Senate Bill sb2312c1

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    Florida Senate - 2006                           CS for SB 2312

    By the Committee on Community Affairs; and Senator Sebesta





    578-2287-06

  1                      A bill to be entitled

  2         An act relating to discretionary sales

  3         surtaxes; amending s. 212.055, F.S.;

  4         redesignating the charter county transit system

  5         surtax as the charter county transportation

  6         system surtax; providing that the proposal to

  7         adopt such a discretionary sales surtax and

  8         create a trust fund may be placed on the ballot

  9         pursuant to an initiative petition if the

10         county charter so provides; providing

11         additional purposes for which the proceeds from

12         the surtax may be used; removing a prohibition

13         against the issuance, by a school district,

14         county, or municipality, of more than one bond

15         each year pledging proceeds of certain

16         discretionary taxes; allowing counties that are

17         not charter counties to levy, by ordinance, a

18         county transportation system surtax; requiring

19         that a discretionary sales surtax that is to be

20         adopted by referendum be placed on the ballot

21         at a time set at the discretion of the

22         governing body of a county; requiring that the

23         proceeds from a surtax be distributed to a

24         county and to each municipality within the

25         county according to an interlocal agreement or

26         an apportionment factor; providing that the

27         proceeds from the surtax be used for certain

28         purposes as considered appropriate by the

29         county commission; providing an effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2006                           CS for SB 2312
    578-2287-06




 1         Section 1.  Subsection (1) and paragraph (e) of

 2  subsection (2) of section 212.055, Florida Statutes, are

 3  amended, and subsection (8) is added to that section, to read:

 4         212.055  Discretionary sales surtaxes; legislative

 5  intent; authorization and use of proceeds.--It is the

 6  legislative intent that any authorization for imposition of a

 7  discretionary sales surtax shall be published in the Florida

 8  Statutes as a subsection of this section, irrespective of the

 9  duration of the levy.  Each enactment shall specify the types

10  of counties authorized to levy; the rate or rates which may be

11  imposed; the maximum length of time the surtax may be imposed,

12  if any; the procedure which must be followed to secure voter

13  approval, if required; the purpose for which the proceeds may

14  be expended; and such other requirements as the Legislature

15  may provide.  Taxable transactions and administrative

16  procedures shall be as provided in s. 212.054.

17         (1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM

18  SURTAX.--

19         (a)  Each charter county which adopted a charter prior

20  to January 1, 1984, and each county the government of which is

21  consolidated with that of one or more municipalities, may levy

22  a discretionary sales surtax, subject to approval by a

23  majority vote of the electorate of the county or by a charter

24  amendment approved by a majority vote of the electorate of the

25  county.

26         (b)  The rate shall be up to 1 percent.

27         (c)  The proposal to adopt a discretionary sales surtax

28  as provided in this subsection and to create a trust fund

29  within the county accounts shall be placed on the ballot in

30  accordance with law at a time to be set at the discretion of

31  

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    Florida Senate - 2006                           CS for SB 2312
    578-2287-06




 1  the governing body or pursuant to initiative petition, if

 2  provided for in the county's charter.

 3         (d)  Proceeds from the surtax shall be applied to as

 4  many or as few of the uses enumerated below in whatever

 5  combination the county commission deems appropriate:

 6         1.  Deposited by the county in the trust fund and shall

 7  be used for the purposes of development, construction,

 8  equipment, maintenance, operation, supportive services,

 9  including a countywide bus system, and related costs of a

10  fixed guideway rapid transit system;

11         2.  Remitted by the governing body of the county to an

12  expressway or transportation authority created by law to be

13  used, at the discretion of such authority, for the

14  development, construction, operation, or maintenance of roads

15  or bridges in the county, for the operation and maintenance of

16  a bus system, for the payment of principal and interest on

17  existing bonds issued for the construction of such roads or

18  bridges, and, upon approval by the county commission, such

19  proceeds may be pledged for bonds issued to refinance existing

20  bonds or new bonds issued for the construction of such roads

21  or bridges;

22         3.  Used by the charter county for the development,

23  construction, operation, and maintenance of roads and bridges

24  in the county; for the expansion, operation, and maintenance

25  of bus and fixed guideway systems; and for the payment of

26  principal and interest on bonds issued for the construction of

27  fixed guideway rapid transit systems, bus systems, roads, or

28  bridges; and such proceeds may be pledged by the governing

29  body of the county for bonds issued to refinance existing

30  bonds or new bonds issued for the construction of such fixed

31  

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    Florida Senate - 2006                           CS for SB 2312
    578-2287-06




 1  guideway rapid transit systems, bus systems, roads, or bridges

 2  and no more than 25 percent used for nontransit uses; and

 3         4.  Used by the charter county for the planning,

 4  development, construction, operation, and maintenance of roads

 5  and bridges in the county; for the planning, development,

 6  expansion, operation, and maintenance of bus and fixed

 7  guideway systems; and for the payment of principal and

 8  interest on bonds issued for the construction of fixed

 9  guideway rapid transit systems, bus systems, roads, or

10  bridges; and such proceeds may be pledged by the governing

11  body of the county for bonds issued to refinance existing

12  bonds or new bonds issued for the construction of such fixed

13  guideway rapid transit systems, bus systems, roads, or

14  bridges. Pursuant to an interlocal agreement entered into

15  pursuant to chapter 163, the governing body of the charter

16  county may distribute proceeds from the tax to a municipality,

17  or an expressway or transportation authority created by law to

18  be expended for the purpose authorized by this paragraph;.

19         5.  Used by the charter county to fund regionally

20  significant transportation projects that are identified in a

21  regional transportation plan developed in accordance with s.

22  339.155(5) or to provide matching funds for the Transportation

23  Regional Incentive Program in accordance with s. 339.2819 or

24  the New Starts Transit Program, as provided in s. 341.051; and

25         6.  Used by the charter county to fund projects

26  identified in a capital improvements element of a

27  comprehensive plan that has been determined to be in

28  compliance with part II of chapter 163 or to implement a

29  long-term concurrency management system adopted by a local

30  government in accordance with s. 163.3177(3) or (9).

31         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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    Florida Senate - 2006                           CS for SB 2312
    578-2287-06




 1         (e)  School districts, counties, and municipalities

 2  receiving proceeds under the provisions of this subsection may

 3  pledge such proceeds for the purpose of servicing new bond

 4  indebtedness incurred pursuant to law. Local governments may

 5  use the services of the Division of Bond Finance of the State

 6  Board of Administration pursuant to the State Bond Act to

 7  issue any bonds through the provisions of this subsection. In

 8  no case may a jurisdiction issue bonds pursuant to this

 9  subsection more frequently than once per year. Counties and

10  municipalities may join together for the issuance of bonds

11  authorized by this subsection.

12         (8)  COUNTY TRANSPORTATION SYSTEM SURTAX.--

13         (a)  The governing authority in each county may levy a

14  discretionary sales surtax pursuant to ordinance enacted by a

15  majority of the members of the county governing authority and

16  subject to approval by a majority vote of the electorate of

17  the county.

18         (b)  The rate shall be up to 1 percent.

19         (c)  If the proposal to adopt a discretionary sales

20  surtax is to be adopted by a referendum as provided in this

21  subsection, such proposal shall be placed on the ballot in

22  accordance with law at a time to be set at the discretion of

23  the governing body of the county.

24         (d)  Proceeds from the surtax shall be distributed to

25  the county and to each municipality within the county in which

26  the surtax is collected according to:

27         1.  A separate interlocal agreement between the county

28  governing body and the governing body of any municipality

29  within the county; or

30         2.  If there is no interlocal agreement between the

31  county governing body and the governing body of any

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    Florida Senate - 2006                           CS for SB 2312
    578-2287-06




 1  municipality within the county, an apportionment factor for

 2  each eligible local government as specified in this

 3  subparagraph.

 4         a.  The apportionment factor for an eligible county

 5  shall be composed of two equally weighted portions as follows:

 6         (I)  Each eligible county's population in the

 7  unincorporated areas of the county as a percentage of the

 8  total county population as determined pursuant to s. 186.901.

 9         (II)  Each eligible county's percentage of centerline

10  miles derived from the combined total number of centerline

11  miles owned and maintained by the county and each municipality

12  within the county as annually reported in the City/County

13  Mileage Report promulgated by the Transportation Statistics

14  Office within the Department of Transportation.

15         b.  The apportionment factor for an eligible

16  municipality shall be composed of two equally weighted

17  portions as follows:

18         (I)  Each eligible municipality's population as a

19  percentage of the total county population as determined

20  pursuant to s. 186.901.

21         (II)  Each eligible municipality's percentage of

22  centerline miles derived from the combined total number of

23  centerline miles owned and maintained by the county  and each

24  municipality within the county as annually reported in the

25  City/County Mileage Report promulgated by the Transportation

26  Statistics Office within the Department of Transportation.

27         (e)  Proceeds from the surtax shall be applied to as

28  many or as few of the uses enumerated below in whatever

29  combination the governing body of the municipality or the

30  county considers appropriate:

31  

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    Florida Senate - 2006                           CS for SB 2312
    578-2287-06




 1         1.  Deposited by the governing body of the municipality

 2  or the county in the trust fund and used for the purposes of

 3  development, construction, equipment, maintenance, operation,

 4  supportive services, including a bus system, and related costs

 5  of a fixed guideway rapid transit system;

 6         2.  Remitted by the governing body of the municipality

 7  or the county to an expressway or transportation authority

 8  created by law to be used, at the discretion of such

 9  authority, for the development, construction, operation, or

10  maintenance of roads, bicycle and pedestrian facilities, or

11  bridges in the county or municipality, for the operation and

12  maintenance of a bus system, for the payment of principal and

13  interest on existing bonds issued for the construction of such

14  roads, bicycle or pedestrian facilities, or bridges, and, upon

15  approval by the governing body of the municipality or county,

16  pledged for bonds issued to refinance existing bonds or new

17  bonds issued for the construction of such roads or bridges;

18         3.  Used by the governing body of the municipality or

19  county for the planning, development, construction, operation,

20  and maintenance of roads, bicycle and pedestrian facilities,

21  or bridges in the municipality or county; for the planning,

22  development, expansion, operation, and maintenance of bus and

23  fixed guideway systems; and for the payment of principal and

24  interest on bonds issued for the construction of fixed

25  guideway rapid transit systems, bus systems, roads, bicycle

26  and pedestrian facilities, or bridges; and, upon approval by

27  the governing body of the municipality or county, pledged by

28  the governing body of the municipality or county for bonds

29  issued to refinance existing bonds or new bonds issued for the

30  construction of such fixed guideway rapid transit systems, bus

31  systems, roads, bicycle and pedestrian facilities, or bridges;

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    Florida Senate - 2006                           CS for SB 2312
    578-2287-06




 1         4.  Used by the county or municipality to fund

 2  regionally significant transportation projects that are

 3  identified in a regional transportation plan developed in

 4  accordance with s. 339.155(5) or to provide matching funds for

 5  the Transportation Regional Incentive Program in accordance

 6  with s. 339.2819 or the New Starts Transit Program as provided

 7  in s. 341.051; and

 8         5.  Used by the county or municipality to fund projects

 9  identified in a capital improvements element of a

10  comprehensive plan that has been determined to be in

11  compliance with part II of chapter 163 or to implement a

12  long-term concurrency management system adopted by a local

13  government in accordance with s. 163.3177(3) or (9).

14         Section 2.  This act shall take effect July 1, 2006.

15  

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                         Senate Bill 2312

18                                 

19  The CS renames the Charter County Transit System Surtax as the
    "Charter County Transportation System Surtax." The CS allows a
20  proposal to adopt a Charter County Transportation System
    Surtax to be placed on the ballot pursuant to initiative
21  petition, if provided for in the county's charter. The CS
    expands the allowable uses of the revenues raised by the
22  surtax.

23  The CS also authorizes all counties to levy, pursuant to an
    ordinance enacted by a majority of the members of the county
24  governing authority and subject to approval by a majority vote
    of the electorate of the county, a County Transportation
25  System Surtax. The CS provides for the distribution of
    proceeds from the maximum 1 percent sales surtax to counties
26  and eligible municipalities by interlocal agreement, or in the
    absence of allowable uses for surtax proceeds (identical to
27  those established in the Charter County Transportation System
    Surtax).
28  
    Finally, the CS deletes a prohibition against the issuance by
29  local governmental entities of more than one bond each year
    pledging proceeds of the Local Government Infrastructure
30  Surtax.

31  

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