HB 0909CS

CHAMBER ACTION




1The Committee on Finance & Tax recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to discretionary sales surtaxes; amending
7s. 212.055, F.S.; clarifying provisions specifying uses of
8proceeds of the charter county transit system surtax;
9revising an eligibility criterion for county and municipal
10use of local government infrastructure surtax proceeds for
11operation and maintenance of parks and recreation programs
12and facilities; providing limitations; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraph (d) of subsection (1) and paragraph
18(g) of subsection (2) of section 212.055, Florida Statutes, are
19amended to read:
20     212.055  Discretionary sales surtaxes; legislative intent;
21authorization and use of proceeds.--It is the legislative intent
22that any authorization for imposition of a discretionary sales
23surtax shall be published in the Florida Statutes as a
24subsection of this section, irrespective of the duration of the
25levy. Each enactment shall specify the types of counties
26authorized to levy; the rate or rates which may be imposed; the
27maximum length of time the surtax may be imposed, if any; the
28procedure which must be followed to secure voter approval, if
29required; the purpose for which the proceeds may be expended;
30and such other requirements as the Legislature may provide.
31Taxable transactions and administrative procedures shall be as
32provided in s. 212.054.
33     (1)  CHARTER COUNTY TRANSIT SYSTEM SURTAX.--
34     (d)  Proceeds from the surtax shall be applied to as many
35or as few of the uses enumerated below in whatever combination
36the county commission deems appropriate:
37     1.  Deposited by the county in the trust fund and shall be
38used for the purposes of development, construction, equipment,
39maintenance, operation, supportive services, including a
40countywide bus system, and related costs of a fixed guideway
41rapid transit system;
42     2.  Remitted by the governing body of the county to an
43expressway or transportation authority created by law to be
44used, at the discretion of such authority, for the development,
45construction, operation, or maintenance of roads or bridges in
46the county, for the operation and maintenance of a bus system,
47for the payment of principal and interest on existing bonds
48issued for the construction of such roads or bridges, and, upon
49approval by the county commission, such proceeds may be pledged
50for bonds issued to refinance existing bonds or new bonds issued
51for the construction of such roads or bridges;
52     3.  For each county, as defined in s. 125.011(1), Used by
53the charter county for the development, construction, operation,
54and maintenance of roads and bridges in the county; for the
55expansion, operation, and maintenance of bus and fixed guideway
56systems; and for the payment of principal and interest on bonds
57issued for the construction of fixed guideway rapid transit
58systems, bus systems, roads, or bridges; and such proceeds may
59be pledged by the governing body of the county for bonds issued
60to refinance existing bonds or new bonds issued for the
61construction of such fixed guideway rapid transit systems, bus
62systems, roads, or bridges and no more than 25 percent used for
63nontransit uses; and
64     4.  Used by the charter county for the planning,
65development, construction, operation, and maintenance of roads
66and bridges in the county; for the planning, development,
67expansion, operation, and maintenance of bus and fixed guideway
68systems; and for the payment of principal and interest on bonds
69issued for the construction of fixed guideway rapid transit
70systems, bus systems, roads, or bridges; and such proceeds may
71be pledged by the governing body of the county for bonds issued
72to refinance existing bonds or new bonds issued for the
73construction of such fixed guideway rapid transit systems, bus
74systems, roads, or bridges. Pursuant to an interlocal agreement
75entered into pursuant to chapter 163, the governing body of the
76charter county may distribute proceeds from the tax to a
77municipality, or an expressway or transportation authority
78created by law to be expended for the purpose authorized by this
79paragraph.
80     (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
81     (g)  Notwithstanding paragraph (d), a county having a
82population greater than 75,000 in which the taxable value of
83real property is less than 60 40 percent or more of the just
84value of real property for is exempt or immune from ad valorem
85tax purposes for the tax year in which an infrastructure surtax
86referendum is placed before the voters taxation, and the
87municipalities within such a county, may use the proceeds and
88interest of the surtax for operation and maintenance of parks
89and recreation programs and facilities established with the
90proceeds of the surtax throughout the duration of the surtax
91levy or while interest earnings accruing from the proceeds of
92the surtax are available for such use, whichever period is
93longer.
94     Section 2.  This act shall take effect upon becoming a law.


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