Florida Senate - 2018                              CS for SB 272
       
       
        
       By the Committee on Community Affairs; and Senator Brandes
       
       
       
       
       
       578-00918-18                                           2018272c1
    1                        A bill to be entitled                      
    2         An act relating to local tax referenda; amending s.
    3         212.055, F.S.; revising the voter approval threshold
    4         required to pass a referendum to adopt or amend local
    5         government discretionary sales surtaxes when the
    6         referendum is held at any date other than a general
    7         election; conforming provisions to changes made by the
    8         act; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraphs (a) and (c) of subsection (1),
   13  paragraph (a) of subsection (2), paragraph (a) of subsection
   14  (3), subsections (4) and (5), paragraph (a) of subsection (6),
   15  paragraph (a) of subsection (7), paragraph (b) of subsection
   16  (8), and paragraph (a) of subsection (9) of section 212.055,
   17  Florida Statutes, are amended, and subsection (10) is added to
   18  that section, to read:
   19         212.055 Discretionary sales surtaxes; legislative intent;
   20  authorization and use of proceeds.—It is the legislative intent
   21  that any authorization for imposition of a discretionary sales
   22  surtax shall be published in the Florida Statutes as a
   23  subsection of this section, irrespective of the duration of the
   24  levy. Each enactment shall specify the types of counties
   25  authorized to levy; the rate or rates which may be imposed; the
   26  maximum length of time the surtax may be imposed, if any; the
   27  procedure which must be followed to secure voter approval, if
   28  required; the purpose for which the proceeds may be expended;
   29  and such other requirements as the Legislature may provide.
   30  Taxable transactions and administrative procedures shall be as
   31  provided in s. 212.054.
   32         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
   33  SURTAX.—
   34         (a) Each charter county that has adopted a charter, each
   35  county the government of which is consolidated with that of one
   36  or more municipalities, and each county that is within or under
   37  an interlocal agreement with a regional transportation or
   38  transit authority created under chapter 343 or chapter 349 may
   39  levy a discretionary sales surtax, subject to approval by a
   40  majority vote of the electorate of the county or by a charter
   41  amendment approved by a majority vote of the electorate of the
   42  county.
   43         (c) The proposal to adopt a discretionary sales surtax as
   44  provided in this subsection and to create a trust fund within
   45  the county accounts shall be placed on the ballot in accordance
   46  with law and must be approved in a referendum as set forth in
   47  subsection (10) at a time to be set at the discretion of the
   48  governing body.
   49         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
   50         (a)1. The governing authority in each county may levy a
   51  discretionary sales surtax of 0.5 percent or 1 percent. The levy
   52  of the surtax shall be pursuant to an ordinance enacted by a
   53  majority of the members of the county governing authority and
   54  approved by a majority of the electors of the county, as set
   55  forth in subsection (10), voting in a referendum on the surtax.
   56  If the governing bodies of the municipalities representing a
   57  majority of the county’s population adopt uniform resolutions
   58  establishing the rate of the surtax and calling for a referendum
   59  on the surtax, the levy of the surtax shall be placed on the
   60  ballot and shall take effect if approved by a majority of the
   61  electors of the county, as set forth in subsection (10), voting
   62  in the referendum on the surtax.
   63         2. If the surtax was levied pursuant to a referendum held
   64  before July 1, 1993, the surtax may not be levied beyond the
   65  time established in the ordinance, or, if the ordinance did not
   66  limit the period of the levy, the surtax may not be levied for
   67  more than 15 years. The levy of such surtax may be extended only
   68  by approval of a majority of the electors of the county, as set
   69  forth in subsection (10), voting in a referendum on the surtax.
   70         (3) SMALL COUNTY SURTAX.—
   71         (a) The governing authority in each county that has a
   72  population of 50,000 or less on April 1, 1992, may levy a
   73  discretionary sales surtax of 0.5 percent or 1 percent. The levy
   74  of the surtax shall be pursuant to an ordinance enacted by an
   75  extraordinary vote of the members of the county governing
   76  authority if the surtax revenues are expended for operating
   77  purposes. If the surtax revenues are expended for the purpose of
   78  servicing bond indebtedness, the surtax shall be approved by a
   79  majority of the electors of the county, as set forth in
   80  subsection (10), voting in a referendum on the surtax.
   81         (4) INDIGENT CARE AND TRAUMA CENTER SURTAX.—
   82         (a)1. The governing body in each county the government of
   83  which is not consolidated with that of one or more
   84  municipalities, which has a population of at least 800,000
   85  residents and is not authorized to levy a surtax under
   86  subsection (5), may levy, pursuant to an ordinance either
   87  approved by an extraordinary vote of the governing body or
   88  conditioned to take effect only upon approval by a majority vote
   89  of the electors of the county, as set forth in subsection (10),
   90  voting in a referendum, a discretionary sales surtax at a rate
   91  that may not exceed 0.5 percent.
   92         2. If the ordinance is conditioned on a referendum, a
   93  statement that includes a brief and general description of the
   94  purposes to be funded by the surtax and that conforms to the
   95  requirements of s. 101.161 shall be placed on the ballot by the
   96  governing body of the county. The following questions shall be
   97  placed on the ballot:
   98  
   99                       FOR THE. . . .CENTS TAX                     
  100                     AGAINST THE. . . .CENTS TAX                   
  101  
  102         3. The ordinance adopted by the governing body providing
  103  for the imposition of the surtax shall set forth a plan for
  104  providing health care services to qualified residents, as
  105  defined in subparagraph 4. Such plan and subsequent amendments
  106  to it shall fund a broad range of health care services for both
  107  indigent persons and the medically poor, including, but not
  108  limited to, primary care and preventive care as well as hospital
  109  care. The plan must also address the services to be provided by
  110  the Level I trauma center. It shall emphasize a continuity of
  111  care in the most cost-effective setting, taking into
  112  consideration both a high quality of care and geographic access.
  113  Where consistent with these objectives, it shall include,
  114  without limitation, services rendered by physicians, clinics,
  115  community hospitals, mental health centers, and alternative
  116  delivery sites, as well as at least one regional referral
  117  hospital where appropriate. It shall provide that agreements
  118  negotiated between the county and providers, including hospitals
  119  with a Level I trauma center, will include reimbursement
  120  methodologies that take into account the cost of services
  121  rendered to eligible patients, recognize hospitals that render a
  122  disproportionate share of indigent care, provide other
  123  incentives to promote the delivery of charity care, promote the
  124  advancement of technology in medical services, recognize the
  125  level of responsiveness to medical needs in trauma cases, and
  126  require cost containment, including, but not limited to, case
  127  management. It must also provide that any hospitals that are
  128  owned and operated by government entities on May 21, 1991, must,
  129  as a condition of receiving funds under this subsection, afford
  130  public access equal to that provided under s. 286.011 as to
  131  meetings of the governing board, the subject of which is
  132  budgeting resources for the rendition of charity care as that
  133  term is defined in the Florida Hospital Uniform Reporting System
  134  (FHURS) manual referenced in s. 408.07. The plan shall also
  135  include innovative health care programs that provide cost
  136  effective alternatives to traditional methods of service
  137  delivery and funding.
  138         4. For the purpose of this paragraph, the term “qualified
  139  resident” means residents of the authorizing county who are:
  140         a. Qualified as indigent persons as certified by the
  141  authorizing county;
  142         b. Certified by the authorizing county as meeting the
  143  definition of the medically poor, defined as persons having
  144  insufficient income, resources, and assets to provide the needed
  145  medical care without using resources required to meet basic
  146  needs for shelter, food, clothing, and personal expenses; or not
  147  being eligible for any other state or federal program, or having
  148  medical needs that are not covered by any such program; or
  149  having insufficient third-party insurance coverage. In all
  150  cases, the authorizing county is intended to serve as the payor
  151  of last resort; or
  152         c. Participating in innovative, cost-effective programs
  153  approved by the authorizing county.
  154         5. Moneys collected pursuant to this paragraph remain the
  155  property of the state and shall be distributed by the Department
  156  of Revenue on a regular and periodic basis to the clerk of the
  157  circuit court as ex officio custodian of the funds of the
  158  authorizing county. The clerk of the circuit court shall:
  159         a. Maintain the moneys in an indigent health care trust
  160  fund;
  161         b. Invest any funds held on deposit in the trust fund
  162  pursuant to general law;
  163         c. Disburse the funds, including any interest earned, to
  164  any provider of health care services, as provided in
  165  subparagraphs 3. and 4., upon directive from the authorizing
  166  county. However, if a county has a population of at least
  167  800,000 residents and has levied the surtax authorized in this
  168  paragraph, notwithstanding any directive from the authorizing
  169  county, on October 1 of each calendar year, the clerk of the
  170  court shall issue a check in the amount of $6.5 million to a
  171  hospital in its jurisdiction that has a Level I trauma center or
  172  shall issue a check in the amount of $3.5 million to a hospital
  173  in its jurisdiction that has a Level I trauma center if that
  174  county enacts and implements a hospital lien law in accordance
  175  with chapter 98-499, Laws of Florida. The issuance of the checks
  176  on October 1 of each year is provided in recognition of the
  177  Level I trauma center status and shall be in addition to the
  178  base contract amount received during fiscal year 1999-2000 and
  179  any additional amount negotiated to the base contract. If the
  180  hospital receiving funds for its Level I trauma center status
  181  requests such funds to be used to generate federal matching
  182  funds under Medicaid, the clerk of the court shall instead issue
  183  a check to the Agency for Health Care Administration to
  184  accomplish that purpose to the extent that it is allowed through
  185  the General Appropriations Act; and
  186         d. Prepare on a biennial basis an audit of the trust fund
  187  specified in sub-subparagraph a. Commencing February 1, 2004,
  188  such audit shall be delivered to the governing body and to the
  189  chair of the legislative delegation of each authorizing county.
  190         6. Notwithstanding any other provision of this section, a
  191  county shall not levy local option sales surtaxes authorized in
  192  this paragraph and subsections (2) and (3) in excess of a
  193  combined rate of 1 percent.
  194         (b) Notwithstanding any other provision of this section,
  195  the governing body in each county the government of which is not
  196  consolidated with that of one or more municipalities and which
  197  has a population of less than 800,000 residents, may levy, by
  198  ordinance subject to approval by a majority of the electors of
  199  the county, as set forth in subsection (10), voting in a
  200  referendum, a discretionary sales surtax at a rate that may not
  201  exceed 0.25 percent for the sole purpose of funding trauma
  202  services provided by a trauma center licensed pursuant to
  203  chapter 395.
  204         1. A statement that includes a brief and general
  205  description of the purposes to be funded by the surtax and that
  206  conforms to the requirements of s. 101.161 shall be placed on
  207  the ballot by the governing body of the county. The following
  208  shall be placed on the ballot:
  209  
  210                       FOR THE. . . .CENTS TAX                     
  211                     AGAINST THE. . . .CENTS TAX                   
  212  
  213         2. The ordinance adopted by the governing body of the
  214  county providing for the imposition of the surtax shall set
  215  forth a plan for providing trauma services to trauma victims
  216  presenting in the trauma service area in which such county is
  217  located.
  218         3. Moneys collected pursuant to this paragraph remain the
  219  property of the state and shall be distributed by the Department
  220  of Revenue on a regular and periodic basis to the clerk of the
  221  circuit court as ex officio custodian of the funds of the
  222  authorizing county. The clerk of the circuit court shall:
  223         a. Maintain the moneys in a trauma services trust fund.
  224         b. Invest any funds held on deposit in the trust fund
  225  pursuant to general law.
  226         c. Disburse the funds, including any interest earned on
  227  such funds, to the trauma center in its trauma service area, as
  228  provided in the plan set forth pursuant to subparagraph 2., upon
  229  directive from the authorizing county. If the trauma center
  230  receiving funds requests such funds be used to generate federal
  231  matching funds under Medicaid, the custodian of the funds shall
  232  instead issue a check to the Agency for Health Care
  233  Administration to accomplish that purpose to the extent that the
  234  agency is allowed through the General Appropriations Act.
  235         d. Prepare on a biennial basis an audit of the trauma
  236  services trust fund specified in sub-subparagraph a., to be
  237  delivered to the authorizing county.
  238         4. A discretionary sales surtax imposed pursuant to this
  239  paragraph shall expire 4 years after the effective date of the
  240  surtax, unless reenacted by ordinance subject to approval by a
  241  majority of the electors of the county, as set forth in
  242  subsection (10), voting in a subsequent referendum.
  243         5. Notwithstanding any other provision of this section, a
  244  county shall not levy local option sales surtaxes authorized in
  245  this paragraph and subsections (2) and (3) in excess of a
  246  combined rate of 1 percent.
  247         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  248  s. 125.011(1) may levy the surtax authorized in this subsection
  249  pursuant to an ordinance either approved by extraordinary vote
  250  of the county commission or conditioned to take effect only upon
  251  approval by a majority vote of the electors of the county, as
  252  set forth in subsection (10), voting in a referendum. In a
  253  county as defined in s. 125.011(1), for the purposes of this
  254  subsection, “county public general hospital” means a general
  255  hospital as defined in s. 395.002 which is owned, operated,
  256  maintained, or governed by the county or its agency, authority,
  257  or public health trust.
  258         (a) The rate shall be 0.5 percent.
  259         (b) If the ordinance is conditioned on a referendum, the
  260  proposal to adopt the county public hospital surtax shall be
  261  placed on the ballot in accordance with subsection (10) law at a
  262  time to be set at the discretion of the governing body. The
  263  referendum question on the ballot shall include a brief general
  264  description of the health care services to be funded by the
  265  surtax.
  266         (c) Proceeds from the surtax shall be:
  267         1. Deposited by the county in a special fund, set aside
  268  from other county funds, to be used only for the operation,
  269  maintenance, and administration of the county public general
  270  hospital; and
  271         2. Remitted promptly by the county to the agency,
  272  authority, or public health trust created by law which
  273  administers or operates the county public general hospital.
  274         (d) Except as provided in subparagraphs 1. and 2., the
  275  county must continue to contribute each year an amount equal to
  276  at least 80 percent of that percentage of the total county
  277  budget appropriated for the operation, administration, and
  278  maintenance of the county public general hospital from the
  279  county’s general revenues in the fiscal year of the county
  280  ending September 30, 1991:
  281         1. Twenty-five percent of such amount must be remitted to a
  282  governing board, agency, or authority that is wholly independent
  283  from the public health trust, agency, or authority responsible
  284  for the county public general hospital, to be used solely for
  285  the purpose of funding the plan for indigent health care
  286  services provided for in paragraph (e);
  287         2. However, in the first year of the plan, a total of $10
  288  million shall be remitted to such governing board, agency, or
  289  authority, to be used solely for the purpose of funding the plan
  290  for indigent health care services provided for in paragraph (e),
  291  and in the second year of the plan, a total of $15 million shall
  292  be so remitted and used.
  293         (e) A governing board, agency, or authority shall be
  294  chartered by the county commission upon this act becoming law.
  295  The governing board, agency, or authority shall adopt and
  296  implement a health care plan for indigent health care services.
  297  The governing board, agency, or authority shall consist of no
  298  more than seven and no fewer than five members appointed by the
  299  county commission. The members of the governing board, agency,
  300  or authority shall be at least 18 years of age and residents of
  301  the county. No member may be employed by or affiliated with a
  302  health care provider or the public health trust, agency, or
  303  authority responsible for the county public general hospital.
  304  The following community organizations shall each appoint a
  305  representative to a nominating committee: the South Florida
  306  Hospital and Healthcare Association, the Miami-Dade County
  307  Public Health Trust, the Dade County Medical Association, the
  308  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  309  County. This committee shall nominate between 10 and 14 county
  310  citizens for the governing board, agency, or authority. The
  311  slate shall be presented to the county commission and the county
  312  commission shall confirm the top five to seven nominees,
  313  depending on the size of the governing board. Until such time as
  314  the governing board, agency, or authority is created, the funds
  315  provided for in subparagraph (d)2. shall be placed in a
  316  restricted account set aside from other county funds and not
  317  disbursed by the county for any other purpose.
  318         1. The plan shall divide the county into a minimum of four
  319  and maximum of six service areas, with no more than one
  320  participant hospital per service area. The county public general
  321  hospital shall be designated as the provider for one of the
  322  service areas. Services shall be provided through participants’
  323  primary acute care facilities.
  324         2. The plan and subsequent amendments to it shall fund a
  325  defined range of health care services for both indigent persons
  326  and the medically poor, including primary care, preventive care,
  327  hospital emergency room care, and hospital care necessary to
  328  stabilize the patient. For the purposes of this section,
  329  “stabilization” means stabilization as defined in s.
  330  397.311(45). Where consistent with these objectives, the plan
  331  may include services rendered by physicians, clinics, community
  332  hospitals, and alternative delivery sites, as well as at least
  333  one regional referral hospital per service area. The plan shall
  334  provide that agreements negotiated between the governing board,
  335  agency, or authority and providers shall recognize hospitals
  336  that render a disproportionate share of indigent care, provide
  337  other incentives to promote the delivery of charity care to draw
  338  down federal funds where appropriate, and require cost
  339  containment, including, but not limited to, case management.
  340  From the funds specified in subparagraphs (d)1. and 2. for
  341  indigent health care services, service providers shall receive
  342  reimbursement at a Medicaid rate to be determined by the
  343  governing board, agency, or authority created pursuant to this
  344  paragraph for the initial emergency room visit, and a per-member
  345  per-month fee or capitation for those members enrolled in their
  346  service area, as compensation for the services rendered
  347  following the initial emergency visit. Except for provisions of
  348  emergency services, upon determination of eligibility,
  349  enrollment shall be deemed to have occurred at the time services
  350  were rendered. The provisions for specific reimbursement of
  351  emergency services shall be repealed on July 1, 2001, unless
  352  otherwise reenacted by the Legislature. The capitation amount or
  353  rate shall be determined before program implementation by an
  354  independent actuarial consultant. In no event shall such
  355  reimbursement rates exceed the Medicaid rate. The plan must also
  356  provide that any hospitals owned and operated by government
  357  entities on or after the effective date of this act must, as a
  358  condition of receiving funds under this subsection, afford
  359  public access equal to that provided under s. 286.011 as to any
  360  meeting of the governing board, agency, or authority the subject
  361  of which is budgeting resources for the retention of charity
  362  care, as that term is defined in the rules of the Agency for
  363  Health Care Administration. The plan shall also include
  364  innovative health care programs that provide cost-effective
  365  alternatives to traditional methods of service and delivery
  366  funding.
  367         3. The plan’s benefits shall be made available to all
  368  county residents currently eligible to receive health care
  369  services as indigents or medically poor as defined in paragraph
  370  (4)(d).
  371         4. Eligible residents who participate in the health care
  372  plan shall receive coverage for a period of 12 months or the
  373  period extending from the time of enrollment to the end of the
  374  current fiscal year, per enrollment period, whichever is less.
  375         5. At the end of each fiscal year, the governing board,
  376  agency, or authority shall prepare an audit that reviews the
  377  budget of the plan, delivery of services, and quality of
  378  services, and makes recommendations to increase the plan’s
  379  efficiency. The audit shall take into account participant
  380  hospital satisfaction with the plan and assess the amount of
  381  poststabilization patient transfers requested, and accepted or
  382  denied, by the county public general hospital.
  383         (f) Notwithstanding any other provision of this section, a
  384  county may not levy local option sales surtaxes authorized in
  385  this subsection and subsections (2) and (3) in excess of a
  386  combined rate of 1 percent.
  387         (6) SCHOOL CAPITAL OUTLAY SURTAX.—
  388         (a) The school board in each county may levy, pursuant to a
  389  resolution conditioned to take effect only upon approval by a
  390  majority vote of the electors of the county, as set forth in
  391  subsection (10), voting in a referendum, a discretionary sales
  392  surtax at a rate that may not exceed 0.5 percent.
  393         (7) VOTER-APPROVED INDIGENT CARE SURTAX.—
  394         (a)1. The governing body in each county that has a
  395  population of fewer than 800,000 residents may levy an indigent
  396  care surtax pursuant to an ordinance conditioned to take effect
  397  only upon approval by a majority vote of the electors of the
  398  county, as set forth in subsection (10), voting in a referendum.
  399  The surtax may be levied at a rate not to exceed 0.5 percent,
  400  except that if a publicly supported medical school is located in
  401  the county, the rate shall not exceed 1 percent.
  402         2. Notwithstanding subparagraph 1., the governing body of
  403  any county that has a population of fewer than 50,000 residents
  404  may levy an indigent care surtax pursuant to an ordinance
  405  conditioned to take effect only upon approval by a majority vote
  406  of the electors of the county, as set forth in subsection (10),
  407  voting in a referendum. The surtax may be levied at a rate not
  408  to exceed 1 percent.
  409         (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—
  410         (b) Upon the adoption of the ordinance, the levy of the
  411  surtax must be placed on the ballot by the governing authority
  412  of the county enacting the ordinance. The ordinance will take
  413  effect if approved by a majority of the electors of the county,
  414  as set forth in subsection (10), voting in a referendum held for
  415  such purpose. The referendum shall be placed on the ballot of a
  416  regularly scheduled election. The ballot for the referendum must
  417  conform to the requirements of s. 101.161.
  418         (9) PENSION LIABILITY SURTAX.—
  419         (a) The governing body of a county may levy a pension
  420  liability surtax to fund an underfunded defined benefit
  421  retirement plan or system, pursuant to an ordinance conditioned
  422  to take effect upon approval by a majority vote of the electors
  423  of the county, as set forth in subsection (10), voting in a
  424  referendum, at a rate that may not exceed 0.5 percent. The
  425  county may not impose a pension liability surtax unless the
  426  underfunded defined benefit retirement plan or system is below
  427  80 percent of actuarial funding at the time the ordinance or
  428  referendum is passed. The most recent actuarial report submitted
  429  to the Department of Management Services pursuant to s. 112.63
  430  must be used to establish the level of actuarial funding for
  431  purposes of determining eligibility to impose the surtax. The
  432  governing body of a county may only impose the surtax if:
  433         1. An employee, including a police officer or firefighter,
  434  who enters employment on or after the date when the local
  435  government certifies that the defined benefit retirement plan or
  436  system formerly available to such an employee has been closed
  437  may not enroll in a defined benefit retirement plan or system
  438  that will receive surtax proceeds.
  439         2. The local government and the collective bargaining
  440  representative for the members of the underfunded defined
  441  benefit retirement plan or system or, if there is no
  442  representative, a majority of the members of the plan or system,
  443  mutually consent to requiring each member to make an employee
  444  retirement contribution of at least 10 percent of each member’s
  445  salary for each pay period beginning with the first pay period
  446  after the plan or system is closed.
  447         3. The pension board of trustees for the underfunded
  448  defined benefit retirement plan or system, if such board exists,
  449  is prohibited from participating in the collective bargaining
  450  process and engaging in the determination of pension benefits.
  451         4. The county currently levies a local government
  452  infrastructure surtax pursuant to subsection (2) which is
  453  scheduled to terminate and is not subject to renewal.
  454         5. The pension liability surtax does not take effect until
  455  the local government infrastructure surtax described in
  456  subparagraph 4. is terminated.
  457         (10)VOTER APPROVAL THRESHOLDS.—A referendum to adopt or
  458  amend a local government discretionary sales surtax under this
  459  section which is held at any date other than a general election
  460  as defined by s. 97.021 requires the approval of at least 60
  461  percent of the electors voting on the ballot question. A
  462  referendum under this section which is held at a general
  463  election as defined by s. 97.021 requires the approval of a
  464  majority of the electors voting on the ballot question.
  465         Section 2. This act shall take effect July 1, 2018.