House Bill 0289

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    Florida House of Representatives - 1999                 HB 289

        By Representative K. 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, 1998 Supplement, is amended to

21  read:

22         212.055  Discretionary sales surtaxes; legislative

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

24  legislative intent that any authorization for imposition of a

25  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

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    Florida House of Representatives - 1999                 HB 289

    60-263A-99






  1  be expended; and such other requirements as the Legislature

  2  may provide.  Taxable transactions and administrative

  3  procedures shall be as provided in s. 212.054.

  4         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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

  6  subsection and any interest accrued thereto shall be expended

  7  by the school district or within the county and municipalities

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

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

10  construct infrastructure and to acquire land for public

11  recreation or conservation or protection of natural resources

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

13  owned solid waste landfills that are already closed or are

14  required to close by order of the Department of Environmental

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

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

17  Neither the proceeds nor any interest accrued thereto shall be

18  used for operational expenses of any infrastructure, except

19  that any county with a population of less than 75,000 that is

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

21  Environmental Protection may use the proceeds or any interest

22  accrued thereto for long-term maintenance costs associated

23  with landfill closure. Counties, as defined in s. 125.011(1),

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

25  any interest accrued thereto to retire or service indebtedness

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

27  infrastructure purposes, and for bonds subsequently issued to

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

29  purposes of retiring or servicing indebtedness incurred for

30  such refunding bonds prior to July 1, 1999, is ratified.

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    Florida House of Representatives - 1999                 HB 289

    60-263A-99






  1         2.  For the purposes of this paragraph,

  2  "infrastructure" means:

  3         a.  Any fixed capital expenditure or fixed capital

  4  outlay associated with the construction, reconstruction, or

  5  improvement of public facilities which have a life expectancy

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

  7  design, and engineering costs related thereto.

  8         b.  A fire department vehicle, an emergency medical

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

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

11  necessary to outfit the vehicle for its official use or

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

13         3.  Notwithstanding any other provision of this

14  subsection, a discretionary sales surtax imposed or extended

15  after the effective date of this act may provide for an amount

16  not to exceed 15 percent of the local option sales surtax

17  proceeds to be allocated for deposit to a trust fund within

18  the county's accounts created for the purpose of funding

19  economic development projects of a general public purpose

20  targeted to improve local economies, including the funding of

21  operational costs and incentives related to such economic

22  development. The ballot statement must indicate the intention

23  to make an allocation under the authority of this

24  subparagraph.

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

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    Florida House of Representatives - 1999                 HB 289

    60-263A-99






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  2                          HOUSE SUMMARY

  3
      Revises provisions which authorize Dade County to use
  4    local government infrastructure surtax proceeds to retire
      or service indebtedness for bonds issued before July 1,
  5    1987, for infrastructure purposes.  Includes charter
      counties within such authorization.  Authorizes use of
  6    interest accrued on tax proceeds for such purpose.
      Extends such authorization to bonds subsequently issued
  7    to refund such bonds.  Ratifies prior use of tax proceeds
      and interest for such refunding bonds.
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