Senate Bill 1112

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    Florida Senate - 1999                                  SB 1112

    By Senator Campbell





    33-578-99

  1                      A bill to be entitled

  2         An act relating to discretionary sales

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

  4         authorizing any county to impose a county land

  5         use, environmental preservation, and growth

  6         control surtax by referendum; providing rate

  7         and time limitations; providing for the use of

  8         the surtax proceeds; providing an effective

  9         date.

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

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13         Section 1.  Subsection (8) is added to section 212.055,

14  Florida Statutes, 1998 Supplement, to read:

15         212.055  Discretionary sales surtaxes; legislative

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

17  legislative intent that any authorization for imposition of a

18  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

25  be expended; and such other requirements as the Legislature

26  may provide.  Taxable transactions and administrative

27  procedures shall be as provided in s. 212.054.

28         (8)  COUNTY LAND USE, ENVIRONMENTAL PRESERVATION, AND

29  GROWTH CONTROL SURTAX.--

30         (a)  Any county may levy a county land use,

31  environmental preservation, and growth control discretionary

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    Florida Senate - 1999                                  SB 1112
    33-578-99




  1  sales surtax by ordinance conditioned to take effect only upon

  2  approval by a majority vote of the electors of the county

  3  voting in a referendum in accordance with s. 101.161. The rate

  4  of the surtax may not exceed 1 percent, and the surtax may not

  5  be imposed for longer than 10 years.

  6         (b)  The proceeds of the surtax imposed under this

  7  subsection may be used to:

  8         1.  Acquire fee interests or easements in lands to

  9  create county parks and recreation areas for the purpose, in

10  whole or in part, of conserving land, preserving green spaces,

11  preserving open spaces, and establishing green belts;

12         2.  Acquire fee interests or easements in lands for the

13  purpose of restoring or preserving ecosystems and natural

14  wildlife habitats;

15         3.  Acquire fee interests or easements in lands for the

16  purpose of protecting water quality or local water

17  availability, including in lands intended to serve as water

18  recharge areas;

19         4.  Acquire fee interests or easements in lands for the

20  purpose of limiting lands that are available for development

21  to encourage urban infill development, to encourage higher

22  density development than might otherwise occur, and to

23  moderate the rate of population growth in a geographic area;

24  and

25         5.  Compensate landowners for the loss of any

26  constitutionally protected property right, including reduced

27  value of land, which is the result of county government

28  restrictions enacted after July 1, 1999, on land development,

29  to achieve any of the purposes provided in this paragraph.

30         Section 2.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                  SB 1112
    33-578-99




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  2                          SENATE SUMMARY

  3    Authorizes any county to impose a discretionary sales
      surtax for the purposes of land use, environmental
  4    preservation, and growth control. Requires a majority
      vote of the electors in the county voting in a referendum
  5    to impose the surtax. Provides for the use of the surtax
      proceeds.
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