Senate Bill sb0054B
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Florida Senate - 2001 SB 54-B
By Senator Silver
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1 A bill to be entitled
2 An act relating to local governments in a state
3 of financial emergency; amending s. 218.503,
4 F.S.; specifying the municipalities that may
5 impose a surcharge on the gross revenues of
6 certain parking facilities; providing an
7 effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsections (1) and (5) of section 218.503,
12 Florida Statutes, are amended to read:
13 218.503 Determination of financial emergency.--
14 (1) A local governmental entity is in a state of
15 financial emergency when any of the following conditions
16 occurs:
17 (a) Failure within the same fiscal year in which due
18 to pay short-term loans from banks or failure to make bond
19 debt service payments when due.
20 (b) Failure to transfer at the appropriate time, due
21 to lack of funds:
22 1. Taxes withheld on the income of employees; or
23 2. Employer and employee contributions for:
24 a. Federal social security; or
25 b. Any pension, retirement, or benefit plan of an
26 employee.
27 (c) Failure for one pay period to pay, due to lack of
28 funds:
29 1. Wages and salaries owed to employees; or
30 2. Retirement benefits owed to former employees.
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Florida Senate - 2001 SB 54-B
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1 (d) An unreserved or total fund balance or retained
2 earnings deficit for which sufficient resources of the local
3 governmental entity are not available to cover the deficit for
4 2 successive years.
5 (e) Noncompliance of the local government retirement
6 system with actuarial conditions provided by law.
7 (5)(a) The governing authority of any municipality
8 having with a resident population of 300,000 or more on or
9 after April 1, 1999, and which has been declared in a state of
10 financial emergency pursuant to this section within the
11 previous 2 fiscal years may impose a discretionary per-vehicle
12 surcharge of up to 20 percent on the gross revenues of the
13 sale, lease, or rental of space at parking facilities within
14 the municipality which that are open for use to the general
15 public.
16 (b) A municipal governing authority that imposes the
17 surcharge authorized by this subsection may use the proceeds
18 of such surcharge for the following purposes only:
19 1. No less than 60 percent and no more than 80 percent
20 of the surcharge proceeds shall be used by the governing
21 authority to reduce its ad valorem tax millage rate or to
22 reduce or eliminate non-ad valorem assessments.
23 2. A portion of the balance of the surcharge proceeds
24 shall be used by the governing authority to increase its
25 budget reserves; however, the governing authority shall not
26 reduce the amount it allocates for budget reserves from other
27 sources below the amount allocated for reserves in the fiscal
28 year prior to the year in which the surcharge is initially
29 imposed. When a 15-percent budget reserve is achieved, based
30 on the average gross revenue for the most recent 3 prior
31 fiscal years, the remaining proceeds from this subparagraph
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Florida Senate - 2001 SB 54-B
38-455-02
1 shall be used for the payment of annual debt service related
2 to outstanding obligations backed or secured by a covenant to
3 budget and appropriate from non-ad valorem revenues.
4 (c) This subsection expires is repealed on June 30,
5 2006.
6 Section 2. This act shall take effect upon becoming a
7 law.
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10 SENATE SUMMARY
11 Specifies the municipalities that may impose a surcharge
on the gross revenues of the sale, lease, or rental of
12 space at parking facilities within the municipality which
are open for use by the general public.
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