Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (304644) for CS for SB 1118
       
       
       
       
       
       
                                Ì408222vÎ408222                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  05/01/2017           .                                
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       The Committee on Appropriations (Simmons) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 134 and 135
    4  insert:
    5         Section 1. Subsection (1) of section 212.055, Florida
    6  Statutes, is amended to read:
    7         212.055 Discretionary sales surtaxes; legislative intent;
    8  authorization and use of proceeds.—It is the legislative intent
    9  that any authorization for imposition of a discretionary sales
   10  surtax shall be published in the Florida Statutes as a
   11  subsection of this section, irrespective of the duration of the
   12  levy. Each enactment shall specify the types of counties or
   13  municipalities authorized to levy; the rate or rates which may
   14  be imposed; the maximum length of time the surtax may be
   15  imposed, if any; the procedure which must be followed to secure
   16  voter approval, if required; the purpose for which the proceeds
   17  may be expended; and such other requirements as the Legislature
   18  may provide. Taxable transactions and administrative procedures
   19  shall be as provided in s. 212.054.
   20         (1) CHARTER COUNTY, MUNICIPALITY, AND REGIONAL
   21  TRANSPORTATION SYSTEM SURTAX.—
   22         (a) Each charter county that has adopted a charter, each
   23  county the government of which is consolidated with that of one
   24  or more municipalities, and each county that is within or under
   25  an interlocal agreement with a regional transportation or
   26  transit authority created under chapter 343 or chapter 349, and
   27  each municipality and county under paragraph (b) may levy a
   28  discretionary sales surtax, subject to approval by a majority
   29  vote of the electorate of the county or municipality or by a
   30  charter amendment approved by a majority vote of the electorate
   31  of the county.
   32         (b)1.A municipality with a population greater than 270,000
   33  located in a county with a population greater than 1.28 million
   34  but less than 1.5 million may levy a discretionary sales surtax
   35  as provided in this subsection. The discretionary sales surtax
   36  may only be levied within the limits of the municipality.
   37         2.The levy of a discretionary sales surtax pursuant to
   38  this paragraph does not prohibit the county in which the
   39  municipality is located from levying a discretionary sales
   40  surtax as otherwise provided in this section. If a municipality
   41  has levied a discretionary sales surtax as described in this
   42  paragraph, the county within which the municipality is located
   43  may also levy a discretionary sales surtax, at the same level as
   44  the municipality, pursuant to referendum of the voters of the
   45  county who reside outside the municipality. The proceeds from
   46  such a discretionary sales surtax may only be collected outside
   47  the municipality limits. Alternatively, the municipality and
   48  county, by interlocal agreement, may levy such a discretionary
   49  sales surtax by referendum of all the voters of the county.
   50         (c)(b) The rate of the discretionary sales surtax shall be
   51  up to 1 percent.
   52         (d)(c) The proposal to adopt a discretionary sales surtax
   53  as provided in this subsection and to create a trust fund within
   54  the county or municipality accounts shall be placed on the
   55  ballot in accordance with law at a time to be set at the
   56  discretion of the governing body.
   57         (e)(d) Proceeds from the surtax shall be applied to as many
   58  or as few of the uses enumerated below in whatever combination
   59  the county commission or municipal governing body deems
   60  appropriate:
   61         1. Deposited by the county or municipality in the trust
   62  fund and shall be used for the purposes of development,
   63  construction, equipment, maintenance, operation, supportive
   64  services, including a countywide or municipality-wide bus
   65  system, on-demand transportation services, and related costs of
   66  a fixed guideway rapid transit system;
   67         2. Remitted by the governing body of the county or
   68  municipality to an expressway, transit, or transportation
   69  authority created by law to be used, at the discretion of such
   70  authority, for the development, construction, operation, or
   71  maintenance of roads or bridges in the county or municipality,
   72  for the operation and maintenance of a bus system, for the
   73  operation and maintenance of on-demand transportation services,
   74  for the payment of principal and interest on existing bonds
   75  issued for the construction of such roads or bridges, and, upon
   76  approval by the county commission or municipal governing body,
   77  such proceeds may be pledged for bonds issued to refinance
   78  existing bonds or new bonds issued for the construction of such
   79  roads or bridges;
   80         3. Used by the county or municipality for the development,
   81  construction, operation, and maintenance of roads and bridges in
   82  the county or municipality; for the expansion, operation, and
   83  maintenance of bus and fixed guideway systems; for the
   84  expansion, operation, and maintenance of on-demand
   85  transportation services; and for the payment of principal and
   86  interest on bonds issued for the construction of fixed guideway
   87  rapid transit systems, bus systems, roads, or bridges; and such
   88  proceeds may be pledged by the governing body of the county or
   89  municipality for bonds issued to refinance existing bonds or new
   90  bonds issued for the construction of such fixed guideway rapid
   91  transit systems, bus systems, roads, or bridges and no more than
   92  25 percent used for nontransit uses; and
   93         4. Used by the county or municipality for the planning,
   94  development, construction, operation, and maintenance of roads
   95  and bridges in the county or municipality; for the planning,
   96  development, expansion, operation, and maintenance of bus and
   97  fixed guideway systems; for the planning, development,
   98  construction, operation, and maintenance of on-demand
   99  transportation services; and for the payment of principal and
  100  interest on bonds issued for the construction of fixed guideway
  101  rapid transit systems, bus systems, roads, or bridges; and such
  102  proceeds may be pledged by the governing body of the county or
  103  municipality for bonds issued to refinance existing bonds or new
  104  bonds issued for the construction of such fixed guideway rapid
  105  transit systems, bus systems, roads, or bridges. Pursuant to an
  106  interlocal agreement entered into pursuant to chapter 163, the
  107  governing body of the county may distribute proceeds from the
  108  tax to a municipality, or an expressway or transportation
  109  authority created by law to be expended for the purpose
  110  authorized by this paragraph. Any county that has entered into
  111  interlocal agreements for distribution of proceeds to one or
  112  more municipalities in the county shall revise such interlocal
  113  agreements no less than every 5 years in order to include any
  114  municipalities that have been created since the prior interlocal
  115  agreements were executed.
  116         (f)(e) As used in this subsection, the term “on-demand
  117  transportation services” means transportation provided between
  118  flexible points of origin and destination selected by individual
  119  users with such service being provided at a time that is agreed
  120  upon by the user and the provider of the service and that is not
  121  fixed-schedule or fixed-route in nature.
  122  
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete line 2
  126  and insert:
  127         An act relating to transportation; amending s.
  128         212.055, F.S.; requiring certain enactments to specify
  129         the types of municipalities authorized to levy a
  130         discretionary sales surtax; authorizing certain
  131         municipalities to levy a certain discretionary sales
  132         surtax; providing requirements for the discretionary
  133         sales surtax; providing that the levy of the
  134         discretionary sales surtax does not prohibit the
  135         county in which the municipality is located from
  136         levying a certain discretionary sales surtax;
  137         authorizing the county within which the municipality
  138         is located to also levy a discretionary sales surtax,
  139         at the same level as the municipality, pursuant to a
  140         referendum of the voters of the county who reside
  141         outside the municipality; providing that the county
  142         discretionary sales surtax may be collected only
  143         outside the municipality limits; authorizing,
  144         alternatively, the municipality and county, by
  145         interlocal agreement, to levy such a discretionary
  146         sales surtax by referendum of all the voters of the
  147         county; requiring the proposal to adopt a
  148         discretionary sales surtax and to create a trust fund
  149         within the municipality accounts to be placed on the
  150         ballot in accordance with law at a time to be set at
  151         the discretion of the governing body; providing that
  152         proceeds from the surtax shall be applied to specified
  153         uses in whatever combination the municipal governing
  154         body deems appropriate; conforming provisions to
  155         changes made by the act; creating s.