HB 1465CS

CHAMBER ACTION




1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the local government infrastructure
8surtax; amending s. 212.055, F.S.; limiting use of surtax
9revenues for infrastructure purposes; authorizing a
10portion of surtax revenues to be used for property tax
11reduction under certain circumstances; authorizing use of
12a portion of surtax revenues for operating expenses under
13certain circumstances; providing requirements for levy of
14an ad valorem tax millage for certain purposes under
15certain circumstances; providing limitations; deleting a
16limitation on frequency of bond issues; providing an
17effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Paragraph (d) of subsection (2) of section
22212.055, Florida Statutes, as amended by section 91 of chapter
232003-402, Laws of Florida, and paragraph (e) of said subsection,
24are amended to read:
25     212.055  Discretionary sales surtaxes; legislative intent;
26authorization and use of proceeds.--It is the legislative intent
27that any authorization for imposition of a discretionary sales
28surtax shall be published in the Florida Statutes as a
29subsection of this section, irrespective of the duration of the
30levy. Each enactment shall specify the types of counties
31authorized to levy; the rate or rates which may be imposed; the
32maximum length of time the surtax may be imposed, if any; the
33procedure which must be followed to secure voter approval, if
34required; the purpose for which the proceeds may be expended;
35and such other requirements as the Legislature may provide.
36Taxable transactions and administrative procedures shall be as
37provided in s. 212.054.
38     (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
39     (d)1.a.  At least 50 percent of the proceeds of the surtax
40authorized by this subsection and any interest accrued thereto
41shall be expended by the school district or within the county
42and municipalities within the county, or, in the case of a
43negotiated joint county agreement, within another county, to
44finance, plan, and construct infrastructure and to acquire land
45for public recreation or conservation or protection of natural
46resources and to finance the closure of county-owned or
47municipally owned solid waste landfills that are already closed
48or are required to close by order of the Department of
49Environmental Protection. Any use of such proceeds or interest
50for purposes of landfill closure prior to July 1, 1993, is
51ratified. Neither the proceeds nor any interest accrued thereto
52shall be used for operational expenses of any infrastructure,
53except that Any county with a population of less than 75,000
54that is required to close a landfill by order of the Department
55of Environmental Protection may use the proceeds or any interest
56accrued thereto for long-term maintenance costs associated with
57landfill closure. Counties, as defined in s. 125.011(1), and
58charter counties may, in addition, use the proceeds and any
59interest accrued thereto to retire or service indebtedness
60incurred for bonds issued prior to July 1, 1987, for
61infrastructure purposes, and for bonds subsequently issued to
62refund such bonds. Any use of such proceeds or interest for
63purposes of retiring or servicing indebtedness incurred for such
64refunding bonds prior to July 1, 1999, is ratified.
65     b.2.  For the purposes of this subparagraph paragraph,
66"infrastructure" means:
67     (I)a.  Any fixed capital expenditure or fixed capital
68outlay associated with the construction, reconstruction, or
69improvement of public facilities which have a life expectancy of
705 or more years and any land acquisition, land improvement,
71design, and engineering costs related thereto.
72     (II)b.  A fire department vehicle, an emergency medical
73service vehicle, a sheriff's office vehicle, a police department
74vehicle, or any other vehicle, and such equipment necessary to
75outfit the vehicle for its official use or equipment that has a
76life expectancy of at least 5 years.
77     (III)c.  Any expenditure for the construction, lease, or
78maintenance of, or provision of utilities or security for,
79facilities as defined in s. 29.008.
80     c.3.  Notwithstanding any other provision of this
81subsection, a discretionary sales surtax imposed or extended
82after the effective date of this act may provide for an amount
83not to exceed 15 percent of the local option sales surtax
84proceeds to be allocated for deposit to a trust fund within the
85county's accounts created for the purpose of funding economic
86development projects of a general public purpose targeted to
87improve local economies, including the funding of operational
88costs and incentives related to such economic development. The
89ballot statement must indicate the intention to make an
90allocation under the authority of this sub-subparagraph
91subparagraph.
92     2.  Subject to any obligation to retire or service
93indebtedness incurred by the taxing authority under this
94subsection for bonds issued by the taxing authority prior to
95July 1, 2004, and notwithstanding any other provision of this
96subsection, a taxing authority receiving proceeds of the surtax
97and any interest on such proceeds pursuant to this subsection
98may use up to 35 percent of such proceeds and interest to reduce
99property taxes and may use up to 15 percent of such proceeds and
100interest for operational expenses; however, the percentage used
101for operational expenses may not exceed the percentage used to
102reduce property taxes. In the first year following the year in
103which the taxing authority elects to use such proceeds and
104interest for the reduction of property taxes, the taxing
105authority shall levy a millage rate which, exclusive of new
106construction, additions to structures, deletions, increases in
107the value of improvements that have undergone a substantial
108rehabilitation which increased the assessed value of such
109improvements by at least 100 percent, and property added due to
110geographic boundary changes, will provide ad valorem tax revenue
111which, when added to the proceeds and interest being used for
112property tax reduction, will not exceed the ad valorem tax
113revenue as levied during the prior year.
114     (e)  School districts, counties, and municipalities
115receiving proceeds under the provisions of this subsection may
116pledge such proceeds for the purpose of servicing new bond
117indebtedness incurred pursuant to law. Local governments may use
118the services of the Division of Bond Finance of the State Board
119of Administration pursuant to the State Bond Act to issue any
120bonds through the provisions of this subsection. In no case may
121a jurisdiction issue bonds pursuant to this subsection more
122frequently than once per year. Counties and municipalities may
123join together for the issuance of bonds authorized by this
124subsection.
125     Section 2.  This act shall take effect July 1, 2004.


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