Senate Bill 1632

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                  SB 1632

    By Senator Horne





    6-803-98

  1                      A bill to be entitled

  2         An act relating to local government finance;

  3         amending s. 212.055, F.S.; authorizing charter

  4         counties and counties as defined in s. 125.011,

  5         F.S., to use the proceeds of local government

  6         infrastructure surtax revenues and interest

  7         thereon to retire or service indebtedness

  8         incurred for certain bonds and to refund bonds

  9         issued after a specified date; ratifying any

10         use of such proceeds or interest for purposes

11         of retiring or servicing indebtedness incurred

12         before the effective date of this act for

13         refunding certain bonds; providing an effective

14         date.

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

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18         Section 1.  Paragraph (d) of subsection (2) of section

19  212.055, Florida Statutes, as amended by section 17 of chapter

20  97-384, Laws of Florida, is amended to read:

21         212.055  Discretionary sales surtaxes; legislative

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

23  legislative intent that any authorization for imposition of a

24  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

31  be expended; and such other requirements as the Legislature

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    Florida Senate - 1998                                  SB 1632
    6-803-98




  1  may provide.  Taxable transactions and administrative

  2  procedures shall be as provided in s. 212.054.

  3         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

  4         (d)1.  The proceeds of the surtax authorized by this

  5  subsection and any interest accrued thereto shall be expended

  6  by the school district or within the county and municipalities

  7  within the county, or, in the case of a negotiated joint

  8  county agreement, within another county, to finance, plan, and

  9  construct infrastructure and to acquire land for public

10  recreation or conservation or protection of natural resources

11  and to finance the closure of county-owned or municipally

12  owned solid waste landfills that are already closed or are

13  required to close by order of the Department of Environmental

14  Protection. Any use of such proceeds or interest for purposes

15  of landfill closure prior to July 1, 1993, is ratified.

16  Neither the proceeds nor any interest accrued thereto shall be

17  used for operational expenses of any infrastructure, except

18  that any county with a population of less than 50,000 that is

19  required to close a landfill by order of the Department of

20  Environmental Protection may use the proceeds or any interest

21  accrued thereto for long-term maintenance costs associated

22  with landfill closure. Charter counties and counties, as

23  defined in s. 125.011(1), may, in addition, use the proceeds

24  and any interest accrued thereon to retire or service

25  indebtedness incurred for bonds issued prior to July 1, 1987,

26  for infrastructure purposes and, for bonds subsequently

27  issued, to refund such bonds.

28         2.  For the purposes of this paragraph,

29  "infrastructure" means:

30         a.  Any fixed capital expenditure or fixed capital

31  outlay associated with the construction, reconstruction, or

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    Florida Senate - 1998                                  SB 1632
    6-803-98




  1  improvement of public facilities which have a life expectancy

  2  of 5 or more years and any land acquisition, land improvement,

  3  design, and engineering costs related thereto.

  4         b.  A fire department vehicle, an emergency medical

  5  service vehicle, a sheriff's office vehicle, a police

  6  department vehicle, or any other vehicle, and such equipment

  7  necessary to outfit the vehicle for its official use or

  8  equipment that has a life expectancy of at least 5 years.

  9         Section 2.  Any use of the proceeds of the surtax

10  authorized by subsection (2) of section 212.055, Florida

11  Statutes, or of any interest accrued on such proceeds, for

12  purposes of retiring or servicing indebtedness incurred before

13  July 1, 1998, for refunding bonds issued after July 1, 1987,

14  is ratified.

15         Section 3.  This act shall take effect July 1, 1998.

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18                          SENATE SUMMARY

19    Authorizes charter counties and counties as defined in s.
      125.011, F.S., to use the proceeds and interest of local
20    government infrastructure surtax revenues to retire or
      service indebtedness incurred for bonds issued before
21    July 1, 1987, for infrastructure purposes, and for bonds
      subsequently issued to refund such bonds. Ratifies any
22    use of such proceeds or interest for purposes of retiring
      or servicing indebtedness incurred before the effective
23    date of this act for such refunding bonds.

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