SENATE AMENDMENT

    Bill No. SB 732

    Amendment No.    

                            CHAMBER ACTION
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11  Senator McKay moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, between lines 20 and 21,

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16  insert:

17         (8)  MUNICIPAL CAPITAL OUTLAY SURTAX.--

18         (a)  The governing body of any municipality may levy,

19  pursuant to resolution conditioned to take effect only upon

20  approval by a majority vote of the electors of the

21  municipality voting in a referendum, a discretionary sales

22  surtax at a rate that may not exceed 0.5 percent.

23         (b)  The resolution shall include a statement that

24  provides a brief and general description of the capital outlay

25  projects to be funded by the surtax. The statement shall

26  conform to the requirements of s. 101.161 and shall be placed

27  on the ballot by the governing body of the municipality. The

28  following question shall be 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. SB 732

    Amendment No.    





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 2         (c)  The resolution providing for the imposition of the

 3  surtax shall set forth a plan for use of the surtax proceeds

 4  for fixed capital expenditures or fixed capital costs

 5  associated with the construction, reconstruction, or

 6  improvement of municipal facilities that have a useful life

 7  expectancy of 5 or more years, and any land acquisition, land

 8  improvement, design, and engineering costs related thereto.

 9  Surtax revenues may be used for the purpose of servicing bond

10  indebtedness to finance projects authorized by this

11  subsection, and any interest accrued thereto may be held in

12  trust to finance such projects. Neither the proceeds of the

13  surtax nor any interest accrued thereto shall be used for

14  operational expenses.

15         (d)  Surtax revenues collected by the Department of

16  Revenue pursuant to this subsection shall be distributed to

17  the municipality imposing the surtax in accordance with law.

18         Section 2.  Subsection (7) of section 212.054, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         212.054  Discretionary sales surtax; limitations,

21  administration, and collection.--

22         (7)(a)  The governing body of any county levying a

23  discretionary sales surtax, or the school board of any county

24  levying the school capital outlay surtax authorized by s.

25  212.055(7), or the governing body of any municipality levying

26  the capital outlay surtax authorized by s. 212.055(8) shall

27  notify the department within 10 days after final adoption by

28  ordinance or referendum of an imposition, termination, or rate

29  change of the surtax, but no later than November 16 prior to

30  the effective date.  The notice must specify the time period

31  during which the surtax will be in effect and the rate and

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                                                  SENATE AMENDMENT

    Bill No. SB 732

    Amendment No.    





 1  must include a copy of the ordinance and such other

 2  information as the department requires by rule. Failure to

 3  timely provide such notification to the department shall

 4  result in the delay of the effective date for a period of 1

 5  year.

 6         (b)  In addition to the notification required by

 7  paragraph (a), the governing body of any county proposing to

 8  levy a discretionary sales surtax, or the school board of any

 9  county proposing to levy the school capital outlay surtax

10  authorized by s. 212.055(7), or the governing body of any

11  municipality proposing to levy the capital outlay surtax

12  authorized by s. 212.055(8) shall notify the department by

13  October 1 if the referendum or consideration of the ordinance

14  that would result in imposition, termination, or rate change

15  of the surtax is scheduled to occur on or after October 1 of

16  that year.  Failure to timely provide such notification to the

17  department shall result in the delay of the effective date for

18  a period of 1 year.

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20  (Redesignate subsequent sections.)

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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 9, following the semicolon

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27  insert:

28         authorizing municipalities to impose a capital

29         outlay surtax; providing for a referendum;

30         amending s. 212.054, F.S.; providing for the

31         governing body of a municipality levying the

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                                                  SENATE AMENDMENT

    Bill No. SB 732

    Amendment No.    





 1         surtax to notify the Department of Revenue;

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