Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 698
       
       
       
       
       
       
                                Ì625854?Î625854                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




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