a county that

26  has a population in excess of 1 million persons as provided

27  for in s. 212.055(8).

28         (2)(a)  The tax imposed by the governing body of any

29  county or qualified municipality authorized to so levy

30  pursuant to s. 212.055 shall be a discretionary surtax on all

31  transactions occurring in the county or qualified municipality

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  1  which transactions are subject to the state tax imposed on

  2  sales, use, services, rentals, admissions, and other

  3  transactions by this chapter and communications services as

  4  defined for purposes of chapter 202. The surtax, if levied,

  5  shall be computed as the applicable rate or rates authorized

  6  pursuant to s. 212.055 times the amount of taxable sales and

  7  taxable purchases representing such transactions.  If the

  8  surtax is levied on the sale of an item of tangible personal

  9  property or on the sale of a service, the surtax shall be

10  computed by multiplying the rate imposed by the county or

11  qualified municipality within which the sale occurs by the

12  amount of the taxable sale. The sale of an item of tangible

13  personal property or the sale of a service is not subject to

14  the surtax if the property, the service, or the tangible

15  personal property representing the service is delivered within

16  a county that does not impose a discretionary sales surtax.

17         (b)  However:

18         1.  The sales amount above $5,000 on any item of

19  tangible personal property shall not be subject to the surtax.

20  However, charges for prepaid calling arrangements, as defined

21  in s. 212.05(1)(e)1.a., shall be subject to the surtax. For

22  purposes of administering the $5,000 limitation on an item of

23  tangible personal property, if two or more taxable items of

24  tangible personal property are sold to the same purchaser at

25  the same time and, under generally accepted business practice

26  or industry standards or usage, are normally sold in bulk or

27  are items that, when assembled, comprise a working unit or

28  part of a working unit, such items must be considered a single

29  item for purposes of the $5,000 limitation when supported by a

30  charge ticket, sales slip, invoice, or other tangible evidence

31  of a single sale or rental.

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  1         2.  In the case of utility services billed on or after

  2  the effective date of any such surtax, the entire amount of

  3  the charge for utility services shall be subject to the

  4  surtax. In the case of utility services billed after the last

  5  day the surtax is in effect, the entire amount of the charge

  6  on said items shall not be subject to the surtax. The term

  7  "utility service," as used in this section, does not include

  8  any communications services as defined in chapter 202.

  9         3.  In the case of written contracts that which are

10  signed prior to the effective date of any such surtax for the

11  construction of improvements to real property or for

12  remodeling of existing structures, the surtax shall be paid by

13  the contractor responsible for the performance of the

14  contract.  However, the contractor may apply for one refund of

15  any such surtax paid on materials necessary for the completion

16  of the contract.  Any application for refund shall be made no

17  later than 15 months following initial imposition of the

18  surtax in that county.  The application for refund shall be in

19  the manner prescribed by the department by rule.  A complete

20  application shall include proof of the written contract and of

21  payment of the surtax.  The application shall contain a sworn

22  statement, signed by the applicant or its representative,

23  attesting to the validity of the application.  The department

24  shall, within 30 days after approval of a complete

25  application, certify to the county information necessary for

26  issuance of a refund to the applicant. Each county or

27  qualified municipality may Counties are hereby authorized to

28  issue refunds for this purpose and shall set aside from the

29  proceeds of the surtax a sum sufficient to pay any refund

30  lawfully due.  Any person who fraudulently obtains or attempts

31  to obtain a refund pursuant to this subparagraph, in addition

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  1  to being liable for repayment of any refund fraudulently

  2  obtained plus a mandatory penalty of 100 percent of the

  3  refund, is guilty of a felony of the third degree, punishable

  4  as provided in s. 775.082, s. 775.083, or s. 775.084.

  5         4.  In the case of any vessel, railroad, or motor

  6  vehicle common carrier entitled to partial exemption from tax

  7  imposed under this chapter pursuant to s. 212.08(4), (8), or

  8  (9), the basis for imposition of surtax is shall be the same

  9  as provided in s. 212.08 and the ratio must shall be applied

10  each month to total purchases in this state of property

11  qualified for proration which is delivered or sold in the

12  taxing county or qualified municipality to establish the

13  portion used and consumed in intracounty movement and subject

14  to surtax.

15         (3)  For the purpose of this section, a transaction is

16  considered shall be deemed to have occurred in a county or

17  qualified municipality imposing the surtax when:

18         (a)1.  The sale includes an item of tangible personal

19  property, a service, or tangible personal property

20  representing a service, and the item of tangible personal

21  property, the service, or the tangible personal property

22  representing the service is delivered within the county or

23  qualified municipality.  If there is no reasonable evidence of

24  delivery of a service, the sale of a service is considered to

25  have occurred deemed to occur in the county or qualified

26  municipality in which the purchaser accepts the bill of sale.

27         2.  The sale of any motor vehicle or mobile home of a

28  class or type which is required to be registered in this state

29  or in any other state is considered shall be deemed to have

30  occurred only in the county or qualified municipality

31

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  1  identified as the residence address of the purchaser on the

  2  registration or title document for such property.

  3         (b)  The event for which an admission is charged is

  4  located in the county or qualified municipality.

  5         (c)  The consumer of utility services is located in the

  6  county or qualified municipality.

  7         (d)1.  The user of any aircraft or boat of a class or

  8  type which is required to be registered, licensed, titled, or

  9  documented in this state or by the United States Government

10  imported into the county or qualified municipality for use,

11  consumption, distribution, or storage to be used or consumed

12  in the county or qualified municipality is located in the

13  county or qualified municipality.

14         2.  However, it shall be presumed that such items used

15  outside the county or qualified municipality for 6 months or

16  longer before being imported into the county or qualified

17  municipality were not purchased for use in the county or

18  qualified municipality, except as provided in s. 212.06(8)(b).

19         3.  This paragraph does not apply to the use or

20  consumption of items upon which a like tax of equal or greater

21  amount has been lawfully imposed and paid outside the county

22  or qualified municipality.

23         (e)  The purchaser of any motor vehicle or mobile home

24  of a class or type which is required to be registered in this

25  state is a resident of the taxing county or qualified

26  municipality as determined by the address appearing on or to

27  be reflected on the registration document for such property.

28         (f)1.  Any motor vehicle or mobile home of a class or

29  type which is required to be registered in this state is

30  imported from another state into the taxing county or

31  qualified municipality by a user residing therein for the

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  1  purpose of use, consumption, distribution, or storage in the

  2  taxing county or qualified municipality.

  3         2.  However, it shall be presumed that such items used

  4  outside the taxing county or qualified municipality for 6

  5  months or longer before being imported into the county or

  6  qualified municipality were not purchased for use in the

  7  county or qualified municipality.

  8         (g)  The real property which is leased or rented is

  9  located in the county or qualified municipality.

10         (h)  The transient rental transaction occurs in the

11  county or qualified municipality.

12         (i)  The delivery of any aircraft or boat of a class or

13  type which is required to be registered, licensed, titled, or

14  documented in this state or by the United States Government is

15  to a location in the county or qualified municipality.

16  However, this paragraph does not apply to the use or

17  consumption of items upon which a like tax of equal or greater

18  amount has been lawfully imposed and paid outside the county.

19         (j)  The dealer owing a use tax on purchases or leases

20  is located in the county or qualified municipality.

21         (k)  The delivery of tangible personal property other

22  than that described in paragraph (d), paragraph (e), or

23  paragraph (f) is made to a location outside the county or

24  qualified municipality, but the property is brought into the

25  county or qualified municipality within 6 months after

26  delivery, in which event, the owner must pay the surtax as a

27  use tax.

28         (l)  The coin-operated amusement or vending machine is

29  located in the county or qualified municipality.

30         (m)  The florist taking the original order to sell

31  tangible personal property is located in the county or

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  1  qualified municipality, notwithstanding any other provision of

  2  this section.

  3         (4)(a)  The department shall administer, collect, and

  4  enforce the tax authorized under s. 212.055 pursuant to the

  5  same procedures used in the administration, collection, and

  6  enforcement of the general state sales tax imposed under the

  7  provisions of this chapter, except as provided in this

  8  section.  The provisions of this chapter regarding interest

  9  and penalties on delinquent taxes shall apply to the surtax.

10  Discretionary sales surtaxes shall not be included in the

11  computation of estimated taxes pursuant to s. 212.11.

12  Notwithstanding any other provision of law, a dealer need not

13  separately state the amount of the surtax on the charge

14  ticket, sales slip, invoice, or other tangible evidence of

15  sale.  For the purposes of this section and s. 212.055, the

16  "proceeds" of any surtax means all funds collected and

17  received by the department pursuant to a specific

18  authorization and levy under s. 212.055, including any

19  interest and penalties on delinquent surtaxes.

20         (b)  The proceeds of a discretionary sales surtax

21  collected by the selling dealer located in a county or

22  qualified municipality which imposes the surtax shall be

23  returned, less the cost of administration, to the county or

24  qualified municipality where the selling dealer is located.

25  The proceeds shall be transferred to the Discretionary Sales

26  Surtax Clearing Trust Fund. A separate account shall be

27  established in such trust fund for each county or qualified

28  municipality imposing a discretionary surtax.  The amount

29  deducted for the costs of administration shall not exceed 3

30  percent of the total revenue generated for all counties or

31  qualified municipalities levying a surtax authorized in s.

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  1  212.055.  The amount deducted for the costs of administration

  2  shall be used only for those costs which are solely and

  3  directly attributable to the surtax.  The total cost of

  4  administration shall be prorated among those counties and

  5  qualified municipalities levying the surtax on the basis of

  6  the amount collected for a particular county or qualified

  7  municipality to the total amount collected for all counties

  8  and qualified municipalities.  No later than March 1 of each

  9  year, the department shall submit a written report that which

10  details the expenses and amounts deducted for the costs of

11  administration to the President of the Senate, the Speaker of

12  the House of Representatives, and the governing authority of

13  each county or qualified municipality levying a surtax.  The

14  department shall distribute the moneys in the trust fund each

15  month to the appropriate counties and qualified

16  municipalities, unless otherwise provided in s. 212.055.

17         (c)1.  Any dealer located in a county or qualified

18  municipality that does not impose a discretionary sales surtax

19  but who collects the surtax due to sales of tangible personal

20  property or services delivered outside the county or qualified

21  municipality shall remit monthly the proceeds of the surtax to

22  the department to be deposited into an account in the

23  Discretionary Sales Surtax Clearing Trust Fund which is

24  separate from the county or qualified municipality surtax

25  collection accounts.  The department shall distribute funds in

26  this account using a distribution factor determined for each

27  county or qualified municipality that levies a surtax and

28  multiplied by the amount of funds in the account and available

29  for distribution.  The distribution factor for each county or

30  qualified municipality equals the product of:

31

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  1         a.  The county's or qualified municipality's latest

  2  official population determined pursuant to s. 186.901;

  3         b.  The county's or qualified municipality's rate of

  4  surtax; and

  5         c.  The number of months the county or qualified

  6  municipality has levied a surtax during the most recent

  7  distribution period;

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  9  divided by the sum of all such products of the counties or

10  qualified municipalities levying the surtax during the most

11  recent distribution period.

12         2.  The department shall compute distribution factors

13  for eligible counties or qualified municipalities once each

14  quarter and make appropriate quarterly distributions.

15         3.  A county or qualified municipality that fails to

16  timely provide the information required by this section to the

17  department authorizes the department, by such action, to use

18  the best information available to it in distributing surtax

19  revenues to the county or qualified municipality.  If this

20  information is unavailable to the department, the department

21  may partially or entirely disqualify the county or qualified

22  municipality from receiving surtax revenues under this

23  paragraph.  A county or qualified municipality that fails to

24  provide timely information waives its right to challenge the

25  department's determination of the county's or qualified

26  municipality's share, if any, of revenues provided under this

27  paragraph.

28         (5)  No discretionary sales surtax or increase or

29  decrease in the rate of any discretionary sales surtax shall

30  take effect on a date other than January 1.  No discretionary

31  sales surtax shall terminate on a day other than December 31.

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  1         (6)  The governing body of any county levying a

  2  discretionary sales surtax shall enact an ordinance levying

  3  the surtax in accordance with the procedures described in s.

  4  125.66(2). The governing body of any qualified municipality

  5  levying a discretionary sales surtax shall enact an ordinance

  6  levying the surtax in accordance with the procedures described

  7  in s. 166.041.

  8         (7)(a)  The governing body of any county or qualified

  9  municipality levying a discretionary sales surtax or the

10  school board of any county levying the school capital outlay

11  surtax authorized by s. 212.055(6) shall notify the department

12  within 10 days after final adoption by ordinance or referendum

13  of an imposition, termination, or rate change of the surtax,

14  but no later than November 16 prior to the effective date.

15  The notice must specify the time period during which the

16  surtax will be in effect and the rate and must include a copy

17  of the ordinance and such other information as the department

18  requires by rule. Failure to timely provide such notification

19  to the department shall result in the delay of the effective

20  date for a period of 1 year.

21         (b)  In addition to the notification required by

22  paragraph (a), the governing body of any county or qualified

23  municipality proposing to levy a discretionary sales surtax or

24  the school board of any county proposing to levy the school

25  capital outlay surtax authorized by s. 212.055(6) shall notify

26  the department by October 1 if the referendum or consideration

27  of the ordinance that would result in imposition, termination,

28  or rate change of the surtax is scheduled to occur on or after

29  October 1 of that year.  Failure to timely provide such

30  notification to the department shall result in the delay of

31  the effective date for a period of 1 year.

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  1         (8)  With respect to any motor vehicle or mobile home

  2  of a class or type which is required to be registered in this

  3  state, the tax due on a transaction occurring in the taxing

  4  county or qualified municipality as herein provided shall be

  5  collected from the purchaser or user incident to the titling

  6  and registration of such property, irrespective of whether

  7  such titling or registration occurs in the taxing county.

  8         Section 2.  Subsection (8) is added to section 212.055,

  9  Florida Statutes, to read:

10         212.055  Discretionary sales surtaxes; legislative

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

12  legislative intent that any authorization for imposition of a

13  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

20  be expended; and such other requirements as the Legislature

21  may provide.  Taxable transactions and administrative

22  procedures shall be as provided in s. 212.054.

23         (8)  INFRASTRUCTURE SURTAX IN LARGEST MUNICIPALITY OF

24  SPECIFIED COUNTIES.--

25         (a)  The governing body of the largest municipality in

26  any county that has a population in excess of 1 million

27  persons may levy a discretionary sales surtax of up to 0.5

28  percent. The surtax must be levied pursuant to an ordinance

29  calling for a referendum on the levy of the surtax, which

30  ordinance must be enacted by a majority of the members of the

31  governing body and approved by a majority of the electors of

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  1  the municipality voting in a referendum on the surtax. The

  2  surtax may not be levied for more than 15 years. The length of

  3  time for which the surtax remains in effect may be extended

  4  only by approval of a majority of the electors of the

  5  municipality.

  6         (b)  As used in this paragraph, the term "largest"

  7  means the most populous according to the latest U.S. Bureau of

  8  the Census data, as updated annually in accordance with s.

  9  186.901. The determination as to whether a county has a

10  population in excess of 1 million persons must be based upon

11  the latest U.S. Bureau of the Census data, as updated annually

12  in accordance with s. 186.901. The county population and the

13  identity of the largest municipality in the county must be

14  established as of the date on which the municipality enacts

15  the enabling ordinance under paragraph (a).

16         (c)  A statement that includes a brief general

17  description of the projects to be funded by the surtax and

18  that conforms to the requirements of s. 101.161 must be placed

19  on the ballot by the governing body of any municipality that

20  enacts an ordinance under paragraph (a). The following

21  question must be placed on the ballot:

22

23        ....FOR the               ....-cent sales tax

24        ....AGAINST the           ....-cent sales tax

25

26         (d)  Pursuant to s. 212.054(4), the proceeds of the

27  surtax levied under this subsection must be distributed to the

28  municipality in which the surtax was collected.

29         (e)1.  The municipality shall spend the proceeds of the

30  surtax authorized by this subsection and any interest accrued

31  thereto to finance, plan, and construct infrastructure and to

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  1  acquire land for public recreation or conservation or

  2  protection of natural resources and may use the proceeds and

  3  interest as collateral pledged or hypothecated for bonds or

  4  other indebtedness issued to finance or refinance such

  5  projects.

  6         2.  As used in this paragraph, the term

  7  "infrastructure" means:

  8         a.  Any fixed capital expenditure or fixed capital

  9  outlay associated with the construction, reconstruction, or

10  improvement of public facilities that have a life expectancy

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

12  design, and engineering costs related thereto; however, for

13  the purposes of this paragraph, a sports stadium or arena does

14  not constitute infrastructure.

15         b.  A fire department vehicle, an emergency medical

16  service vehicle, a police department vehicle, or any other

17  vehicle, and the equipment necessary to outfit the vehicle for

18  its official use or equipment that has a life expectancy of at

19  least 5 years.

20         3.  Notwithstanding any other provision of this

21  subsection, a discretionary sales surtax imposed under this

22  subsection may provide for an amount not to exceed 15 percent

23  of the proceeds of the local option sales surtax to be

24  allocated for deposit to a trust fund within the

25  municipality's accounts which has been created for the purpose

26  of funding economic development projects of a general public

27  purpose targeted to improve the local economy, including the

28  funding of operational costs and incentives related to such

29  economic development. The ballot statement must indicate the

30  intent to make an allocation under the authority of this

31  subparagraph.

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  1         Section 3.  This act shall take effect upon becoming a

  2  law.

  3

  4            *****************************************

  5                          SENATE SUMMARY

  6    Allows the largest municipality in each county having a
      population of at least 1 million persons to enact a
  7    discretionary sales surtax. Provides procedures and
      limitations and provides for administering and collecting
  8    such a surtax.

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