Florida Senate - 2016                                    SB 1100
       
       
        
       By Senator Brandes
       
       22-00363A-16                                          20161100__
    1                        A bill to be entitled                      
    2         An act relating to local tax referenda; amending s.
    3         212.055, F.S.; requiring local government
    4         discretionary sales surtax referenda to be held on the
    5         day of a general election; requiring the approval of a
    6         specified percentage of the electors voting in a
    7         referendum election to adopt or amend a local
    8         government discretionary sales surtax; prohibiting use
    9         of state or county funds and use of county or school
   10         district materials or publications to promote or
   11         advertise proposed surtax referenda for certain
   12         discretionary sales surtaxes; providing an exception;
   13         defining the term “day of a general election”;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (c) of subsection (1), paragraph (a)
   19  of subsection (2), paragraph (a) of subsection (3), paragraphs
   20  (a) and (b) of subsection (4), subsection (5), paragraph (a) of
   21  subsection (6), paragraph (a) of subsection (7), and paragraph
   22  (b) of subsection (8) of section 212.055, Florida Statutes, are
   23  amended, and subsections (9) and (10) are added to that section,
   24  to read:
   25         212.055 Discretionary sales surtaxes; legislative intent;
   26  authorization and use of proceeds.—It is the legislative intent
   27  that any authorization for imposition of a discretionary sales
   28  surtax shall be published in the Florida Statutes as a
   29  subsection of this section, irrespective of the duration of the
   30  levy. Each enactment shall specify the types of counties
   31  authorized to levy; the rate or rates which may be imposed; the
   32  maximum length of time the surtax may be imposed, if any; the
   33  procedure which must be followed to secure voter approval, if
   34  required; the purpose for which the proceeds may be expended;
   35  and such other requirements as the Legislature may provide.
   36  Taxable transactions and administrative procedures shall be as
   37  provided in s. 212.054.
   38         (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
   39  SURTAX.—
   40         (c) The proposal to adopt a discretionary sales surtax as
   41  provided in this subsection and to create a trust fund within
   42  the county accounts shall be placed on the ballot in accordance
   43  with law and must be approved by at least 60 percent of the
   44  electors voting in a referendum held on the day of a general
   45  election at a time to be set at the discretion of the governing
   46  body.
   47         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
   48         (a)1. The governing authority in each county may levy a
   49  discretionary sales surtax of 0.5 percent or 1 percent. The levy
   50  of the surtax shall be pursuant to ordinance enacted by a
   51  majority of the members of the county governing authority and
   52  approved by at least 60 percent a majority of the electors of
   53  the county voting in a referendum on the surtax held on the day
   54  of a general election. If the governing bodies of the
   55  municipalities representing a majority of the county’s
   56  population adopt uniform resolutions establishing the rate of
   57  the surtax and calling for a referendum on the surtax, the levy
   58  of the surtax shall be placed on the ballot and shall take
   59  effect if approved by at least 60 percent a majority of the
   60  electors of the county voting in the referendum on the surtax
   61  held on the day of a general election.
   62         2. If the surtax was levied pursuant to a referendum held
   63  before July 1, 1993, the surtax may not be levied beyond the
   64  time established in the ordinance, or, if the ordinance did not
   65  limit the period of the levy, the surtax may not be levied for
   66  more than 15 years. The levy of such surtax may be extended only
   67  by approval of at least 60 percent a majority of the electors of
   68  the county voting in a referendum on the surtax held on the day
   69  of a general election.
   70         (3) SMALL COUNTY SURTAX.—
   71         (a) The governing authority in each county that has a
   72  population of 50,000 or fewer 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 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 at
   79  least 60 percent a majority of the electors of the county voting
   80  in a referendum on the surtax held on the day of a general
   81  election.
   82         (4) INDIGENT CARE AND TRAUMA CENTER SURTAX.—
   83         (a)1. The governing body in each county the government of
   84  which is not consolidated with that of one or more
   85  municipalities, which has a population of at least 800,000
   86  residents and is not authorized to levy a surtax under
   87  subsection (5), may levy, pursuant to an ordinance either
   88  approved by an extraordinary vote of the governing body or
   89  conditioned to take effect only upon approval by at least 60
   90  percent a majority vote of the electors of the county voting in
   91  a referendum, a discretionary sales surtax at a rate that may
   92  not exceed 0.5 percent.
   93         2. If the ordinance is conditioned on a referendum, a
   94  statement that includes a brief and general description of the
   95  purposes to be funded by the surtax and that conforms to the
   96  requirements of s. 101.161 shall be placed on the ballot by the
   97  governing body of the county. The referendum must be held on the
   98  day of a general election. The following questions shall be
   99  placed on the ballot:
  100  
  101                       FOR THE. . . .CENTS TAX                     
  102                     AGAINST THE. . . .CENTS TAX                   
  103  
  104         3. The ordinance adopted by the governing body providing
  105  for the imposition of the surtax shall set forth a plan for
  106  providing health care services to qualified residents, as
  107  defined in subparagraph 4. Such plan and subsequent amendments
  108  to it shall fund a broad range of health care services for both
  109  indigent persons and the medically poor, including, but not
  110  limited to, primary care and preventive care as well as hospital
  111  care. The plan must also address the services to be provided by
  112  the Level I trauma center. It shall emphasize a continuity of
  113  care in the most cost-effective setting, taking into
  114  consideration both a high quality of care and geographic access.
  115  Where consistent with these objectives, it shall include,
  116  without limitation, services rendered by physicians, clinics,
  117  community hospitals, mental health centers, and alternative
  118  delivery sites, as well as at least one regional referral
  119  hospital where appropriate. It shall provide that agreements
  120  negotiated between the county and providers, including hospitals
  121  with a Level I trauma center, will include reimbursement
  122  methodologies that take into account the cost of services
  123  rendered to eligible patients, recognize hospitals that render a
  124  disproportionate share of indigent care, provide other
  125  incentives to promote the delivery of charity care, promote the
  126  advancement of technology in medical services, recognize the
  127  level of responsiveness to medical needs in trauma cases, and
  128  require cost containment including, but not limited to, case
  129  management. It must also provide that any hospitals that are
  130  owned and operated by government entities on May 21, 1991, must,
  131  as a condition of receiving funds under this subsection, afford
  132  public access equal to that provided under s. 286.011 as to
  133  meetings of the governing board, the subject of which is
  134  budgeting resources for the rendition of charity care as that
  135  term is defined in the Florida Hospital Uniform Reporting System
  136  (FHURS) manual referenced in s. 408.07. The plan shall also
  137  include innovative health care programs that provide cost
  138  effective alternatives to traditional methods of service
  139  delivery and funding.
  140         4. For the purpose of this paragraph, the term “qualified
  141  resident” means residents of the authorizing county who are:
  142         a. Qualified as indigent persons as certified by the
  143  authorizing county;
  144         b. Certified by the authorizing county as meeting the
  145  definition of the medically poor, defined as persons having
  146  insufficient income, resources, and assets to provide the needed
  147  medical care without using resources required to meet basic
  148  needs for shelter, food, clothing, and personal expenses; or not
  149  being eligible for any other state or federal program, or having
  150  medical needs that are not covered by any such program; or
  151  having insufficient third-party insurance coverage. In all
  152  cases, the authorizing county is intended to serve as the payor
  153  of last resort; or
  154         c. Participating in innovative, cost-effective programs
  155  approved by the authorizing county.
  156         5. Moneys collected pursuant to this paragraph remain the
  157  property of the state and shall be distributed by the Department
  158  of Revenue on a regular and periodic basis to the clerk of the
  159  circuit court as ex officio custodian of the funds of the
  160  authorizing county. The clerk of the circuit court shall:
  161         a. Maintain the moneys in an indigent health care trust
  162  fund;
  163         b. Invest any funds held on deposit in the trust fund
  164  pursuant to general law;
  165         c. Disburse the funds, including any interest earned, to
  166  any provider of health care services, as provided in
  167  subparagraphs 3. and 4., upon directive from the authorizing
  168  county. However, if a county has a population of at least
  169  800,000 residents and has levied the surtax authorized in this
  170  paragraph, notwithstanding any directive from the authorizing
  171  county, on October 1 of each calendar year, the clerk of the
  172  court shall issue a check in the amount of $6.5 million to a
  173  hospital in its jurisdiction that has a Level I trauma center or
  174  shall issue a check in the amount of $3.5 million to a hospital
  175  in its jurisdiction that has a Level I trauma center if that
  176  county enacts and implements a hospital lien law in accordance
  177  with chapter 98-499, Laws of Florida. The issuance of the checks
  178  on October 1 of each year is provided in recognition of the
  179  Level I trauma center status and shall be in addition to the
  180  base contract amount received during fiscal year 1999-2000 and
  181  any additional amount negotiated to the base contract. If the
  182  hospital receiving funds for its Level I trauma center status
  183  requests such funds to be used to generate federal matching
  184  funds under Medicaid, the clerk of the court shall instead issue
  185  a check to the Agency for Health Care Administration to
  186  accomplish that purpose to the extent that it is allowed through
  187  the General Appropriations Act; and
  188         d. Prepare on a biennial basis an audit of the trust fund
  189  specified in sub-subparagraph a. Commencing February 1, 2004,
  190  such audit shall be delivered to the governing body and to the
  191  chair of the legislative delegation of each authorizing county.
  192         6. Notwithstanding any other provision of this section, a
  193  county shall not levy local option sales surtaxes authorized in
  194  this paragraph and subsections (2) and (3) in excess of a
  195  combined rate of 1 percent.
  196         (b) Notwithstanding any other provision of this section,
  197  the governing body in each county the government of which is not
  198  consolidated with that of one or more municipalities and which
  199  has a population of fewer less than 800,000 residents, may levy,
  200  by ordinance subject to approval by at least 60 percent a
  201  majority of the electors of the county voting in a referendum, a
  202  discretionary sales surtax at a rate that may not exceed 0.25
  203  percent for the sole purpose of funding trauma services provided
  204  by a trauma center licensed pursuant to chapter 395. The
  205  referendum must be held on the day of a general election.
  206         1. A statement that includes a brief and general
  207  description of the purposes to be funded by the surtax and that
  208  conforms to the requirements of s. 101.161 shall be placed on
  209  the ballot by the governing body of the county. The following
  210  shall be placed on the ballot:
  211  
  212                       FOR THE. . . .CENTS TAX                     
  213                     AGAINST THE. . . .CENTS TAX                   
  214  
  215         2. The ordinance adopted by the governing body of the
  216  county providing for the imposition of the surtax shall set
  217  forth a plan for providing trauma services to trauma victims
  218  presenting in the trauma service area in which such county is
  219  located.
  220         3. Moneys collected pursuant to this paragraph remain the
  221  property of the state and shall be distributed by the Department
  222  of Revenue on a regular and periodic basis to the clerk of the
  223  circuit court as ex officio custodian of the funds of the
  224  authorizing county. The clerk of the circuit court shall:
  225         a. Maintain the moneys in a trauma services trust fund.
  226         b. Invest any funds held on deposit in the trust fund
  227  pursuant to general law.
  228         c. Disburse the funds, including any interest earned on
  229  such funds, to the trauma center in its trauma service area, as
  230  provided in the plan set forth pursuant to subparagraph 2., upon
  231  directive from the authorizing county. If the trauma center
  232  receiving funds requests such funds be used to generate federal
  233  matching funds under Medicaid, the custodian of the funds shall
  234  instead issue a check to the Agency for Health Care
  235  Administration to accomplish that purpose to the extent that the
  236  agency is allowed through the General Appropriations Act.
  237         d. Prepare on a biennial basis an audit of the trauma
  238  services trust fund specified in sub-subparagraph a., to be
  239  delivered to the authorizing county.
  240         4. A discretionary sales surtax imposed pursuant to this
  241  paragraph shall expire 4 years after the effective date of the
  242  surtax, unless reenacted by ordinance subject to approval by at
  243  least 60 percent a majority of the electors of the county voting
  244  in a subsequent referendum held on the day of a general
  245  election.
  246         5. Notwithstanding any other provision of this section, a
  247  county shall not levy local option sales surtaxes authorized in
  248  this paragraph and subsections (2) and (3) in excess of a
  249  combined rate of 1 percent.
  250         (5) COUNTY PUBLIC HOSPITAL SURTAX.—Any county as defined in
  251  s. 125.011(1) may levy the surtax authorized in this subsection
  252  pursuant to an ordinance either approved by extraordinary vote
  253  of the county commission or conditioned to take effect only upon
  254  approval by at least 60 percent a majority vote of the electors
  255  of the county voting in a referendum. In a county as defined in
  256  s. 125.011(1), for the purposes of this subsection, “county
  257  public general hospital” means a general hospital as defined in
  258  s. 395.002 which is owned, operated, maintained, or governed by
  259  the county or its agency, authority, or public health trust.
  260         (a) The rate shall be 0.5 percent.
  261         (b) If the ordinance is conditioned on a referendum, the
  262  proposal to adopt the county public hospital surtax shall be
  263  placed on the ballot in accordance with law at a time to be set
  264  at the discretion of the governing body. The referendum must be
  265  held on the day of a general election. The referendum question
  266  on the ballot shall include a brief general description of the
  267  health care services to be funded by the surtax.
  268         (c) Proceeds from the surtax shall be:
  269         1. Deposited by the county in a special fund, set aside
  270  from other county funds, to be used only for the operation,
  271  maintenance, and administration of the county public general
  272  hospital; and
  273         2. Remitted promptly by the county to the agency,
  274  authority, or public health trust created by law which
  275  administers or operates the county public general hospital.
  276         (d) Except as provided in subparagraphs 1. and 2., the
  277  county must continue to contribute each year an amount equal to
  278  at least 80 percent of that percentage of the total county
  279  budget appropriated for the operation, administration, and
  280  maintenance of the county public general hospital from the
  281  county’s general revenues in the fiscal year of the county
  282  ending September 30, 1991:
  283         1. Twenty-five percent of such amount must be remitted to a
  284  governing board, agency, or authority that is wholly independent
  285  from the public health trust, agency, or authority responsible
  286  for the county public general hospital, to be used solely for
  287  the purpose of funding the plan for indigent health care
  288  services provided for in paragraph (e);
  289         2. However, in the first year of the plan, a total of $10
  290  million shall be remitted to such governing board, agency, or
  291  authority, to be used solely for the purpose of funding the plan
  292  for indigent health care services provided for in paragraph (e),
  293  and in the second year of the plan, a total of $15 million shall
  294  be so remitted and used.
  295         (e) A governing board, agency, or authority shall be
  296  chartered by the county commission upon this act becoming law.
  297  The governing board, agency, or authority shall adopt and
  298  implement a health care plan for indigent health care services.
  299  The governing board, agency, or authority shall consist of no
  300  more than seven and no fewer than five members appointed by the
  301  county commission. The members of the governing board, agency,
  302  or authority shall be at least 18 years of age and residents of
  303  the county. No member may be employed by or affiliated with a
  304  health care provider or the public health trust, agency, or
  305  authority responsible for the county public general hospital.
  306  The following community organizations shall each appoint a
  307  representative to a nominating committee: the South Florida
  308  Hospital and Healthcare Association, the Miami-Dade County
  309  Public Health Trust, the Dade County Medical Association, the
  310  Miami-Dade County Homeless Trust, and the Mayor of Miami-Dade
  311  County. This committee shall nominate between 10 and 14 county
  312  citizens for the governing board, agency, or authority. The
  313  slate shall be presented to the county commission and the county
  314  commission shall confirm the top five to seven nominees,
  315  depending on the size of the governing board. Until such time as
  316  the governing board, agency, or authority is created, the funds
  317  provided for in subparagraph (d)2. shall be placed in a
  318  restricted account set aside from other county funds and not
  319  disbursed by the county for any other purpose.
  320         1. The plan shall divide the county into a minimum of four
  321  and maximum of six service areas, with no more than one
  322  participant hospital per service area. The county public general
  323  hospital shall be designated as the provider for one of the
  324  service areas. Services shall be provided through participants’
  325  primary acute care facilities.
  326         2. The plan and subsequent amendments to it shall fund a
  327  defined range of health care services for both indigent persons
  328  and the medically poor, including primary care, preventive care,
  329  hospital emergency room care, and hospital care necessary to
  330  stabilize the patient. For the purposes of this section,
  331  “stabilization” means stabilization as defined in s.
  332  397.311(41). Where consistent with these objectives, the plan
  333  may include services rendered by physicians, clinics, community
  334  hospitals, and alternative delivery sites, as well as at least
  335  one regional referral hospital per service area. The plan shall
  336  provide that agreements negotiated between the governing board,
  337  agency, or authority and providers shall recognize hospitals
  338  that render a disproportionate share of indigent care, provide
  339  other incentives to promote the delivery of charity care to draw
  340  down federal funds where appropriate, and require cost
  341  containment, including, but not limited to, case management.
  342  From the funds specified in subparagraphs (d)1. and 2. for
  343  indigent health care services, service providers shall receive
  344  reimbursement at a Medicaid rate to be determined by the
  345  governing board, agency, or authority created pursuant to this
  346  paragraph for the initial emergency room visit, and a per-member
  347  per-month fee or capitation for those members enrolled in their
  348  service area, as compensation for the services rendered
  349  following the initial emergency visit. Except for provisions of
  350  emergency services, upon determination of eligibility,
  351  enrollment shall be deemed to have occurred at the time services
  352  were rendered. The provisions for specific reimbursement of
  353  emergency services shall be repealed on July 1, 2001, unless
  354  otherwise reenacted by the Legislature. The capitation amount or
  355  rate shall be determined prior to program implementation by an
  356  independent actuarial consultant. In no event shall such
  357  reimbursement rates exceed the Medicaid rate. The plan must also
  358  provide that any hospitals owned and operated by government
  359  entities on or after the effective date of this act must, as a
  360  condition of receiving funds under this subsection, afford
  361  public access equal to that provided under s. 286.011 as to any
  362  meeting of the governing board, agency, or authority the subject
  363  of which is budgeting resources for the retention of charity
  364  care, as that term is defined in the rules of the Agency for
  365  Health Care Administration. The plan shall also include
  366  innovative health care programs that provide cost-effective
  367  alternatives to traditional methods of service and delivery
  368  funding.
  369         3. The plan’s benefits shall be made available to all
  370  county residents currently eligible to receive health care
  371  services as indigents or medically poor as defined in paragraph
  372  (4)(d).
  373         4. Eligible residents who participate in the health care
  374  plan shall receive coverage for a period of 12 months or the
  375  period extending from the time of enrollment to the end of the
  376  current fiscal year, per enrollment period, whichever is less.
  377         5. At the end of each fiscal year, the governing board,
  378  agency, or authority shall prepare an audit that reviews the
  379  budget of the plan, delivery of services, and quality of
  380  services, and makes recommendations to increase the plan’s
  381  efficiency. The audit shall take into account participant
  382  hospital satisfaction with the plan and assess the amount of
  383  poststabilization patient transfers requested, and accepted or
  384  denied, by the county public general hospital.
  385         (f) Notwithstanding any other provision of this section, a
  386  county may not levy local option sales surtaxes authorized in
  387  this subsection and subsections (2) and (3) in excess of a
  388  combined rate of 1 percent.
  389         (6) SCHOOL CAPITAL OUTLAY SURTAX.—
  390         (a) The school board in each county may levy, pursuant to
  391  resolution conditioned to take effect only upon approval by at
  392  least 60 percent a majority vote of the electors of the county
  393  voting in a referendum, a discretionary sales surtax at a rate
  394  that may not exceed 0.5 percent. The referendum must be held on
  395  the day of a general election.
  396         (7) VOTER-APPROVED INDIGENT CARE SURTAX.—
  397         (a)1. The governing body in each county that has a
  398  population of fewer than 800,000 residents may levy an indigent
  399  care surtax pursuant to an ordinance conditioned to take effect
  400  only upon approval by at least 60 percent a majority vote of the
  401  electors of the county voting in a referendum held on the day of
  402  a general election. The surtax may be levied at a rate not to
  403  exceed 0.5 percent, except that if a publicly supported medical
  404  school is located in the county, the rate shall not exceed 1
  405  percent.
  406         2. Notwithstanding subparagraph 1., the governing body of
  407  any county that has a population of fewer than 50,000 residents
  408  may levy an indigent care surtax pursuant to an ordinance
  409  conditioned to take effect only upon approval by at least 60
  410  percent a majority vote of the electors of the county voting in
  411  a referendum held on the day of a general election. The surtax
  412  may be levied at a rate not to exceed 1 percent.
  413         (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.—
  414         (b) Upon the adoption of the ordinance, the levy of the
  415  surtax must be placed on the ballot by the governing authority
  416  of the county enacting the ordinance. The ordinance will take
  417  effect if approved by at least 60 percent a majority of the
  418  electors of the county voting in a referendum held on the day of
  419  a general election for such purpose. The referendum shall be
  420  placed on the ballot of a regularly scheduled election. The
  421  ballot for the referendum must conform to the requirements of s.
  422  101.161.
  423         (9)FUNDING FOR DISCRETIONARY SALES SURTAXES.—Except for
  424  the use of county or school district funds appropriated
  425  specifically for the purpose of promoting or advertising a
  426  proposed surtax, a county or school district may not expend
  427  state or county funds or use county or school district materials
  428  or publications to promote or advertise a proposed surtax
  429  referendum to the electors of the county for any surtax
  430  identified in this section.
  431         (10)DEFINITION.—For purposes of this section, the term
  432  “day of a general election” means the day that a general
  433  election, as defined in s. 97.021, is held, which as provided in
  434  s. 5, Art. VI of the State Constitution may be suspended or
  435  delayed due to a state of emergency or impending emergency.
  436         Section 2. This act shall take effect July 1, 2016.