House Bill 0563

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







    Florida House of Representatives - 1999                 HB 563

        By Representative Levine






  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 levy a county land

  5         use, environmental preservation, and growth

  6         control surtax; providing the maximum rate and

  7         period of levy; requiring referendum approval;

  8         providing for use of the proceeds; providing

  9         for administration; providing an effective

10         date.

11

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

13

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

15  Florida Statutes, 1998 Supplement, to read:

16         212.055  Discretionary sales surtaxes; legislative

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

18  legislative intent that any authorization for imposition of a

19  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

26  be expended; and such other requirements as the Legislature

27  may provide.  Taxable transactions and administrative

28  procedures shall be as provided in s. 212.054.

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

30  GROWTH CONTROL SURTAX.--

31

                                  1

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






    Florida House of Representatives - 1999                 HB 563

    707-103-99






  1         (a)  The governing body of any county may levy a

  2  discretionary sales surtax pursuant to this subsection. The

  3  levy of the surtax shall be pursuant to ordinance approved by

  4  a majority of the electors of the county voting in a

  5  referendum on the surtax.

  6         (b)  The rate of the surtax shall be up to 1 percent.

  7  The surtax shall not be levied for a period longer than 10

  8  years.

  9         (c)  The proposal to adopt a discretionary sales surtax

10  as provided in this subsection and to create a trust fund

11  within the county accounts shall be placed on the ballot in

12  accordance with law at a time to be set at the discretion of

13  the governing body. A statement which includes a brief general

14  description of the authorized uses of the surtax shall be

15  placed on the ballot by the governing body. The following

16  question shall be placed on the ballot:

17

18        ....FOR the               ....-cent sales tax

19        ....AGAINST the           ....-cent sales tax

20

21         (d)  The proceeds of the surtax authorized by this

22  subsection may only be used for the following purposes:

23         1.  To acquire fee interests or easements in lands to

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

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

26  preserving open spaces, and establishing greenbelts.

27         2.  To acquire fee interests or easements in lands for

28  the purpose of restoring or preserving ecosystems and natural

29  wildlife habitats.

30         3.  To acquire fee interests or easements in lands for

31  the purpose of protecting water quality or local water

                                  2

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






    Florida House of Representatives - 1999                 HB 563

    707-103-99






  1  availability, including lands intended to serve as water

  2  recharge areas.

  3         4.  To acquire fee interests or easements in lands for

  4  the purpose of limiting lands which are available for

  5  development to encourage urban infill development, to

  6  encourage higher density development than might otherwise

  7  occur, and to moderate the rate of population growth in a

  8  geographic area.

  9         5.  To compensate landowners for the loss of any

10  constitutionally protected property right, including reduced

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

12  restrictions on land development enacted after the effective

13  date of this subsection to achieve any of the purposes

14  specified in subparagraphs 1., 2., 3., or 4.

15         (e)  Moneys collected pursuant to this subsection shall

16  be distributed by the department on a regular and periodic

17  basis to the clerk of the circuit court as ex officio

18  custodian of the funds. The clerk of the circuit court shall:

19         1.  Maintain the moneys in the trust fund created for

20  this purpose.

21         2.  Invest any funds held on deposit in the trust fund

22  pursuant to general law.

23         3.  Disburse the funds, including any interest earned,

24  upon directive from the governing body.

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

26

27            *****************************************

28                          HOUSE SUMMARY

29
      Authorizes any county to levy a county land use,
30    environmental preservation, and growth control sales
      surtax of up to 1 percent for up to 10 years. Requires
31    referendum approval. Provides for use of the proceeds.

                                  3