Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1000
       
       
       
       
       
       
                                Barcode 350640                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/10/2009           .                                
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       The Committee on Community Affairs (Storms) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) is added to section 212.055,
    6  Florida Statutes, to read:
    7         212.055 Discretionary sales surtaxes; legislative intent;
    8  authorization and use of proceeds.—It is the legislative intent
    9  that any authorization for imposition of a discretionary sales
   10  surtax shall be published in the Florida Statutes as a
   11  subsection of this section, irrespective of the duration of the
   12  levy. Each enactment shall specify the types of counties
   13  authorized to levy; the rate or rates which may be imposed; the
   14  maximum length of time the surtax may be imposed, if any; the
   15  procedure which must be followed to secure voter approval, if
   16  required; the purpose for which the proceeds may be expended;
   17  and such other requirements as the Legislature may provide.
   18  Taxable transactions and administrative procedures shall be as
   19  provided in s. 212.054.
   20         (8)EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—
   21         (a)If the governing authority of a county funds emergency
   22  fire rescue services through ad valorem taxes, the governing
   23  authority may, by ordinance, levy a discretionary sales surtax
   24  of up to 1 percent for emergency fire rescue services and
   25  facilities as provided in this subsection. For purposes of this
   26  subsection, emergency fire rescue services include, but are not
   27  limited to, the prevention and extinguishment of fires;
   28  protection and saving of life and property from fires or natural
   29  or intentional acts or disasters; enforcement of municipal,
   30  county, or state fire prevention codes and laws pertaining to
   31  the prevention and control of fires; and the provision of
   32  prehospital emergency medical treatment.
   33         (b)If a surtax is authorized under this subsection, the
   34  governing authority of the county shall designate a regional
   35  service provider for emergency fire rescue services within the
   36  county. The regional service provider must be the county or
   37  another unit of local government that funds emergency fire
   38  rescue services through ad valorem taxes, provides emergency
   39  fire rescue services to municipalities within the county which
   40  do not have adequate facilities and personnel, and employs more
   41  personnel and receives greater call volume than any other
   42  provider in the county.
   43         (c)Upon the adoption of the ordinance, the levy of the
   44  surtax must be placed on the ballot by the governing authority
   45  of the county enacting the ordinance and shall take effect if
   46  approved by a majority of the electors of the county voting in a
   47  referendum held for such purpose. The ballot for the referendum
   48  must conform to the requirements of s. 101.161. The interlocal
   49  agreement required under paragraph (e) is a condition precedent
   50  to holding the referendum.
   51         (d)Pursuant to s. 212.054(4), the proceeds of the
   52  discretionary sales surtax collected under this subsection, less
   53  an administrative fee that may be retained by the Department of
   54  Revenue, shall be distributed by the county to the participating
   55  jurisdictions that have entered into an interlocal agreement
   56  with the county under this section. The county may also charge
   57  an administrative fee for receiving and distributing the surtax
   58  collected under this subsection which may not exceed 2 percent
   59  of the surtax collected.
   60         (e)The regional service provider shall develop an
   61  interlocal agreement to be executed by the county governing
   62  authority and the participating jurisdictions, which are the
   63  governing bodies of municipalities, dependent special districts,
   64  independent special districts, or municipal service taxing units
   65  located within such county. Any county that has a population of
   66  1 million or greater must enter into an interlocal agreement
   67  with municipalities within the county representing more than 50
   68  percent of the population served by municipal emergency fire
   69  rescue service providers within the county.
   70         1.At a minimum, the interlocal agreement must specify
   71  that:
   72         a.The amount of the surtax proceeds to be distributed by
   73  the county to each participating jurisdiction is based on the
   74  actual amounts collected within each participating jurisdiction;
   75  or
   76         b.If a county has special fire control and rescue
   77  districts within its boundaries, the county shall distribute the
   78  surtax proceeds among the county and the participating
   79  municipality or special fire control and rescue districts based
   80  on the proportion of each entity’s expenditure of ad valorem
   81  taxes and non-ad valorem assessments for fire control and
   82  emergency rescue services in each of the immediately preceding 5
   83  fiscal years to the total of such expenditures for all entities.
   84         2.Each participating jurisdiction shall provide a level of
   85  service that is at least equal to the level of service provided
   86  by the service providers within the area covering the majority
   87  of the population of the county.
   88         3.Each participating jurisdiction shall:
   89         a.Provide personnel levels on pieces of equipment
   90  maintained or operated that are at least equal to the personnel
   91  levels on equipment maintained or operated by the service
   92  providers within the area covering the majority of the
   93  population of the county; or
   94         b.Agree that the regional service provider is entitled to
   95  payment from the jurisdiction’s share of the surtax proceeds for
   96  any personnel, equipment, or other costs incurred by the
   97  regional service provider to maintain the specified level of
   98  service or adequate personnel within the participating
   99  jurisdiction’s service area on a long-term basis.
  100         (f)Upon the surtax taking effect and initiation of
  101  collections, a county and any participating jurisdiction
  102  entering into the interlocal agreement shall reduce the ad
  103  valorem tax levy and any non-ad valorem assessment for fire
  104  control and emergency rescue services in its next and subsequent
  105  budgets by the estimated amount of revenue provided by the
  106  surtax.
  107         (g)Use of surtax proceeds authorized under this subsection
  108  does not relieve a local government from complying with the
  109  provisions of chapter 200 and any related provisions of law that
  110  establish millage caps, limits on undesignated budget reserves,
  111  and procedures for establishing rollback rates for ad valorem
  112  taxes and budget adoption. If surtax collections exceed
  113  projected collections in any fiscal year, any surplus
  114  distribution must be used to further reduce ad valorem taxes in
  115  the next fiscal year.
  116         (h)Municipalities, special fire control and rescue
  117  districts, and contract service providers that do not enter into
  118  an interlocal agreement are not entitled to receive a portion of
  119  the proceeds of the surtax collected under this subsection.
  120         Section 2. This act shall take effect July 1, 2009.
  121  
  122  ================= T I T L E  A M E N D M E N T ================
  123         And the title is amended as follows:
  124         Delete everything before the enacting clause
  125  and insert:
  126                        A bill to be entitled                      
  127         An act relating to discretionary sales surtaxes;
  128         amending s. 212.055, F.S.; authorizing certain
  129         counties to levy by ordinance a discretionary sales
  130         surtax for emergency fire rescue services and
  131         facilities under certain circumstances; providing for
  132         the designation of a regional service provider;
  133         requiring a referendum; providing for distribution of
  134         surtax proceeds; authorizing an administrative fee;
  135         providing for interlocal agreements; requiring an
  136         agreement for certain municipalities; providing
  137         agreement requirements; requiring participating
  138         entities to provide a certain level of service and
  139         personnel; requiring a reduction in the budget for ad
  140         valorem tax levies and non-ad valorem assessments for
  141         emergency fire rescue service by the amount of the
  142         estimated surtax; requiring any surplus surtax
  143         revenues to be used to further reduce ad valorem
  144         taxes; prohibiting entities not entering into an
  145         interlocal agreement from receiving a portion of
  146         surtax proceeds; providing an effective date.