Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 698
       
       
       
       
       
       
                                Ì619286LÎ619286                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2023           .                                
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       The Committee on Community Affairs (Ingoglia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (e) is added to subsection (6) of
    6  section 125.0104, Florida Statutes, to read:
    7         125.0104 Tourist development tax; procedure for levying;
    8  authorized uses; referendum; enforcement.—
    9         (6) REFERENDUM.—
   10         (e) A referendum to reenact an expiring tourist development
   11  tax must be held at a general election. Such a referendum may be
   12  held only once during the 48-month period preceding the
   13  effective date of the referendum.
   14         Section 2. Subsection (5) of section 125.0108, Florida
   15  Statutes, is amended to read:
   16         125.0108 Areas of critical state concern; tourist impact
   17  tax.—
   18         (5) The tourist impact tax authorized by this section shall
   19  take effect only upon express approval by a majority vote of
   20  those qualified electors in the area or areas of critical state
   21  concern in the county seeking to levy such tax, voting in a
   22  referendum to be held in conjunction with a general election, as
   23  defined in s. 97.021. However, if the area or areas of critical
   24  state concern are greater than 50 percent of the land area of
   25  the county and the tax is to be imposed throughout the entire
   26  county, the tax shall take effect only upon express approval of
   27  a majority of the qualified electors of the county voting in
   28  such a referendum. A referendum to reenact an expiring tourist
   29  impact tax must be held at a general election. Such a referendum
   30  may be held only once during the 48-month period preceding the
   31  effective date of the referendum.
   32         Section 3. Subsection (1) of section 125.901, Florida
   33  Statutes, is amended to read:
   34         125.901 Children’s services; independent special district;
   35  council; powers, duties, and functions; public records
   36  exemption.—
   37         (1) Each county may by ordinance create an independent
   38  special district, as defined in ss. 189.012 and 200.001(8)(e),
   39  to provide funding for children’s services throughout the county
   40  in accordance with this section. The boundaries of such district
   41  shall be coterminous with the boundaries of the county. The
   42  county governing body shall obtain approval at a general
   43  election, as defined in s. 97.021, by a majority vote of those
   44  electors voting on the question, to annually levy ad valorem
   45  taxes which shall not exceed the maximum millage rate authorized
   46  by this section. Any district created pursuant to the provisions
   47  of this subsection shall be required to levy and fix millage
   48  subject to the provisions of s. 200.065. Once such millage is
   49  approved by the electorate, the district shall not be required
   50  to seek approval of the electorate in future years to levy the
   51  previously approved millage. However, a referendum to increase
   52  the millage rate previously approved by the electors must be
   53  held at a general election. Such a referendum may be held only
   54  once during the 48-month period preceding the effective date of
   55  the referendum.
   56         (a) The governing body of the district shall be a council
   57  on children’s services, which may also be known as a juvenile
   58  welfare board or similar name as established in the ordinance by
   59  the county governing body. Such council shall consist of 10
   60  members, including the superintendent of schools; a local school
   61  board member; the district administrator from the appropriate
   62  district of the Department of Children and Families, or his or
   63  her designee who is a member of the Senior Management Service or
   64  of the Selected Exempt Service; one member of the county
   65  governing body; and the judge assigned to juvenile cases who
   66  shall sit as a voting member of the board, except that said
   67  judge shall not vote or participate in the setting of ad valorem
   68  taxes under this section. If there is more than one judge
   69  assigned to juvenile cases in a county, the chief judge shall
   70  designate one of said juvenile judges to serve on the board. The
   71  remaining five members shall be appointed by the Governor, and
   72  shall, to the extent possible, represent the demographic
   73  diversity of the population of the county. After soliciting
   74  recommendations from the public, the county governing body shall
   75  submit to the Governor the names of at least three persons for
   76  each vacancy occurring among the five members appointed by the
   77  Governor, and the Governor shall appoint members to the council
   78  from the candidates nominated by the county governing body. The
   79  Governor shall make a selection within a 45-day period or
   80  request a new list of candidates. All members appointed by the
   81  Governor shall have been residents of the county for the
   82  previous 24-month period. Such members shall be appointed for 4
   83  year terms, except that the length of the terms of the initial
   84  appointees shall be adjusted to stagger the terms. The Governor
   85  may remove a member for cause or upon the written petition of
   86  the county governing body. If any of the members of the council
   87  required to be appointed by the Governor under the provisions of
   88  this subsection shall resign, die, or be removed from office,
   89  the vacancy thereby created shall, as soon as practicable, be
   90  filled by appointment by the Governor, using the same method as
   91  the original appointment, and such appointment to fill a vacancy
   92  shall be for the unexpired term of the person who resigns, dies,
   93  or is removed from office.
   94         (b) However, any county as defined in s. 125.011(1) may
   95  instead have a governing body consisting of 33 members,
   96  including the superintendent of schools, or his or her designee;
   97  two representatives of public postsecondary education
   98  institutions located in the county; the county manager or the
   99  equivalent county officer; the district administrator from the
  100  appropriate district of the Department of Children and Families,
  101  or the administrator’s designee who is a member of the Senior
  102  Management Service or the Selected Exempt Service; the director
  103  of the county health department or the director’s designee; the
  104  state attorney for the county or the state attorney’s designee;
  105  the chief judge assigned to juvenile cases, or another juvenile
  106  judge who is the chief judge’s designee and who shall sit as a
  107  voting member of the board, except that the judge may not vote
  108  or participate in setting ad valorem taxes under this section;
  109  an individual who is selected by the board of the local United
  110  Way or its equivalent; a member of a locally recognized faith
  111  based coalition, selected by that coalition; a member of the
  112  local chamber of commerce, selected by that chamber or, if more
  113  than one chamber exists within the county, a person selected by
  114  a coalition of the local chambers; a member of the early
  115  learning coalition, selected by that coalition; a representative
  116  of a labor organization or union active in the county; a member
  117  of a local alliance or coalition engaged in cross-system
  118  planning for health and social service delivery in the county,
  119  selected by that alliance or coalition; a member of the local
  120  Parent-Teachers Association/Parent-Teacher-Student Association,
  121  selected by that association; a youth representative selected by
  122  the local school system’s student government; a local school
  123  board member appointed by the chair of the school board; the
  124  mayor of the county or the mayor’s designee; one member of the
  125  county governing body, appointed by the chair of that body; a
  126  member of the state Legislature who represents residents of the
  127  county, selected by the chair of the local legislative
  128  delegation; an elected official representing the residents of a
  129  municipality in the county, selected by the county municipal
  130  league; and 4 members-at-large, appointed to the council by the
  131  majority of sitting council members. The remaining 7 members
  132  shall be appointed by the Governor in accordance with procedures
  133  set forth in paragraph (a), except that the Governor may remove
  134  a member for cause or upon the written petition of the council.
  135  Appointments by the Governor must, to the extent reasonably
  136  possible, represent the geographic and demographic diversity of
  137  the population of the county. Members who are appointed to the
  138  council by reason of their position are not subject to the
  139  length of terms and limits on consecutive terms as provided in
  140  this section. The remaining appointed members of the governing
  141  body shall be appointed to serve 2-year terms, except that those
  142  members appointed by the Governor shall be appointed to serve 4
  143  year terms, and the youth representative and the legislative
  144  delegate shall be appointed to serve 1-year terms. A member may
  145  be reappointed; however, a member may not serve for more than
  146  three consecutive terms. A member is eligible to be appointed
  147  again after a 2-year hiatus from the council.
  148         (c) This subsection does not prohibit a county from
  149  exercising such power as is provided by general or special law
  150  to provide children’s services or to create a special district
  151  to provide such services.
  152         Section 4. Section 200.091, Florida Statutes, is amended to
  153  read:
  154         200.091 Referendum to increase millage.—The millage
  155  authorized to be levied in s. 200.071 for county purposes,
  156  including dependent districts therein, may be increased for
  157  periods not exceeding 2 years, provided such levy has been
  158  approved by majority vote of the qualified electors in the
  159  county or district voting in a general election, as defined in
  160  s. 97.021, called for such purpose. Such an election may be
  161  called by the governing body of any such county or district on
  162  its own motion and shall be called upon submission of a petition
  163  specifying the amount of millage sought to be levied and the
  164  purpose for which the proceeds will be expended and containing
  165  the signatures of at least 10 percent of the persons qualified
  166  to vote in such election, signed within 60 days prior to the
  167  date the petition is filed. Such a referendum may be held only
  168  once during the 48-month period preceding the effective date of
  169  the referendum.
  170         Section 5. Section 200.101, Florida Statutes, is amended to
  171  read:
  172         200.101 Referendum for millage in excess of limits.—The
  173  qualified electors of a municipality may, by majority vote at a
  174  general election, as defined in s. 97.021, increase millage
  175  above those limits imposed by s. 200.081 in a referendum called
  176  for such purpose by the governing body of the municipality, but
  177  the period of such increase may not exceed 2 years. Such
  178  referendum also may be initiated by submission of a petition to
  179  the governing body of the municipality containing the signatures
  180  of 10 percent of those persons eligible to vote in such
  181  referendum, which signatures were affixed to the petition within
  182  60 days prior to its submission. Such a referendum may be held
  183  only once during the 48-month period preceding the effective
  184  date of the referendum.
  185         Section 6. Subsection (10) of section 212.055, Florida
  186  Statutes, is amended to read:
  187         212.055 Discretionary sales surtaxes; legislative intent;
  188  authorization and use of proceeds.—It is the legislative intent
  189  that any authorization for imposition of a discretionary sales
  190  surtax shall be published in the Florida Statutes as a
  191  subsection of this section, irrespective of the duration of the
  192  levy. Each enactment shall specify the types of counties
  193  authorized to levy; the rate or rates which may be imposed; the
  194  maximum length of time the surtax may be imposed, if any; the
  195  procedure which must be followed to secure voter approval, if
  196  required; the purpose for which the proceeds may be expended;
  197  and such other requirements as the Legislature may provide.
  198  Taxable transactions and administrative procedures shall be as
  199  provided in s. 212.054.
  200         (10) DATES FOR REFERENDA.—A referendum to adopt, or amend,
  201  or reenact a local government discretionary sales surtax under
  202  this section must be held at a general election as defined in s.
  203  97.021. Such a referendum may be held only once during the 48
  204  month period preceding the effective date of the referendum.
  205         Section 7. Paragraph (a) of subsection (4) of section
  206  336.021, Florida Statutes, is amended to read:
  207         336.021 County transportation system; levy of ninth-cent
  208  fuel tax on motor fuel and diesel fuel.—
  209         (4)(a)1. A certified copy of the ordinance proposing to
  210  levy the tax pursuant to referendum shall be furnished by the
  211  county to the department within 10 days after approval of such
  212  ordinance.
  213         2. A referendum to adopt, amend, or reenact a tax under
  214  this subsection must shall be held only at a general election,
  215  as defined in s. 97.021. Such a referendum may be held only once
  216  during the 48-month period preceding the effective date of the
  217  referendum.
  218         3. The county levying the tax pursuant to referendum shall
  219  notify the department within 10 days after the passage of the
  220  referendum of such passage and of the time period during which
  221  the tax will be levied. The failure to furnish the certified
  222  copy will not invalidate the passage of the ordinance.
  223         Section 8. Paragraph (b) of subsection (1) and paragraph
  224  (b) of subsection (3) of section 336.025, Florida Statutes, are
  225  amended to read:
  226         336.025 County transportation system; levy of local option
  227  fuel tax on motor fuel and diesel fuel.—
  228         (1)
  229         (b) In addition to other taxes allowed by law, there may be
  230  levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-cent,
  231  4-cent, or 5-cent local option fuel tax upon every gallon of
  232  motor fuel sold in a county and taxed under the provisions of
  233  part I of chapter 206. The tax shall be levied by an ordinance
  234  adopted by a majority plus one vote of the membership of the
  235  governing body of the county or by referendum. A referendum to
  236  adopt, amend, or reenact a tax under this subsection must shall
  237  be held only at a general election, as defined in s. 97.021.
  238  Such a referendum may be held only once during the 48-month
  239  period preceding the effective date of the referendum.
  240         1. All impositions and rate changes of the tax shall be
  241  levied before October 1, to be effective January 1 of the
  242  following year. However, levies of the tax which were in effect
  243  on July 1, 2002, and which expire on August 31 of any year may
  244  be reimposed at the current authorized rate provided the tax is
  245  levied before July 1 and is effective September 1 of the year of
  246  expiration.
  247         2. The county may, prior to levy of the tax, establish by
  248  interlocal agreement with one or more municipalities located
  249  therein, representing a majority of the population of the
  250  incorporated area within the county, a distribution formula for
  251  dividing the entire proceeds of the tax among county government
  252  and all eligible municipalities within the county. If no
  253  interlocal agreement is adopted before the effective date of the
  254  tax, tax revenues shall be distributed pursuant to the
  255  provisions of subsection (4). If no interlocal agreement exists,
  256  a new interlocal agreement may be established prior to June 1 of
  257  any year pursuant to this subparagraph. However, any interlocal
  258  agreement agreed to under this subparagraph after the initial
  259  levy of the tax or change in the tax rate authorized in this
  260  section shall under no circumstances materially or adversely
  261  affect the rights of holders of outstanding bonds which are
  262  backed by taxes authorized by this paragraph, and the amounts
  263  distributed to the county government and each municipality shall
  264  not be reduced below the amount necessary for the payment of
  265  principal and interest and reserves for principal and interest
  266  as required under the covenants of any bond resolution
  267  outstanding on the date of establishment of the new interlocal
  268  agreement.
  269         3. County and municipal governments shall use moneys
  270  received pursuant to this paragraph for transportation
  271  expenditures needed to meet the requirements of the capital
  272  improvements element of an adopted comprehensive plan or for
  273  expenditures needed to meet immediate local transportation
  274  problems and for other transportation-related expenditures that
  275  are critical for building comprehensive roadway networks by
  276  local governments. For purposes of this paragraph, expenditures
  277  for the construction of new roads, the reconstruction or
  278  resurfacing of existing paved roads, or the paving of existing
  279  graded roads shall be deemed to increase capacity and such
  280  projects shall be included in the capital improvements element
  281  of an adopted comprehensive plan. Expenditures for purposes of
  282  this paragraph shall not include routine maintenance of roads.
  283         (3) The tax authorized pursuant to paragraph (1)(a) shall
  284  be levied using either of the following procedures:
  285         (b) If no interlocal agreement or resolution is adopted
  286  pursuant to subparagraph (a)1. or subparagraph (a)2.,
  287  municipalities representing more than 50 percent of the county
  288  population may, prior to June 20, adopt uniform resolutions
  289  approving the local option tax, establishing the duration of the
  290  levy and the rate authorized in paragraph (1)(a), and setting
  291  the date for a countywide referendum on whether to levy the tax.
  292  A referendum to adopt, amend, or reenact a tax under this
  293  subsection must shall be held only at a general election, as
  294  defined in s. 97.021. Such a referendum may be held only once
  295  during the 48-month period preceding the effective date of the
  296  referendum. The tax shall be levied and collected countywide on
  297  January 1 following 30 days after voter approval.
  298         Section 9. Subsections (1), (2), and (3) of section
  299  1011.73, Florida Statutes, are amended to read:
  300         1011.73 District millage elections.—
  301         (1) MILLAGE AUTHORIZED NOT TO EXCEED 2 YEARS.—The district
  302  school board, pursuant to resolution adopted at a regular
  303  meeting, shall direct the county commissioners to call an
  304  election at which the electors within the school districts may
  305  approve an ad valorem tax millage as authorized in s. 9, Art.
  306  VII of the State Constitution. Such election may be held at any
  307  time, except that not more than one such election shall be held
  308  during any 12-month period. Any millage so authorized shall be
  309  levied for a period not in excess of 2 years or until changed by
  310  another millage election, whichever is the earlier. In the event
  311  any such election is invalidated by a court of competent
  312  jurisdiction, such invalidated election shall be considered not
  313  to have been held.
  314         (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district
  315  school board, pursuant to resolution adopted at a regular
  316  meeting, shall direct the county commissioners to call an
  317  election at which the electors within the school district may
  318  approve an ad valorem tax millage as authorized under s.
  319  1011.71(9). Such election may be held at any time, except that
  320  not more than one such election shall be held during any 12
  321  month period. Any millage so authorized shall be levied for a
  322  period not in excess of 4 years or until changed by another
  323  millage election, whichever is earlier. If any such election is
  324  invalidated by a court of competent jurisdiction, such
  325  invalidated election shall be considered not to have been held.
  326         (3) HOLDING ELECTIONS.—All school district millage
  327  elections shall be held and conducted in the manner prescribed
  328  by law for holding general elections, except as provided in this
  329  chapter. A referendum under this part must shall be held only at
  330  a general election, as defined in s. 97.021. Such a referendum
  331  may be held only once during the 48-month period preceding the
  332  effective date of the referendum.
  333         Section 10. This act shall take effect July 1, 2023.
  334  
  335  ================= T I T L E  A M E N D M E N T ================
  336  And the title is amended as follows:
  337         Delete everything before the enacting clause
  338  and insert:
  339                        A bill to be entitled                      
  340         An act relating to local tax referenda requirements;
  341         amending ss. 125.0104 and 125.0108, F.S.; requiring
  342         that a referendum to reenact an expiring tourist
  343         development tax or tourist impact tax, respectively,
  344         be held at a general election; limiting the occurrence
  345         of such a referendum; amending s. 125.901, F.S.;
  346         requiring that a referendum to approve a millage rate
  347         increase for a children’s services independent special
  348         district property tax be held at a general election;
  349         limiting the occurrence of such a referendum; amending
  350         ss. 200.091 and 200.101, F.S.; limiting the occurrence
  351         of a referendum to approve a county or municipal ad
  352         valorem tax millage increase, respectively; amending
  353         s. 212.055, F.S.; requiring that a referendum to
  354         reenact a local government discretionary sales surtax
  355         be held at a general election; limiting the occurrence
  356         of such a referendum; amending ss. 336.021 and
  357         336.025, F.S.; requiring that a referendum to adopt,
  358         amend, or reenact a ninth-cent fuel tax or local
  359         option fuel taxes, respectively, be held at a general
  360         election; limiting the occurrence of such a
  361         referendum; amending s. 1011.73, F.S.; deleting
  362         provisions that authorize school district millage
  363         elections to be held at any time; making a technical
  364         change; revising a limitation on the occurrence of a
  365         referendum; providing an effective date.