House Bill 3745

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    Florida House of Representatives - 1998                HB 3745

        By Representative Smith






  1                      A bill to be entitled

  2         An act relating to the local government

  3         infrastructure surtax; amending s. 212.055,

  4         F.S.; revising provisions which authorize

  5         certain counties to use tax proceeds to retire

  6         or service indebtedness for bonds issued before

  7         July 1, 1987, for infrastructure purposes;

  8         including charter counties within such

  9         authorization; authorizing use of interest

10         accrued on tax proceeds for such purpose;

11         extending such authorization to bonds

12         subsequently issued to refund such bonds;

13         ratifying prior use of tax proceeds and

14         interest for such refunding bonds; providing an

15         effective date.

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

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

20  212.055, Florida Statutes, 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 House of Representatives - 1998                HB 3745

    60-263-98






  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. Counties, as defined in s. 125.011(1),

23  and charter counties may, in addition, use the proceeds and

24  any interest accrued thereto to retire or service indebtedness

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

26  infrastructure purposes, and for bonds subsequently issued to

27  refund such bonds.  Any use of such proceeds or interest for

28  purposes of retiring or servicing indebtedness incurred for

29  such refunding bonds prior to July 1, 1998, is ratified.

30         2.  For the purposes of this paragraph,

31  "infrastructure" means:

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    Florida House of Representatives - 1998                HB 3745

    60-263-98






  1         a.  Any fixed capital expenditure or fixed capital

  2  outlay associated with the construction, reconstruction, or

  3  improvement of public facilities which have a life expectancy

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

  5  design, and engineering costs related thereto.

  6         b.  A fire department vehicle, an emergency medical

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

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

  9  necessary to outfit the vehicle for its official use or

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

11         Section 2.  This act shall take effect July 1 of the

12  year in which enacted.

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15                          HOUSE SUMMARY

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      Revises provisions which authorize Dade County to use
17    local government infrastructure surtax proceeds to retire
      or service indebtedness for bonds issued before July 1,
18    1987, for infrastructure purposes.  Includes charter
      counties within such authorization.  Authorizes use of
19    interest accrued on tax proceeds for such purpose.
      Extends such authorization to bonds subsequently issued
20    to refund such bonds.  Ratifies prior use of tax proceeds
      and interest for such refunding bonds.
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