House Bill 0531

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    Florida House of Representatives - 2000                 HB 531

        By Representative Lawson






  1                      A bill to be entitled

  2         An act relating to discretionary sales

  3         surtaxes; amending s. 212.055, F.S.; reducing

  4         the minimum population requirement applicable

  5         to counties authorized to impose the indigent

  6         care surtax; deleting an obsolete reference;

  7         providing an effective date.

  8

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

10

11         Section 1.  Paragraph (a) of subsection (4) of section

12  212.055, Florida Statutes, is amended to read:

13         212.055  Discretionary sales surtaxes; legislative

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

15  legislative intent that any authorization for imposition of a

16  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

23  be expended; and such other requirements as the Legislature

24  may provide.  Taxable transactions and administrative

25  procedures shall be as provided in s. 212.054.

26         (4)  INDIGENT CARE SURTAX.--

27         (a)  The governing body in each county the government

28  of which is not consolidated with that of one or more

29  municipalities, which has a population of at least 190,000

30  800,000 residents and is not authorized to levy a surtax under

31  subsection (5) or subsection (6), may levy, pursuant to an

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    Florida House of Representatives - 2000                 HB 531

    113-289-00






  1  ordinance either approved by an extraordinary vote of the

  2  governing body or conditioned to take effect only upon

  3  approval by a majority vote of the electors of the county

  4  voting in a referendum, a discretionary sales surtax at a rate

  5  that may not exceed 0.5 percent.

  6         (b)  If the ordinance is conditioned on a referendum, a

  7  statement that includes a brief and general description of the

  8  purposes to be funded by the surtax and that conforms to the

  9  requirements of s. 101.161 shall be placed on the ballot by

10  the governing body of the county.  The following questions

11  shall be placed on the ballot:

12

13                     FOR THE. . . .CENTS TAX

14                   AGAINST THE. . . .CENTS TAX

15

16         (c)  The ordinance adopted by the governing body

17  providing for the imposition of the surtax shall set forth a

18  plan for providing health care services to qualified

19  residents, as defined in paragraph (d).  Such plan and

20  subsequent amendments to it shall fund a broad range of health

21  care services for both indigent persons and the medically

22  poor, including, but not limited to, primary care and

23  preventive care as well as hospital care.  It shall emphasize

24  a continuity of care in the most cost-effective setting,

25  taking into consideration both a high quality of care and

26  geographic access.  Where consistent with these objectives, it

27  shall include, without limitation, services rendered by

28  physicians, clinics, community hospitals, mental health

29  centers, and alternative delivery sites, as well as at least

30  one regional referral hospital where appropriate.  It shall

31  provide that agreements negotiated between the county and

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    Florida House of Representatives - 2000                 HB 531

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  1  providers will include reimbursement methodologies that take

  2  into account the cost of services rendered to eligible

  3  patients, recognize hospitals that render a disproportionate

  4  share of indigent care, provide other incentives to promote

  5  the delivery of charity care, and require cost containment

  6  including, but not limited to, case management. It must also

  7  provide that any hospitals that are owned and operated by

  8  government entities on May 21, 1991, must, as a condition of

  9  receiving funds under this subsection, afford public access

10  equal to that provided under s. 286.011 as to meetings of the

11  governing board, the subject of which is budgeting resources

12  for the rendition of charity care as that term is defined in

13  the Florida Hospital Uniform Reporting System (FHURS) manual

14  referenced in s. 408.07.  The plan shall also include

15  innovative health care programs that provide cost-effective

16  alternatives to traditional methods of service delivery and

17  funding.

18         (d)  For the purpose of this subsection, the term

19  "qualified resident" means residents of the authorizing county

20  who are:

21         1.  Qualified as indigent persons as certified by the

22  authorizing county;

23         2.  Certified by the authorizing county as meeting the

24  definition of the medically poor, defined as persons having

25  insufficient income, resources, and assets to provide the

26  needed medical care without using resources required to meet

27  basic needs for shelter, food, clothing, and personal

28  expenses; or not being eligible for any other state or federal

29  program, or having medical needs that are not covered by any

30  such program; or having insufficient third-party insurance

31

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    Florida House of Representatives - 2000                 HB 531

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  1  coverage.  In all cases, the authorizing county is intended to

  2  serve as the payor of last resort; or

  3         3.  Participating in innovative, cost-effective

  4  programs approved by the authorizing county.

  5         (e)  Moneys collected pursuant to this subsection

  6  remain the property of the state and shall be distributed by

  7  the Department of Revenue on a regular and periodic basis to

  8  the clerk of the circuit court as ex officio custodian of the

  9  funds of the authorizing county. The clerk of the circuit

10  court shall:

11         1.  Maintain the moneys in an indigent health care

12  trust fund;

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

14  pursuant to general law; and

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

16  to any provider of health care services, as provided in

17  paragraphs (c) and (d), upon directive from the authorizing

18  county.

19         (f)  Notwithstanding any other provision of this

20  section, a county shall not levy local option sales surtaxes

21  authorized in this subsection and subsections (2) and (3) in

22  excess of a combined rate of 1 percent.

23         (g)  This subsection expires October 1, 2005.

24         Section 2.  This act shall take effect upon becoming a

25  law.

26

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

28                          HOUSE SUMMARY

29
      Reduces the minimum population requirement applicable to
30    counties authorized to impose the indigent care
      discretionary sales surtax from 800,000 to 190,000.
31

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