Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1100
       
       
       
       
       
       
                                Ì429176CÎ429176                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/16/2016           .                                
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       The Committee on Community Affairs (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (1), paragraph (a)
    6  of subsection (2), paragraph (a) of subsection (3), subsections
    7  (4) and (5), paragraph (a) of subsection (6), paragraph (a) of
    8  subsection (7), and paragraph (b) of subsection (8) of section
    9  212.055, Florida Statutes, are amended, and subsection (9) is
   10  added to that section, to read:
   11         212.055 Discretionary sales surtaxes; legislative intent;
   12  authorization and use of proceeds.—It is the legislative intent
   13  that any authorization for imposition of a discretionary sales
   14  surtax shall be published in the Florida Statutes as a
   15  subsection of this section, irrespective of the duration of the
   16  levy. Each enactment shall specify the types of counties
   17  authorized to levy; the rate or rates which may be imposed; the
   18  maximum length of time the surtax may be imposed, if any; the
   19  procedure which must be followed to secure voter approval, if
   20  required; the purpose for which the proceeds may be expended;
   21  and such other requirements as the Legislature may provide.
   22  Taxable transactions and administrative procedures shall be as
   23  provided in s. 212.054.
   24         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
   25  SURTAX.—
   26         (c) The proposal to adopt a discretionary sales surtax as
   27  provided in this subsection and to create a trust fund within
   28  the county accounts shall be placed on the ballot in accordance
   29  with law and must be approved in a referendum as set forth in
   30  subsection (9) at a time to be set at the discretion of the
   31  governing body.
   32         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
   33         (a)1. The governing authority in each county may levy a
   34  discretionary sales surtax of 0.5 percent or 1 percent. The levy
   35  of the surtax shall be pursuant to ordinance enacted by a
   36  majority of the members of the county governing authority and
   37  approved by a majority of the electors of the county, as set
   38  forth in subsection (9), voting in a referendum on the surtax.
   39  If the governing bodies of the municipalities representing a
   40  majority of the county’s population adopt uniform resolutions
   41  establishing the rate of the surtax and calling for a referendum
   42  on the surtax, the levy of the surtax shall be placed on the
   43  ballot and shall take effect if approved by a majority of the
   44  electors of the county, as set forth in subsection (9), voting
   45  in the referendum on the surtax.
   46         2. If the surtax was levied pursuant to a referendum held
   47  before July 1, 1993, the surtax may not be levied beyond the
   48  time established in the ordinance, or, if the ordinance did not
   49  limit the period of the levy, the surtax may not be levied for
   50  more than 15 years. The levy of such surtax may be extended only
   51  by approval of a majority of the electors of the county, as set
   52  forth in subsection (9), voting in a referendum on the surtax.
   53         (3) SMALL COUNTY SURTAX.—
   54         (a) The governing authority in each county that has a
   55  population of 50,000 or fewer less on April 1, 1992, may levy a
   56  discretionary sales surtax of 0.5 percent or 1 percent. The levy
   57  of the surtax shall be pursuant to ordinance enacted by an
   58  extraordinary vote of the members of the county governing
   59  authority if the surtax revenues are expended for operating
   60  purposes. If the surtax revenues are expended for the purpose of
   61  servicing bond indebtedness, the surtax shall be approved by a
   62  majority of the electors of the county, as set forth in
   63  subsection (9), voting in a referendum on the surtax.
   64         (4) INDIGENT CARE AND TRAUMA CENTER SURTAX.—
   65         (a)1. The governing body in each county the government of
   66  which is not consolidated with that of one or more
   67  municipalities, which has a population of at least 800,000
   68  residents and is not authorized to levy a surtax under
   69  subsection (5), may levy, pursuant to an ordinance either
   70  approved by an extraordinary vote of the governing body or
   71  conditioned to take effect only upon approval by a majority vote
   72  of the electors of the county, as set forth in subsection (9),
   73  voting in a referendum, a discretionary sales surtax at a rate
   74  that may not exceed 0.5 percent.
   75         2. If the ordinance is conditioned on a referendum, a
   76  statement that includes a brief and general description of the
   77  purposes to be funded by the surtax and that conforms to the
   78  requirements of s. 101.161 shall be placed on the ballot by the
   79  governing body of the county. The following questions shall be
   80  placed on the ballot:
   81                       FOR THE. . . .CENTS TAX                     
   82                     AGAINST THE. . . .CENTS TAX                   
   83         3. The ordinance adopted by the governing body providing
   84  for the imposition of the surtax shall set forth a plan for
   85  providing health care services to qualified residents, as
   86  defined in subparagraph 4. Such plan and subsequent amendments
   87  to it shall fund a broad range of health care services for both
   88  indigent persons and the medically poor, including, but not
   89  limited to, primary care and preventive care as well as hospital
   90  care. The plan must also address the services to be provided by
   91  the Level I trauma center. It shall emphasize a continuity of
   92  care in the most cost-effective setting, taking into
   93  consideration both a high quality of care and geographic access.
   94  Where consistent with these objectives, it shall include,
   95  without limitation, services rendered by physicians, clinics,
   96  community hospitals, mental health centers, and alternative
   97  delivery sites, as well as at least one regional referral
   98  hospital where appropriate. It shall provide that agreements
   99  negotiated between the county and providers, including hospitals
  100  with a Level I trauma center, will include reimbursement
  101  methodologies that take into account the cost of services
  102  rendered to eligible patients, recognize hospitals that render a
  103  disproportionate share of indigent care, provide other
  104  incentives to promote the delivery of charity care, promote the
  105  advancement of technology in medical services, recognize the
  106  level of responsiveness to medical needs in trauma cases, and
  107  require cost containment including, but not limited to, case
  108  management. It must also provide that any hospitals that are
  109  owned and operated by government entities on May 21, 1991, must,
  110  as a condition of receiving funds under this subsection, afford
  111  public access equal to that provided under s. 286.011 as to
  112  meetings of the governing board, the subject of which is
  113  budgeting resources for the rendition of charity care as that
  114  term is defined in the Florida Hospital Uniform Reporting System
  115  (FHURS) manual referenced in s. 408.07. The plan shall also
  116  include innovative health care programs that provide cost
  117  effective alternatives to traditional methods of service
  118  delivery and funding.
  119         4. For the purpose of this paragraph, the term “qualified
  120  resident” means residents of the authorizing county who are:
  121         a. Qualified as indigent persons as certified by the
  122  authorizing county;
  123         b. Certified by the authorizing county as meeting the
  124  definition of the medically poor, defined as persons having
  125  insufficient income, resources, and assets to provide the needed
  126  medical care without using resources required to meet basic
  127  needs for shelter, food, clothing, and personal expenses; or not
  128  being eligible for any other state or federal program, or having
  129  medical needs that are not covered by any such program; or
  130  having insufficient third-party insurance coverage. In all
  131  cases, the authorizing county is intended to serve as the payor
  132  of last resort; or
  133         c. Participating in innovative, cost-effective programs
  134  approved by the authorizing county.
  135         5. Moneys collected pursuant to this paragraph remain the
  136  property of the state and shall be distributed by the Department
  137  of Revenue on a regular and periodic basis to the clerk of the
  138  circuit court as ex officio custodian of the funds of the
  139  authorizing county. The clerk of the circuit court shall:
  140         a. Maintain the moneys in an indigent health care trust
  141  fund;
  142         b. Invest any funds held on deposit in the trust fund
  143  pursuant to general law;
  144         c. Disburse the funds, including any interest earned, to
  145  any provider of health care services, as provided in
  146  subparagraphs 3. and 4., upon directive from the authorizing
  147  county. However, if a county has a population of at least
  148  800,000 residents and has levied the surtax authorized in this
  149  paragraph, notwithstanding any directive from the authorizing
  150  county, on October 1 of each calendar year, the clerk of the
  151  court shall issue a check in the amount of $6.5 million to a
  152  hospital in its jurisdiction that has a Level I trauma center or
  153  shall issue a check in the amount of $3.5 million to a hospital
  154  in its jurisdiction that has a Level I trauma center if that
  155  county enacts and implements a hospital lien law in accordance
  156  with chapter 98-499, Laws of Florida. The issuance of the checks
  157  on October 1 of each year is provided in recognition of the
  158  Level I trauma center status and shall be in addition to the
  159  base contract amount received during fiscal year 1999-2000 and
  160  any additional amount negotiated to the base contract. If the
  161  hospital receiving funds for its Level I trauma center status
  162  requests such funds to be used to generate federal matching
  163  funds under Medicaid, the clerk of the court shall instead issue
  164  a check to the Agency for Health Care Administration to
  165  accomplish that purpose to the extent that it is allowed through
  166  the General Appropriations Act; and
  167         d. Prepare on a biennial basis an audit of the trust fund
  168  specified in sub-subparagraph a. Commencing February 1, 2004,
  169  such audit shall be delivered to the governing body and to the
  170  chair of the legislative delegation of each authorizing county.
  171         6. Notwithstanding any other provision of this section, a
  172  county shall not levy local option sales surtaxes authorized in
  173  this paragraph and subsections (2) and (3) in excess of a
  174  combined rate of 1 percent.
  175         (b) Notwithstanding any other provision of this section,
  176  the governing body in each county the government of which is not
  177  consolidated with that of one or more municipalities and which
  178  has a population of fewer less than 800,000 residents, may levy,
  179  by ordinance subject to approval by a majority of the electors
  180  of the county, as set forth in subsection (9), voting in a
  181  referendum, a discretionary sales surtax at a rate that may not
  182  exceed 0.25 percent for the sole purpose of funding trauma
  183  services provided by a trauma center licensed pursuant to
  184  chapter 395.
  185         1. A statement that includes a brief and general
  186  description of the purposes to be funded by the surtax and that
  187  conforms to the requirements of s. 101.161 shall be placed on
  188  the ballot by the governing body of the county. The following
  189  shall be placed on the ballot:
  190                       FOR THE. . . .CENTS TAX                     
  191                     AGAINST THE. . . .CENTS TAX                   
  192         2. The ordinance adopted by the governing body of the
  193  county providing for the imposition of the surtax shall set
  194  forth a plan for providing trauma services to trauma victims
  195  presenting in the trauma service area in which such county is
  196  located.
  197         3. Moneys collected pursuant to this paragraph remain the
  198  property of the state and shall be distributed by the Department
  199  of Revenue on a regular and periodic basis to the clerk of the
  200  circuit court as ex officio custodian of the funds of the
  201  authorizing county. The clerk of the circuit court shall:
  202         a. Maintain the moneys in a trauma services trust fund.
  203         b. Invest any funds held on deposit in the trust fund
  204  pursuant to general law.
  205         c. Disburse the funds, including any interest earned on
  206  such funds, to the trauma center in its trauma service area, as
  207  provided in the plan set forth pursuant to subparagraph 2., upon
  208  directive from the authorizing county. If the trauma center
  209  receiving funds requests such funds be used to generate federal
  210  matching funds under Medicaid, the custodian of the funds shall
  211  instead issue a check to the Agency for Health Care
  212  Administration to accomplish that purpose to the extent that the
  213  agency is allowed through the General Appropriations Act.
  214         d. Prepare on a biennial basis an audit of the trauma
  215  services trust fund specified in sub-subparagraph a., to be
  216  delivered to the authorizing county.
  217         4. A discretionary sales surtax imposed pursuant to this
  218  paragraph shall expire 4 years after the effective date of the
  219  surtax, unless reenacted by ordinance subject to approval by a
  220  majority of the electors of the county, as set forth in
  221  subsection (9), voting in a subsequent referendum.
  222         5. Notwithstanding any other provision of this section, a
  223  county shall not levy local option sales surtaxes authorized in
  224  this paragraph and subsections (2) and (3) in excess of a
  225  combined rate of 1 percent.
  226         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  227  s. 125.011(1) may levy the surtax authorized in this subsection
  228  pursuant to an ordinance either approved by extraordinary vote
  229  of the county commission or conditioned to take effect only upon
  230  approval by a majority vote of the electors of the county, as
  231  set forth in subsection (9), voting in a referendum. In a county
  232  as defined in s. 125.011(1), for the purposes of this
  233  subsection, “county public general hospital” means a general
  234  hospital as defined in s. 395.002 which is owned, operated,
  235  maintained, or governed by the county or its agency, authority,
  236  or public health trust.
  237         (a) The rate shall be 0.5 percent.
  238         (b) If the ordinance is conditioned on a referendum, the
  239  proposal to adopt the county public hospital surtax shall be
  240  placed on the ballot in accordance with subsection (9) law at a
  241  time to be set at the discretion of the governing body. The
  242  referendum question on the ballot shall include a brief general
  243  description of the health care services to be funded by the
  244  surtax.
  245         (c) Proceeds from the surtax shall be:
  246         1. Deposited by the county in a special fund, set aside
  247  from other county funds, to be used only for the operation,
  248  maintenance, and administration of the county public general
  249  hospital; and
  250         2. Remitted promptly by the county to the agency,
  251  authority, or public health trust created by law which
  252  administers or operates the county public general hospital.
  253         (d) Except as provided in subparagraphs 1. and 2., the
  254  county must continue to contribute each year an amount equal to
  255  at least 80 percent of that percentage of the total county
  256  budget appropriated for the operation, administration, and
  257  maintenance of the county public general hospital from the
  258  county’s general revenues in the fiscal year of the county
  259  ending September 30, 1991:
  260         1. Twenty-five percent of such amount must be remitted to a
  261  governing board, agency, or authority that is wholly independent
  262  from the public health trust, agency, or authority responsible
  263  for the county public general hospital, to be used solely for
  264  the purpose of funding the plan for indigent health care
  265  services provided for in paragraph (e);
  266         2. However, in the first year of the plan, a total of $10
  267  million shall be remitted to such governing board, agency, or
  268  authority, to be used solely for the purpose of funding the plan
  269  for indigent health care services provided for in paragraph (e),
  270  and in the second year of the plan, a total of $15 million shall
  271  be so remitted and used.
  272         (e) A governing board, agency, or authority shall be
  273  chartered by the county commission upon this act becoming law.
  274  The governing board, agency, or authority shall adopt and
  275  implement a health care plan for indigent health care services.
  276  The governing board, agency, or authority shall consist of no
  277  more than seven and no fewer than five members appointed by the
  278  county commission. The members of the governing board, agency,
  279  or authority shall be at least 18 years of age and residents of
  280  the county. No member may be employed by or affiliated with a
  281  health care provider or the public health trust, agency, or
  282  authority responsible for the county public general hospital.
  283  The following community organizations shall each appoint a
  284  representative to a nominating committee: the South Florida
  285  Hospital and Healthcare Association, the Miami-Dade County
  286  Public Health Trust, the Dade County Medical Association, the
  287  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  288  County. This committee shall nominate between 10 and 14 county
  289  citizens for the governing board, agency, or authority. The
  290  slate shall be presented to the county commission and the county
  291  commission shall confirm the top five to seven nominees,
  292  depending on the size of the governing board. Until such time as
  293  the governing board, agency, or authority is created, the funds
  294  provided for in subparagraph (d)2. shall be placed in a
  295  restricted account set aside from other county funds and not
  296  disbursed by the county for any other purpose.
  297         1. The plan shall divide the county into a minimum of four
  298  and maximum of six service areas, with no more than one
  299  participant hospital per service area. The county public general
  300  hospital shall be designated as the provider for one of the
  301  service areas. Services shall be provided through participants’
  302  primary acute care facilities.
  303         2. The plan and subsequent amendments to it shall fund a
  304  defined range of health care services for both indigent persons
  305  and the medically poor, including primary care, preventive care,
  306  hospital emergency room care, and hospital care necessary to
  307  stabilize the patient. For the purposes of this section,
  308  “stabilization” means stabilization as defined in s.
  309  397.311(41). Where consistent with these objectives, the plan
  310  may include services rendered by physicians, clinics, community
  311  hospitals, and alternative delivery sites, as well as at least
  312  one regional referral hospital per service area. The plan shall
  313  provide that agreements negotiated between the governing board,
  314  agency, or authority and providers shall recognize hospitals
  315  that render a disproportionate share of indigent care, provide
  316  other incentives to promote the delivery of charity care to draw
  317  down federal funds where appropriate, and require cost
  318  containment, including, but not limited to, case management.
  319  From the funds specified in subparagraphs (d)1. and 2. for
  320  indigent health care services, service providers shall receive
  321  reimbursement at a Medicaid rate to be determined by the
  322  governing board, agency, or authority created pursuant to this
  323  paragraph for the initial emergency room visit, and a per-member
  324  per-month fee or capitation for those members enrolled in their
  325  service area, as compensation for the services rendered
  326  following the initial emergency visit. Except for provisions of
  327  emergency services, upon determination of eligibility,
  328  enrollment shall be deemed to have occurred at the time services
  329  were rendered. The provisions for specific reimbursement of
  330  emergency services shall be repealed on July 1, 2001, unless
  331  otherwise reenacted by the Legislature. The capitation amount or
  332  rate shall be determined prior to program implementation by an
  333  independent actuarial consultant. In no event shall such
  334  reimbursement rates exceed the Medicaid rate. The plan must also
  335  provide that any hospitals owned and operated by government
  336  entities on or after the effective date of this act must, as a
  337  condition of receiving funds under this subsection, afford
  338  public access equal to that provided under s. 286.011 as to any
  339  meeting of the governing board, agency, or authority the subject
  340  of which is budgeting resources for the retention of charity
  341  care, as that term is defined in the rules of the Agency for
  342  Health Care Administration. The plan shall also include
  343  innovative health care programs that provide cost-effective
  344  alternatives to traditional methods of service and delivery
  345  funding.
  346         3. The plan’s benefits shall be made available to all
  347  county residents currently eligible to receive health care
  348  services as indigents or medically poor as defined in paragraph
  349  (4)(d).
  350         4. Eligible residents who participate in the health care
  351  plan shall receive coverage for a period of 12 months or the
  352  period extending from the time of enrollment to the end of the
  353  current fiscal year, per enrollment period, whichever is less.
  354         5. At the end of each fiscal year, the governing board,
  355  agency, or authority shall prepare an audit that reviews the
  356  budget of the plan, delivery of services, and quality of
  357  services, and makes recommendations to increase the plan’s
  358  efficiency. The audit shall take into account participant
  359  hospital satisfaction with the plan and assess the amount of
  360  poststabilization patient transfers requested, and accepted or
  361  denied, by the county public general hospital.
  362         (f) Notwithstanding any other provision of this section, a
  363  county may not levy local option sales surtaxes authorized in
  364  this subsection and subsections (2) and (3) in excess of a
  365  combined rate of 1 percent.
  366         (6) SCHOOL CAPITAL OUTLAY SURTAX.—
  367         (a) The school board in each county may levy, pursuant to
  368  resolution conditioned to take effect only upon approval by a
  369  majority vote of the electors of the county, as set forth in
  370  subsection (9), voting in a referendum, a discretionary sales
  371  surtax at a rate that may not exceed 0.5 percent.
  372         (7) VOTER-APPROVED INDIGENT CARE SURTAX.—
  373         (a)1. The governing body in each county that has a
  374  population of fewer than 800,000 residents may levy an indigent
  375  care surtax pursuant to an ordinance conditioned to take effect
  376  only upon approval by a majority vote of the electors of the
  377  county, as set forth in subsection (9), voting in a referendum.
  378  The surtax may be levied at a rate not to exceed 0.5 percent,
  379  except that if a publicly supported medical school is located in
  380  the county, the rate shall not exceed 1 percent.
  381         2. Notwithstanding subparagraph 1., the governing body of
  382  any county that has a population of fewer than 50,000 residents
  383  may levy an indigent care surtax pursuant to an ordinance
  384  conditioned to take effect only upon approval by a majority vote
  385  of the electors of the county, as set forth in subsection (9),
  386  voting in a referendum. The surtax may be levied at a rate not
  387  to exceed 1 percent.
  388         (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—
  389         (b) Upon the adoption of the ordinance, the levy of the
  390  surtax must be placed on the ballot by the governing authority
  391  of the county enacting the ordinance. The ordinance will take
  392  effect if approved by a majority of the electors of the county,
  393  as set forth in subsection (9), voting in a referendum held for
  394  such purpose. The referendum shall be placed on the ballot of a
  395  regularly scheduled election. The ballot for the referendum must
  396  conform to the requirements of s. 101.161.
  397         (9) DATES FOR REFERENDA; VOTER APPROVAL THRESHOLDS.-A
  398  referendum to adopt or amend a local government discretionary
  399  sales surtax under this section may not be held during a special
  400  election. A referendum under this section held at a presidential
  401  preference primary election as provided in s. 103.101 or at a
  402  primary election as defined by s. 97.021 requires the approval
  403  of at least 60 percent of the voters voting on the ballot
  404  question for passage. A referendum under this section held at a
  405  general election as defined by s. 97.021 requires the approval
  406  of a majority of the voters voting on the ballot question for
  407  passage.
  408         Section 2. This act shall take effect July 1, 2017.
  409  
  410  ================= T I T L E  A M E N D M E N T ================
  411  And the title is amended as follows:
  412         Delete everything before the enacting clause
  413  and insert:
  414                        A bill to be entitled                      
  415         An act relating to local tax referenda; amending s.
  416         212.055, F.S.; specifying the times when local
  417         government discretionary sales surtax referenda may be
  418         held; requiring the approval of a specified percentage
  419         of electors voting in a referendum election to adopt
  420         or amend a local government discretionary sales
  421         surtax; providing an effective date.