SENATE AMENDMENT

    Bill No. HB 289

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Burt moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, between lines 24 and 25,

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16  insert:

17         (8)  LOCAL LAW ENFORCEMENT SURTAX.--

18         (a)  Any county may levy a discretionary sales surtax

19  of .05 percent or 1 percent pursuant to an ordinance approved

20  by an extraordinary vote of the county governing authority or

21  approved by a majority vote of the county governing authority

22  and conditioned to take effect upon approval by a majority

23  vote of the electors of the county voting in a referendum. As

24  used in this subsection, the term "local law enforcement

25  agency" means a Sheriff's Office or any municipal police

26  department that possesses law enforcement responsibilities and

27  which has jurisdictional boundaries that are totally within a

28  single county.

29         (b)  The proceeds and interest of the surtax may be

30  used for the operation, equipment, administration, and

31  maintenance of the local law enforcement agencies specified in

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                                                  SENATE AMENDMENT

    Bill No. HB 289

    Amendment No.    





 1  the ordinance approved by the county governing authority.

 2         (c)  A municipality within the county that operates a

 3  municipal police department or contracts with another local

 4  law enforcement agency for such services may receive a portion

 5  of the proceeds of the surtax, if the governing body of the

 6  municipality approves a resolution in support of the county

 7  ordinance and which requests to receive a portion of the

 8  surtax proceeds. The resolution must be approved and

 9  transmitted to the county governing authority prior to any

10  referendum, but no later than 30 days after the county surtax

11  ordinance is approved. If the surtax requires approval in a

12  referendum, the governing body of the municipality must

13  approve the resolution by a simple majority. If the surtax is

14  approved solely by an extraordinary majority of the county

15  governing authority, the governing body of the municipality

16  must approve the resolution by an extraordinary majority. The

17  proceeds and interest from the surtax shall be distributed as

18  provided in s. 212.055(e)2.

19         (d)  If the ordinance is conditioned upon a referendum,

20  the proposal to adopt the local law enforcement surtax shall

21  be placed on the ballot in accordance with law at a time to be

22  set at the discretion of the county governing authority. The

23  referendum question on the ballot shall include a brief and

24  general description of the local law enforcement services to

25  be funded by the surtax and the statement must conform to the

26  requirements of s. 101.161 and be placed on the ballot by the

27  county governing authority. The following question shall be

28  placed on the ballot:

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30                     FOR THE           CENTS TAX

31                     AGAINST THE       CENTS TAX

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                                                  SENATE AMENDMENT

    Bill No. HB 289

    Amendment No.    





 1         (e)  Proceeds from the surtax shall be:

 2         1.  Deposited by the county in a special fund, set

 3  aside from other county funds, to be used only for the

 4  operation, equipment, administration, and maintenance of the

 5  local law enforcement agencies specified by the ordinance.

 6         2.  If the proceeds are to be distributed to one or

 7  more municipalities, the amount of the proceeds remitted to

 8  each municipality shall be pursuant to s. 218.62(3), with the

 9  remainder remitted to the Sheriff's Office of the county.

10         (f)  The surtax may not be levied beyond the time

11  established in the ordinance, or, if the ordinance does not

12  limit the period of the levy, for more than 12 years. The levy

13  may be extended only by approval by an extraordinary majority

14  vote, of the county governing authority or by a majority of

15  the electors of the county voting in a referendum on the

16  surtax.

17         (g)  Counties and municipalities may not use the surtax

18  proceeds to supplant or replace user fees or to reduce ad

19  valorem taxes necessary to maintain the level of local law

20  enforcement services existing prior to the levy of the surtax.

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23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         On page 1, line 14, after the semicolon

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27  insert:

28         providing for the levy of a local law

29         enforcement surtax; providing guidelines and

30         limitations on the levy of the surtax and on

31         the use of proceeds;

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