Florida Senate - 2015                                     SB 668
       
       
        
       By Senator Latvala
       
       
       
       
       
       20-00566-15                                            2015668__
    1                        A bill to be entitled                      
    2         An act relating to the emergency fire rescue services
    3         and facilities surtax; amending s. 212.055, F.S.;
    4         revising the distribution of surtax proceeds; deleting
    5         a provision requiring the county governing authority
    6         to develop and execute interlocal agreements with
    7         local government entities providing emergency fire and
    8         rescue services; requiring a local government entity
    9         requesting and receiving certain personnel or
   10         equipment from another service provider to pay for
   11         such personnel or equipment from its share of surtax
   12         proceeds; deleting a requirement that surtaxes
   13         collected in excess of projected collections be
   14         applied as a rebate to the final millage; deleting a
   15         provision requiring local government entities to enter
   16         into an interlocal agreement in order to receive
   17         surtax proceeds; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraphs (b) through (j) of subsection (8) of
   22  section 212.055, Florida Statutes, are amended to read:
   23         212.055 Discretionary sales surtaxes; legislative intent;
   24  authorization and use of proceeds.—It is the legislative intent
   25  that any authorization for imposition of a discretionary sales
   26  surtax shall be published in the Florida Statutes as a
   27  subsection of this section, irrespective of the duration of the
   28  levy. Each enactment shall specify the types of counties
   29  authorized to levy; the rate or rates which may be imposed; the
   30  maximum length of time the surtax may be imposed, if any; the
   31  procedure which must be followed to secure voter approval, if
   32  required; the purpose for which the proceeds may be expended;
   33  and such other requirements as the Legislature may provide.
   34  Taxable transactions and administrative procedures shall be as
   35  provided in s. 212.054.
   36         (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—
   37         (b) Upon the adoption of the ordinance, the levy of the
   38  surtax must be placed on the ballot by the governing authority
   39  of the county enacting the ordinance. The ordinance will take
   40  effect if approved by a majority of the electors of the county
   41  voting in a referendum held for such purpose. The referendum
   42  shall be placed on the ballot of a regularly scheduled election.
   43  The ballot for the referendum must conform to the requirements
   44  of s. 101.161. The interlocal agreement required under paragraph
   45  (d) is a condition precedent to holding the referendum.
   46         (c) Pursuant to s. 212.054(4), the proceeds of the
   47  discretionary sales surtax collected under this subsection, less
   48  an administrative fee that may be retained by the Department of
   49  Revenue, shall be distributed by the department to the county.
   50  The county shall distribute the proceeds it receives from the
   51  department to each local government entity providing emergency
   52  fire rescue services in the county. The surtax proceeds, less an
   53  administrative fee not to exceed 2 percent of the surtax
   54  collected, shall be distributed by the county based on the
   55  proportion of each entity’s average annual expenditures of ad
   56  valorem taxes and non-ad valorem assessments for fire control
   57  and emergency fire rescue services in the preceding 5 fiscal
   58  years to the average annual total of the expenditures for all
   59  entities receiving such proceeds in the preceding 5 fiscal years
   60  the participating jurisdictions that have entered into an
   61  interlocal agreement with the county under this subsection. The
   62  county may also charge an administrative fee for receiving and
   63  distributing the surtax in the amount of the actual costs
   64  incurred, not to exceed 2 percent of the surtax collected.
   65         (d) If a local government entity requests The county
   66  governing authority must develop and execute an interlocal
   67  agreement with participating jurisdictions, which are the
   68  governing bodies of municipalities, dependent special districts,
   69  independent special districts, or municipal service taxing units
   70  that provide emergency fire and rescue services within the
   71  county. The interlocal agreement must include a majority of the
   72  service providers in the county.
   73         1. The interlocal agreement shall only specify that:
   74         a. The amount of the surtax proceeds to be distributed by
   75  the county to each participating jurisdiction is based on the
   76  actual amounts collected within each participating jurisdiction
   77  as determined by the Department of Revenue’s population
   78  allocations in accordance with s. 218.62; or
   79         b. If a county has special fire control districts and
   80  rescue districts within its boundary, the county shall
   81  distribute the surtax proceeds among the county and the
   82  participating municipalities or special fire control and rescue
   83  districts based on the proportion of each entity’s expenditures
   84  of ad valorem taxes and non-ad valorem assessments for fire
   85  control and emergency rescue services in each of the immediately
   86  preceding 5 fiscal years to the total of the expenditures for
   87  all participating entities.
   88         2. Each participating jurisdiction shall agree that if a
   89  participating jurisdiction is requested to provide personnel or
   90  equipment from to any other service provider, on a long-term
   91  basis and the personnel or equipment is provided pursuant to an
   92  interlocal agreement, the local government entity jurisdiction
   93  providing the service is entitled to payment from the requesting
   94  service provider from that provider’s share of the surtax
   95  proceeds for all costs of the equipment or personnel.
   96         (e) Upon the surtax taking effect and initiation of
   97  collections, each local government entity receiving a share of
   98  surtax proceeds a county and any participating jurisdiction
   99  entering into the interlocal agreement shall reduce the ad
  100  valorem tax levy or any non-ad valorem assessment for fire
  101  control and emergency rescue services in its next and subsequent
  102  budgets by the estimated amount of revenue provided by the
  103  surtax.
  104         (f) Use of surtax proceeds authorized under this subsection
  105  does not relieve a local government from complying with the
  106  provisions of chapter 200 and any related provision of law that
  107  establishes millage caps or limits undesignated budget reserves
  108  and procedures for establishing rollback rates for ad valorem
  109  taxes and budget adoption. If surtax collections exceed
  110  projected collections in any fiscal year, any surplus
  111  distribution shall be used to further reduce ad valorem taxes in
  112  the next fiscal year. These proceeds shall be applied as a
  113  rebate to the final millage, after the TRIM notice is completed
  114  in accordance with this provision.
  115         (g) Municipalities, special fire control and rescue
  116  districts, and contract service providers that do not enter into
  117  an interlocal agreement are not entitled to receive a portion of
  118  the proceeds of the surtax collected under this subsection and
  119  are not required to reduce ad valorem taxes or non-ad valorem
  120  assessments pursuant to paragraph (e).
  121         (h) The provisions of sub-subparagraph (d)1.a. and
  122  subparagraph (d)2. do not apply if:
  123         1. There is an interlocal agreement with the county and one
  124  or more participating jurisdictions which prohibits one or more
  125  jurisdictions from providing the same level of service for
  126  prehospital emergency medical treatment within the prohibited
  127  participating jurisdictions’ boundaries; or
  128         2. The county has issued a certificate of public
  129  convenience and necessity or its equivalent to a county
  130  department or a dependent special district of the county.
  131         (g)(i) Surtax collections shall be initiated on January 1
  132  of the year following a successful referendum in order to
  133  coincide with s. 212.054(5).
  134         (h)(j) Notwithstanding s. 212.054, if a multicounty
  135  independent special district created pursuant to chapter 67-764,
  136  Laws of Florida, levies ad valorem taxes on district property to
  137  fund emergency fire rescue services within the district and is
  138  required by s. 2, Art. VII of the State Constitution to maintain
  139  a uniform ad valorem tax rate throughout the district, the
  140  county may not levy the discretionary sales surtax authorized by
  141  this subsection within the boundaries of the district.
  142         Section 2. This act shall take effect July 1, 2015.