Florida Senate - 2017                              CS for SB 278
       
       
        
       By the Committee on Ethics and Elections; and Senator Steube
       
       
       
       
       
       582-02734-17                                           2017278c1
    1                        A bill to be entitled                      
    2         An act relating to local tax referenda; amending s.
    3         212.055, F.S.; requiring local government
    4         discretionary sales surtax referenda to be held on the
    5         date of a primary election or on the date of a general
    6         election and specifying the required approval of
    7         voters for passage; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraphs (a) and (c) of subsection (1),
   12  paragraph (a) of subsection (2), paragraph (a) of subsection
   13  (3), subsections (4) and (5), paragraph (a) of subsection (6),
   14  paragraph (a) of subsection (7), paragraph (b) of subsection
   15  (8), and paragraph (a) of subsection (9) of section 212.055,
   16  Florida Statutes, are amended, and subsection (10) is added to
   17  that section, to read:
   18         212.055 Discretionary sales surtaxes; legislative intent;
   19  authorization and use of proceeds.—It is the legislative intent
   20  that any authorization for imposition of a discretionary sales
   21  surtax shall be published in the Florida Statutes as a
   22  subsection of this section, irrespective of the duration of the
   23  levy. Each enactment shall specify the types of counties
   24  authorized to levy; the rate or rates which may be imposed; the
   25  maximum length of time the surtax may be imposed, if any; the
   26  procedure which must be followed to secure voter approval, if
   27  required; the purpose for which the proceeds may be expended;
   28  and such other requirements as the Legislature may provide.
   29  Taxable transactions and administrative procedures shall be as
   30  provided in s. 212.054.
   31         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
   32  SURTAX.—
   33         (a) Each charter county that has adopted a charter, each
   34  county the government of which is consolidated with that of one
   35  or more municipalities, and each county that is within or under
   36  an interlocal agreement with a regional transportation or
   37  transit authority created under chapter 343 or chapter 349 may
   38  levy a discretionary sales surtax, subject to approval by a
   39  majority vote of the electorate of the county or by a charter
   40  amendment approved by a majority vote of the electorate of the
   41  county.
   42         (c) The proposal to adopt a discretionary sales surtax as
   43  provided in this subsection and to create a trust fund within
   44  the county accounts shall be placed on the ballot in accordance
   45  with law and must be approved in a referendum as set forth in
   46  subsection (10) at a time to be set at the discretion of the
   47  governing body.
   48         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
   49         (a)1. The governing authority in each county may levy a
   50  discretionary sales surtax of 0.5 percent or 1 percent. The levy
   51  of the surtax shall be pursuant to ordinance enacted by a
   52  majority of the members of the county governing authority and
   53  approved by a majority of the electors of the county, as set
   54  forth in subsection (10), voting in a referendum on the surtax.
   55  If the governing bodies of the municipalities representing a
   56  majority of the county’s population adopt uniform resolutions
   57  establishing the rate of the surtax and calling for a referendum
   58  on the surtax, the levy of the surtax shall be placed on the
   59  ballot and shall take effect if approved by a majority of the
   60  electors of the county, as set forth in subsection (10), voting
   61  in the referendum on the surtax.
   62         2. If the surtax was levied pursuant to a referendum held
   63  before July 1, 1993, the surtax may not be levied beyond the
   64  time established in the ordinance, or, if the ordinance did not
   65  limit the period of the levy, the surtax may not be levied for
   66  more than 15 years. The levy of such surtax may be extended only
   67  by approval of a majority of the electors of the county, as set
   68  forth in subsection (10), voting in a referendum on the surtax.
   69         (3) SMALL COUNTY SURTAX.—
   70         (a) The governing authority in each county that has a
   71  population of 50,000 or fewer less on April 1, 1992, may levy a
   72  discretionary sales surtax of 0.5 percent or 1 percent. The levy
   73  of the surtax shall be pursuant to ordinance enacted by an
   74  extraordinary vote of the members of the county governing
   75  authority if the surtax revenues are expended for operating
   76  purposes. If the surtax revenues are expended for the purpose of
   77  servicing bond indebtedness, the surtax shall be approved by a
   78  majority of the electors of the county, as set forth in
   79  subsection (10), voting in a referendum on the surtax.
   80         (4) INDIGENT CARE AND TRAUMA CENTER SURTAX.—
   81         (a)1. The governing body in each county the government of
   82  which is not consolidated with that of one or more
   83  municipalities, which has a population of at least 800,000
   84  residents and is not authorized to levy a surtax under
   85  subsection (5), may levy, pursuant to an ordinance either
   86  approved by an extraordinary vote of the governing body or
   87  conditioned to take effect only upon approval by a majority vote
   88  of the electors of the county, as set forth in subsection (10),
   89  voting in a referendum, a discretionary sales surtax at a rate
   90  that may not exceed 0.5 percent.
   91         2. If the ordinance is conditioned on a referendum, a
   92  statement that includes a brief and general description of the
   93  purposes to be funded by the surtax and that conforms to the
   94  requirements of s. 101.161 shall be placed on the ballot by the
   95  governing body of the county. The following questions shall be
   96  placed on the ballot:
   97  
   98                       FOR THE. . . .CENTS TAX                     
   99                     AGAINST THE. . . .CENTS TAX                   
  100  
  101         3. The ordinance adopted by the governing body providing
  102  for the imposition of the surtax shall set forth a plan for
  103  providing health care services to qualified residents, as
  104  defined in subparagraph 4. Such plan and subsequent amendments
  105  to it shall fund a broad range of health care services for both
  106  indigent persons and the medically poor, including, but not
  107  limited to, primary care and preventive care as well as hospital
  108  care. The plan must also address the services to be provided by
  109  the Level I trauma center. It shall emphasize a continuity of
  110  care in the most cost-effective setting, taking into
  111  consideration both a high quality of care and geographic access.
  112  Where consistent with these objectives, it shall include,
  113  without limitation, services rendered by physicians, clinics,
  114  community hospitals, mental health centers, and alternative
  115  delivery sites, as well as at least one regional referral
  116  hospital where appropriate. It shall provide that agreements
  117  negotiated between the county and providers, including hospitals
  118  with a Level I trauma center, will include reimbursement
  119  methodologies that take into account the cost of services
  120  rendered to eligible patients, recognize hospitals that render a
  121  disproportionate share of indigent care, provide other
  122  incentives to promote the delivery of charity care, promote the
  123  advancement of technology in medical services, recognize the
  124  level of responsiveness to medical needs in trauma cases, and
  125  require cost containment including, but not limited to, case
  126  management. It must also provide that any hospitals that are
  127  owned and operated by government entities on May 21, 1991, must,
  128  as a condition of receiving funds under this subsection, afford
  129  public access equal to that provided under s. 286.011 as to
  130  meetings of the governing board, the subject of which is
  131  budgeting resources for the rendition of charity care as that
  132  term is defined in the Florida Hospital Uniform Reporting System
  133  (FHURS) manual referenced in s. 408.07. The plan shall also
  134  include innovative health care programs that provide cost
  135  effective alternatives to traditional methods of service
  136  delivery and funding.
  137         4. For the purpose of this paragraph, the term “qualified
  138  resident” means residents of the authorizing county who are:
  139         a. Qualified as indigent persons as certified by the
  140  authorizing county;
  141         b. Certified by the authorizing county as meeting the
  142  definition of the medically poor, defined as persons having
  143  insufficient income, resources, and assets to provide the needed
  144  medical care without using resources required to meet basic
  145  needs for shelter, food, clothing, and personal expenses; or not
  146  being eligible for any other state or federal program, or having
  147  medical needs that are not covered by any such program; or
  148  having insufficient third-party insurance coverage. In all
  149  cases, the authorizing county is intended to serve as the payor
  150  of last resort; or
  151         c. Participating in innovative, cost-effective programs
  152  approved by the authorizing county.
  153         5. Moneys collected pursuant to this paragraph remain the
  154  property of the state and shall be distributed by the Department
  155  of Revenue on a regular and periodic basis to the clerk of the
  156  circuit court as ex officio custodian of the funds of the
  157  authorizing county. The clerk of the circuit court shall:
  158         a. Maintain the moneys in an indigent health care trust
  159  fund;
  160         b. Invest any funds held on deposit in the trust fund
  161  pursuant to general law;
  162         c. Disburse the funds, including any interest earned, to
  163  any provider of health care services, as provided in
  164  subparagraphs 3. and 4., upon directive from the authorizing
  165  county. However, if a county has a population of at least
  166  800,000 residents and has levied the surtax authorized in this
  167  paragraph, notwithstanding any directive from the authorizing
  168  county, on October 1 of each calendar year, the clerk of the
  169  court shall issue a check in the amount of $6.5 million to a
  170  hospital in its jurisdiction that has a Level I trauma center or
  171  shall issue a check in the amount of $3.5 million to a hospital
  172  in its jurisdiction that has a Level I trauma center if that
  173  county enacts and implements a hospital lien law in accordance
  174  with chapter 98-499, Laws of Florida. The issuance of the checks
  175  on October 1 of each year is provided in recognition of the
  176  Level I trauma center status and shall be in addition to the
  177  base contract amount received during fiscal year 1999-2000 and
  178  any additional amount negotiated to the base contract. If the
  179  hospital receiving funds for its Level I trauma center status
  180  requests such funds to be used to generate federal matching
  181  funds under Medicaid, the clerk of the court shall instead issue
  182  a check to the Agency for Health Care Administration to
  183  accomplish that purpose to the extent that it is allowed through
  184  the General Appropriations Act; and
  185         d. Prepare on a biennial basis an audit of the trust fund
  186  specified in sub-subparagraph a. Commencing February 1, 2004,
  187  such audit shall be delivered to the governing body and to the
  188  chair of the legislative delegation of each authorizing county.
  189         6. Notwithstanding any other provision of this section, a
  190  county shall not levy local option sales surtaxes authorized in
  191  this paragraph and subsections (2) and (3) in excess of a
  192  combined rate of 1 percent.
  193         (b) Notwithstanding any other provision of this section,
  194  the governing body in each county the government of which is not
  195  consolidated with that of one or more municipalities and which
  196  has a population of fewer less than 800,000 residents, may levy,
  197  by ordinance subject to approval by a majority of the electors
  198  of the county, as set forth in subsection (10), voting in a
  199  referendum, a discretionary sales surtax at a rate that may not
  200  exceed 0.25 percent for the sole purpose of funding trauma
  201  services provided by a trauma center licensed pursuant to
  202  chapter 395.
  203         1. A statement that includes a brief and general
  204  description of the purposes to be funded by the surtax and that
  205  conforms to the requirements of s. 101.161 shall be placed on
  206  the ballot by the governing body of the county. The following
  207  shall be placed on the ballot:
  208  
  209                       FOR THE. . . .CENTS TAX                     
  210                     AGAINST THE. . . .CENTS TAX                   
  211  
  212         2. The ordinance adopted by the governing body of the
  213  county providing for the imposition of the surtax shall set
  214  forth a plan for providing trauma services to trauma victims
  215  presenting in the trauma service area in which such county is
  216  located.
  217         3. Moneys collected pursuant to this paragraph remain the
  218  property of the state and shall be distributed by the Department
  219  of Revenue on a regular and periodic basis to the clerk of the
  220  circuit court as ex officio custodian of the funds of the
  221  authorizing county. The clerk of the circuit court shall:
  222         a. Maintain the moneys in a trauma services trust fund.
  223         b. Invest any funds held on deposit in the trust fund
  224  pursuant to general law.
  225         c. Disburse the funds, including any interest earned on
  226  such funds, to the trauma center in its trauma service area, as
  227  provided in the plan set forth pursuant to subparagraph 2., upon
  228  directive from the authorizing county. If the trauma center
  229  receiving funds requests such funds be used to generate federal
  230  matching funds under Medicaid, the custodian of the funds shall
  231  instead issue a check to the Agency for Health Care
  232  Administration to accomplish that purpose to the extent that the
  233  agency is allowed through the General Appropriations Act.
  234         d. Prepare on a biennial basis an audit of the trauma
  235  services trust fund specified in sub-subparagraph a., to be
  236  delivered to the authorizing county.
  237         4. A discretionary sales surtax imposed pursuant to this
  238  paragraph shall expire 4 years after the effective date of the
  239  surtax, unless reenacted by ordinance subject to approval by a
  240  majority of the electors of the county, as set forth in
  241  subsection (10), voting in a subsequent referendum.
  242         5. Notwithstanding any other provision of this section, a
  243  county shall not levy local option sales surtaxes authorized in
  244  this paragraph and subsections (2) and (3) in excess of a
  245  combined rate of 1 percent.
  246         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  247  s. 125.011(1) may levy the surtax authorized in this subsection
  248  pursuant to an ordinance either approved by extraordinary vote
  249  of the county commission or conditioned to take effect only upon
  250  approval by a majority vote of the electors of the county, as
  251  set forth in subsection (10), voting in a referendum. In a
  252  county as defined in s. 125.011(1), for the purposes of this
  253  subsection, “county public general hospital” means a general
  254  hospital as defined in s. 395.002 which is owned, operated,
  255  maintained, or governed by the county or its agency, authority,
  256  or public health trust.
  257         (a) The rate shall be 0.5 percent.
  258         (b) If the ordinance is conditioned on a referendum, the
  259  proposal to adopt the county public hospital surtax shall be
  260  placed on the ballot in accordance with subsection (10) law at a
  261  time to be set at the discretion of the governing body. The
  262  referendum question on the ballot shall include a brief general
  263  description of the health care services to be funded by the
  264  surtax.
  265         (c) Proceeds from the surtax shall be:
  266         1. Deposited by the county in a special fund, set aside
  267  from other county funds, to be used only for the operation,
  268  maintenance, and administration of the county public general
  269  hospital; and
  270         2. Remitted promptly by the county to the agency,
  271  authority, or public health trust created by law which
  272  administers or operates the county public general hospital.
  273         (d) Except as provided in subparagraphs 1. and 2., the
  274  county must continue to contribute each year an amount equal to
  275  at least 80 percent of that percentage of the total county
  276  budget appropriated for the operation, administration, and
  277  maintenance of the county public general hospital from the
  278  county’s general revenues in the fiscal year of the county
  279  ending September 30, 1991:
  280         1. Twenty-five percent of such amount must be remitted to a
  281  governing board, agency, or authority that is wholly independent
  282  from the public health trust, agency, or authority responsible
  283  for the county public general hospital, to be used solely for
  284  the purpose of funding the plan for indigent health care
  285  services provided for in paragraph (e);
  286         2. However, in the first year of the plan, a total of $10
  287  million shall be remitted to such governing board, agency, or
  288  authority, to be used solely for the purpose of funding the plan
  289  for indigent health care services provided for in paragraph (e),
  290  and in the second year of the plan, a total of $15 million shall
  291  be so remitted and used.
  292         (e) A governing board, agency, or authority shall be
  293  chartered by the county commission upon this act becoming law.
  294  The governing board, agency, or authority shall adopt and
  295  implement a health care plan for indigent health care services.
  296  The governing board, agency, or authority shall consist of no
  297  more than seven and no fewer than five members appointed by the
  298  county commission. The members of the governing board, agency,
  299  or authority shall be at least 18 years of age and residents of
  300  the county. No member may be employed by or affiliated with a
  301  health care provider or the public health trust, agency, or
  302  authority responsible for the county public general hospital.
  303  The following community organizations shall each appoint a
  304  representative to a nominating committee: the South Florida
  305  Hospital and Healthcare Association, the Miami-Dade County
  306  Public Health Trust, the Dade County Medical Association, the
  307  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  308  County. This committee shall nominate between 10 and 14 county
  309  citizens for the governing board, agency, or authority. The
  310  slate shall be presented to the county commission and the county
  311  commission shall confirm the top five to seven nominees,
  312  depending on the size of the governing board. Until such time as
  313  the governing board, agency, or authority is created, the funds
  314  provided for in subparagraph (d)2. shall be placed in a
  315  restricted account set aside from other county funds and not
  316  disbursed by the county for any other purpose.
  317         1. The plan shall divide the county into a minimum of four
  318  and maximum of six service areas, with no more than one
  319  participant hospital per service area. The county public general
  320  hospital shall be designated as the provider for one of the
  321  service areas. Services shall be provided through participants’
  322  primary acute care facilities.
  323         2. The plan and subsequent amendments to it shall fund a
  324  defined range of health care services for both indigent persons
  325  and the medically poor, including primary care, preventive care,
  326  hospital emergency room care, and hospital care necessary to
  327  stabilize the patient. For the purposes of this section,
  328  “stabilization” means stabilization as defined in s.
  329  397.311(44). Where consistent with these objectives, the plan
  330  may include services rendered by physicians, clinics, community
  331  hospitals, and alternative delivery sites, as well as at least
  332  one regional referral hospital per service area. The plan shall
  333  provide that agreements negotiated between the governing board,
  334  agency, or authority and providers shall recognize hospitals
  335  that render a disproportionate share of indigent care, provide
  336  other incentives to promote the delivery of charity care to draw
  337  down federal funds where appropriate, and require cost
  338  containment, including, but not limited to, case management.
  339  From the funds specified in subparagraphs (d)1. and 2. for
  340  indigent health care services, service providers shall receive
  341  reimbursement at a Medicaid rate to be determined by the
  342  governing board, agency, or authority created pursuant to this
  343  paragraph for the initial emergency room visit, and a per-member
  344  per-month fee or capitation for those members enrolled in their
  345  service area, as compensation for the services rendered
  346  following the initial emergency visit. Except for provisions of
  347  emergency services, upon determination of eligibility,
  348  enrollment shall be deemed to have occurred at the time services
  349  were rendered. The provisions for specific reimbursement of
  350  emergency services shall be repealed on July 1, 2001, unless
  351  otherwise reenacted by the Legislature. The capitation amount or
  352  rate shall be determined before program implementation by an
  353  independent actuarial consultant. In no event shall such
  354  reimbursement rates exceed the Medicaid rate. The plan must also
  355  provide that any hospitals owned and operated by government
  356  entities on or after the effective date of this act must, as a
  357  condition of receiving funds under this subsection, afford
  358  public access equal to that provided under s. 286.011 as to any
  359  meeting of the governing board, agency, or authority the subject
  360  of which is budgeting resources for the retention of charity
  361  care, as that term is defined in the rules of the Agency for
  362  Health Care Administration. The plan shall also include
  363  innovative health care programs that provide cost-effective
  364  alternatives to traditional methods of service and delivery
  365  funding.
  366         3. The plan’s benefits shall be made available to all
  367  county residents currently eligible to receive health care
  368  services as indigents or medically poor as defined in paragraph
  369  (4)(d).
  370         4. Eligible residents who participate in the health care
  371  plan shall receive coverage for a period of 12 months or the
  372  period extending from the time of enrollment to the end of the
  373  current fiscal year, per enrollment period, whichever is less.
  374         5. At the end of each fiscal year, the governing board,
  375  agency, or authority shall prepare an audit that reviews the
  376  budget of the plan, delivery of services, and quality of
  377  services, and makes recommendations to increase the plan’s
  378  efficiency. The audit shall take into account participant
  379  hospital satisfaction with the plan and assess the amount of
  380  poststabilization patient transfers requested, and accepted or
  381  denied, by the county public general hospital.
  382         (f) Notwithstanding any other provision of this section, a
  383  county may not levy local option sales surtaxes authorized in
  384  this subsection and subsections (2) and (3) in excess of a
  385  combined rate of 1 percent.
  386         (6) SCHOOL CAPITAL OUTLAY SURTAX.—
  387         (a) The school board in each county may levy, pursuant to
  388  resolution conditioned to take effect only upon approval by a
  389  majority vote of the electors of the county, as set forth in
  390  subsection (10), voting in a referendum, a discretionary sales
  391  surtax at a rate that may not exceed 0.5 percent.
  392         (7) VOTER-APPROVED INDIGENT CARE SURTAX.—
  393         (a)1. The governing body in each county that has a
  394  population of fewer than 800,000 residents may levy an indigent
  395  care surtax pursuant to an ordinance conditioned to take effect
  396  only upon approval by a majority vote of the electors of the
  397  county, as set forth in subsection (10), voting in a referendum.
  398  The surtax may be levied at a rate not to exceed 0.5 percent,
  399  except that if a publicly supported medical school is located in
  400  the county, the rate shall not exceed 1 percent.
  401         2. Notwithstanding subparagraph 1., the governing body of
  402  any county that has a population of fewer than 50,000 residents
  403  may levy an indigent care surtax pursuant to an ordinance
  404  conditioned to take effect only upon approval by a majority vote
  405  of the electors of the county, as set forth in subsection (10),
  406  voting in a referendum. The surtax may be levied at a rate not
  407  to exceed 1 percent.
  408         (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—
  409         (b) Upon the adoption of the ordinance, the levy of the
  410  surtax must be placed on the ballot by the governing authority
  411  of the county enacting the ordinance. The ordinance will take
  412  effect if approved by a majority of the electors of the county,
  413  as set forth in subsection (10), voting in a referendum held for
  414  such purpose. The referendum shall be placed on the ballot of a
  415  regularly scheduled election. The ballot for the referendum must
  416  conform to the requirements of s. 101.161.
  417         (9) PENSION LIABILITY SURTAX.—
  418         (a) The governing body of a county may levy a pension
  419  liability surtax to fund an underfunded defined benefit
  420  retirement plan or system, pursuant to an ordinance conditioned
  421  to take effect upon approval by a majority vote of the electors
  422  of the county, as set forth in subsection (10), voting in a
  423  referendum, at a rate that may not exceed 0.5 percent. The
  424  county may not impose a pension liability surtax unless the
  425  underfunded defined benefit retirement plan or system is below
  426  80 percent of actuarial funding at the time the ordinance or
  427  referendum is passed. The most recent actuarial report submitted
  428  to the Department of Management Services pursuant to s. 112.63
  429  must be used to establish the level of actuarial funding for
  430  purposes of determining eligibility to impose the surtax. The
  431  governing body of a county may only impose the surtax if:
  432         1. An employee, including a police officer or firefighter,
  433  who enters employment on or after the date when the local
  434  government certifies that the defined benefit retirement plan or
  435  system formerly available to such an employee has been closed
  436  may not enroll in a defined benefit retirement plan or system
  437  that will receive surtax proceeds.
  438         2. The local government and the collective bargaining
  439  representative for the members of the underfunded defined
  440  benefit retirement plan or system or, if there is no
  441  representative, a majority of the members of the plan or system,
  442  mutually consent to requiring each member to make an employee
  443  retirement contribution of at least 10 percent of each member’s
  444  salary for each pay period beginning with the first pay period
  445  after the plan or system is closed.
  446         3. The pension board of trustees for the underfunded
  447  defined benefit retirement plan or system, if such board exists,
  448  is prohibited from participating in the collective bargaining
  449  process and engaging in the determination of pension benefits.
  450         4. The county currently levies a local government
  451  infrastructure surtax pursuant to subsection (2) which is
  452  scheduled to terminate and is not subject to renewal.
  453         5. The pension liability surtax does not take effect until
  454  the local government infrastructure surtax described in
  455  subparagraph 4. is terminated.
  456         (10)DATES FOR REFERENDA.—A referendum to adopt or amend a
  457  local government discretionary sales surtax under this section
  458  shall be held only:
  459         (a)At a primary election, as defined in s. 97.021, and
  460  requires approval of 60 percent of the voters voting on the
  461  ballot question for passage; or
  462         (b) At a general election, as defined in s. 97.021, and
  463  requires the approval of a majority of the voters voting on the
  464  ballot question for passage.
  465         Section 2. This act shall take effect July 1, 2019.