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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 509

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Finance & Taxation offered the following:

12

13         Amendment (with title amendment) 

14         On page 2, line 31, through

15         Page 4, line 19

16  remove from the bill:  all of said lines

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18  and insert in lieu thereof:  penalties, and interest. The

19  county may use a certified public accountant licensed in this

20  state in the administration of its statutory duties and

21  responsibilities. Such certified public accountants are bound

22  by the same confidentiality requirements and subject to the

23  same penalties as the county under s. 213.053.  If the county

24  delegates such authority to the department, the department

25  shall distribute any collections so received, less costs of

26  administration, to the county.  The amount deducted for costs

27  of administration by the department shall be used only for

28  those costs which are solely and directly attributable to

29  auditing, assessing, collecting, processing, and enforcing

30  payments of delinquent taxes authorized in this section.  If a

31  county elects to delegate such authority to the department,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 509

    Amendment No.     (for drafter's use only)





 1  the department shall audit only those businesses in the county

 2  that it audits pursuant to chapter 212.

 3         Section 1.  Subsection (1) of section 125.901, Florida

 4  Statutes, is amended to read:

 5         125.901  Children's services; independent special

 6  district; council; powers, duties, and functions.--

 7         (1)  Each county may by ordinance create an independent

 8  special district, as defined in ss. 189.403(3) and

 9  200.001(8)(e), to provide funding for children's services

10  throughout the county in accordance with this section. The

11  boundaries of such district shall be coterminous with the

12  boundaries of the county.  The county governing body shall

13  obtain approval, by a majority vote of those electors voting

14  on the question, to annually levy ad valorem taxes which shall

15  not exceed the maximum millage rate authorized by this

16  section.  Any district created pursuant to the provisions of

17  this subsection shall be required to levy and fix millage

18  subject to the provisions of s. 200.065.  Once such millage is

19  approved by the electorate, the district shall not be required

20  to seek approval of the electorate in future years to levy the

21  previously approved millage.

22         (a)  The governing board of the district shall be a

23  council on children's services, which may also be known as a

24  juvenile welfare board or similar name as established in the

25  ordinance by the county governing body. Such council shall

26  consist of 10 members, including: the superintendent of

27  schools; a local school board member; the district

28  administrator from the appropriate district of the Department

29  of Children and Family Services, or his or her designee who is

30  a member of the Senior Management Service or of the Selected

31  Exempt Service; one member of the county governing body or

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 509

    Amendment No.     (for drafter's use only)





 1  designated alternate member of the county governing body; and

 2  the judge assigned to juvenile cases who shall sit as a voting

 3  member of the board, except that said judge shall not vote or

 4  participate in the setting of ad valorem taxes under this

 5  section. In the event there is more than one judge assigned to

 6  juvenile cases in a county, the chief judge shall designate

 7  one of said juvenile judges to serve on the board. The

 8  remaining five members shall be appointed by the Governor, and

 9  shall, to the extent possible, represent the demographic

10  diversity of the population of the county.  After soliciting

11  recommendations from the public, the county governing body

12  shall submit to the Governor the names of at least three

13  persons for each vacancy occurring among the five members

14  appointed by the Governor, and the Governor shall appoint

15  members to the council from the candidates nominated by the

16  county governing body.  The Governor shall make a selection

17  within a 45-day period or request a new list of candidates.

18  All members appointed by the Governor shall have been

19  residents of the county for the previous 24-month period.

20  Such members shall be appointed for 4-year terms, except that

21  the length of the terms of the initial appointees shall be

22  adjusted to stagger the terms.  The Governor may remove a

23  member for cause or upon the written petition of the county

24  governing body.  If any of the members of the council required

25  to be appointed by the Governor under the provisions of this

26  subsection shall resign, die, or be removed from office, the

27  vacancy thereby created shall, as soon as practicable, be

28  filled by appointment by the Governor, using the same method

29  as the original appointment, and such appointment to fill a

30  vacancy shall be for the unexpired term of the person who

31  resigns, dies, or is removed from office.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 509

    Amendment No.     (for drafter's use only)





 1         (b)  Nothing in this subsection shall prohibit a county

 2  from exercising such power as is provided by general or

 3  special law to provide children's services or to create a

 4  special district to provide such services.

 5         Section 2.  Paragraph (c) of subsection (5) of section

 6  212.0305, Florida Statutes, is amended to read:

 7         212.0305  Convention development taxes; intent;

 8  administration; authorization; use of proceeds.--

 9         (5)  LOCAL ADMINISTRATION OF TAX.--

10         (c)  A county adopting an ordinance providing for the

11  collection and administration of the tax on a local basis

12  shall also adopt an ordinance electing either to assume all

13  responsibility for auditing the records and accounts of

14  dealers, and assessing, collecting, and enforcing payments of

15  delinquent taxes, or to delegate such authority to the

16  Department of Revenue. If the county elects to assume such

17  responsibility, it shall be bound by the rules promulgated by

18  the Department of Revenue pursuant to paragraph (3)(f), as

19  well as those rules pertaining to the sales and use tax on

20  transient rentals imposed by s. 212.03.  The county may use

21  any power granted in this chapter to the department to

22  determine the amount of tax, penalties, and interest to be

23  paid by each dealer and to enforce payment of such tax,

24  penalties, and interest. The county may use a certified public

25  accountant licensed in this state in the administration of its

26  statutory duties and responsibilities. Such certified public

27  accountants are bound by the same confidentiality requirements

28  and subject to the same penalties as the county under s.

29  213.053.  If the county delegates such authority to the

30  department, the department shall distribute any collections so

31  received, less costs of administration, to the county.  The

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 509

    Amendment No.     (for drafter's use only)





 1  amount deducted for costs of administration by the department

 2  shall be used only for those costs which are solely and

 3  directly attributable to auditing, assessing, collecting,

 4  processing, and enforcing payments of delinquent taxes

 5  authorized in this section.  If a county elects to delegate

 6  such authority to the department, the department shall audit

 7  only those businesses in the county that it audits pursuant to

 8  this chapter.

 9         Section 3.  Paragraph (j) of subsection (7) of s.

10  213.053, Florida Statutes, is amended to read:

11         213.053  Confidentiality and information sharing.--

12         (7)  Notwithstanding any other provision of this

13  section, the department may provide:

14         (j)  Information authorized pursuant to s. 213.0535 to

15  eligible participants and certified public accountants for

16  such participants in the Registration Information Sharing and

17  Exchange Program.

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19  Disclosure of information under this subsection shall be

20  pursuant to a written agreement between the executive director

21  and the agency.  Such agencies, governmental or

22  nongovernmental, shall be bound by the same requirements of

23  confidentiality as the Department of Revenue.  Breach of

24  confidentiality is a misdemeanor of the first degree,

25  punishable as provided by s. 775.082 or s. 775.083.

26         Section 4.  Paragraph (c) of subsection (2) of section

27  212.055, Florida Statutes, is amended to read:

28         212.055  Discretionary sales surtaxes; legislative

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

30  legislative intent that any authorization for imposition of a

31  discretionary sales surtax shall be published in the Florida

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 509

    Amendment No.     (for drafter's use only)





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

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

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

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

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

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

 7  be expended; and such other requirements as the Legislature

 8  may provide.  Taxable transactions and administrative

 9  procedures shall be as provided in s. 212.054.

10         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

11         (c)  Pursuant to s. 212.054(4), the proceeds of the

12  surtax levied under this subsection shall be distributed to

13  the county and the municipalities within such county in which

14  the surtax was collected, according to:

15         1.  An interlocal agreement between the county

16  governing authority and the governing bodies of the

17  municipalities representing a majority of the county's

18  municipal population, which agreement may include a school

19  district with the consent of the county governing authority

20  and the governing bodies of the municipalities representing a

21  majority of the county's municipal population; or

22         2.  If there is no interlocal agreement, according to

23  the formula provided in s. 218.62; or.

24         3.  If the governing body of a county enacts an

25  ordinance pursuant to subparagraph (a)1. and paragraph (b)

26  which limits the use of the proceeds from the proposed surtax

27  exclusively to county detention facilities or court

28  facilities, the ordinance may provide that all proceeds from

29  the surtax be distributed solely to the county for the

30  aforementioned purposes. As used in this subparagraph, the

31  term "county detention facility" means buildings, structures,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 509

    Amendment No.     (for drafter's use only)





 1  real estate, easements, and related interests in real estate,

 2  including, but not limited to, those required to acquire or

 3  construct structures for the purpose of a county jail, a

 4  county stockade, a county work camp, a county residential

 5  probation center, and all equipment, storage, and parking

 6  related thereto which are used by a county or county officer

 7  for the detention of persons charged with or convicted of

 8  either a felony or misdemeanor. As used in this subparagraph,

 9  the term "court facility" means buildings, real estate,

10  easements, and related interests in real estate, including,

11  but not limited to, those structures for the purpose of

12  housing either personnel, equipment, or functions of the

13  circuit or county court, public defenders, state attorneys,

14  and court related functions of the clerks of the court and all

15  storage and parking related thereto.

16

17  Any change in the distribution formula must take effect on the

18  first day of any month that begins at least 60 days after

19  written notification of that change has been made to the

20  department.

21         Section 5.  This act shall take effect upon becoming a

22  law.

23

24

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

26  And the title is amended as follows:

27         On page 1, lines 3-13

28  remove from the title of the bill:  all of said lines

29

30  and insert in lieu thereof:

31  amending s. 125.901, F.S.; authorizing the appointment of an

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 509

    Amendment No.     (for drafter's use only)





 1  alternate delegate member for a county governing body to a

 2  council on children's services; amending ss. 125.0104,

 3  212.0305, F.S.; providing that a county that elects to assume

 4  responsibility for audit and enforcement with respect to the

 5  local option tourist development tax, area of critical state

 6  concern tourist impact tax, or convention development taxes

 7  may use certified public accountants in administering its

 8  duties; providing for application of confidentiality and

 9  penalty provisions to such agents; amending s. 213.053, F.S.;

10  providing for information sharing; amending s. 212.055, F.S.;

11  providing a distribution of proceeds from the Local Government

12  Infrastructure Surtax to be used solely for county detention

13  facilities under certain circumstances; providing definitions;

14  providing an effective date.

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