Senate Bill sb1374c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                    CS for CS for SB 1374

    By the Committees on Health, Aging and Long-Term Care;
    Comprehensive Planning, Local and Military Affairs; and
    Senators Mitchell and Lawson



    317-2226-02

  1                      A bill to be entitled

  2         An act relating to small counties; amending s.

  3         212.055, F.S.; allowing small counties having a

  4         specified population to levy an indigent care

  5         surtax; providing procedures; providing uses of

  6         the surtax; providing a maximum tax rate;

  7         amending s. 336.025, F.S.; authorizing

  8         municipalities within small counties to use

  9         revenues from a local option fuel tax to fund

10         infrastructure projects that are consistent

11         with the comprehensive plan; providing an

12         effective date.

13

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

15

16         Section 1.  Subsection (7) of section 212.055, Florida

17  Statutes, is amended to read:

18         212.055  Discretionary sales surtaxes; legislative

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

20  legislative intent that any authorization for imposition of a

21  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

28  be expended; and such other requirements as the Legislature

29  may provide.  Taxable transactions and administrative

30  procedures shall be as provided in s. 212.054.

31         (7)  VOTER-APPROVED INDIGENT CARE SURTAX.--

                                  1

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






    Florida Senate - 2002                    CS for CS for SB 1374
    317-2226-02




  1         (a)  The governing body in each county that has a

  2  population of less than 800,000 residents may levy an indigent

  3  care surtax pursuant to an ordinance conditioned to take

  4  effect only upon approval by a majority vote of the electors

  5  of the county voting in a referendum. The surtax may be levied

  6  at a rate not to exceed 0.5 percent, except that if a publicly

  7  supported medical school is located in the county, the rate

  8  shall not exceed 1 percent.

  9         (b)  A statement that includes a brief and general

10  description of the purposes to be funded by the surtax and

11  that conforms to the requirements of s. 101.161 shall be

12  placed on the ballot by the governing body of the county. The

13  following questions shall be placed on the ballot:

14

15                     FOR THE. . . .CENTS TAX

16                   AGAINST THE. . . .CENTS TAX

17

18         (c)  Notwithstanding paragraph (a), the governing body

19  in each county that has a population of fewer than 30,000

20  residents may levy an indigent care surtax conditioned to take

21  effect only upon approval by a majority vote of the electors

22  of the county voting in a referendum. In addition to the uses

23  otherwise set out in this subsection, a county that has a

24  population of fewer than 30,000 residents may pledge such

25  proceed for the purpose of servicing new or existing bond

26  indebtedness incurred to finance, plan, construct, or

27  reconstruct a public or not-for-profit hospital in such county

28  and any land acquisition, land improvement, design, or

29  engineering costs related thereto, when the county commission

30  has determined that a currently existing public or

31  not-for-profit hospital would, more likely than not, otherwise

                                  2

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






    Florida Senate - 2002                    CS for CS for SB 1374
    317-2226-02




  1  cease to operate. Such counties may also use the services of

  2  the Division of Bond Finance of the State Board of

  3  Administration pursuant to the State Bond Act to issue bonds

  4  under this subsection. A jurisdiction may not issue bonds

  5  under this subsection more frequently than once per year. Any

  6  county that has a population of fewer than 30,000 residents at

  7  the time the bonds authorized in this subsection are issued

  8  retains the authority granted under this subsection throughout

  9  the term of the bonds, including the term of any refinancing

10  bonds, regardless of any subsequent increase in population

11  which results in the county's having 30,000 or more residents

12  and regardless of amendments to or repeal of this subsection.

13  The rate of the surtax levied under this paragraph may not

14  exceed 1 percent.

15         (d)(c)  The ordinance adopted by the governing body

16  providing for the imposition of the surtax must set forth a

17  plan for providing health care services to qualified

18  residents, as defined in paragraph (e)(d). The plan and

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

20  care services for indigent persons and the medically poor,

21  including, but not limited to, primary care and preventive

22  care, as well as hospital care. It shall emphasize a

23  continuity of care in the most cost-effective setting, taking

24  into consideration a high quality of care and geographic

25  access. Where consistent with these objectives, it shall

26  include, without limitation, services rendered by physicians,

27  clinics, community hospitals, mental health centers, and

28  alternative delivery sites, as well as at least one regional

29  referral hospital where appropriate. It shall provide that

30  agreements negotiated between the county and providers shall

31  include reimbursement methodologies that take into account the

                                  3

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






    Florida Senate - 2002                    CS for CS for SB 1374
    317-2226-02




  1  cost of services rendered to eligible patients, recognize

  2  hospitals that render a disproportionate share of indigent

  3  care, provide other incentives to promote the delivery of

  4  charity care, and require cost containment, including, but not

  5  limited to, case management. The plan must also include

  6  innovative health care programs that provide cost-effective

  7  alternatives to traditional methods of service delivery and

  8  funding. In addition to the services otherwise authorized

  9  under this subsection, in counties having a population of

10  fewer than 30,000 residents the plan for providing health care

11  services to qualified residents may, by an extraordinary vote

12  of the county commission, provide that some or all of the

13  surtax revenues and any interest accrued thereon must be

14  expended for the purpose of servicing bond indebtedness

15  incurred to finance, plan, construct, or reconstruct a public

16  or not-for-profit hospital in the county and for any land

17  acquisition, land improvement, design, or engineering costs

18  related thereto, if the county commission has determined that

19  a currently existing public or not-for-profit hospital would,

20  more likely than not, otherwise cease to operate.

21         (e)(d)  As used in For the purpose of this subsection,

22  the term "qualified residents" means residents of the

23  authorizing county who are:

24         1.  Qualified as indigent persons as certified by the

25  authorizing county;

26         2.  Certified by the authorizing county as meeting the

27  definition of the medically poor, defined as persons having

28  insufficient income, resources, and assets to provide the

29  needed medical care without using resources required to meet

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

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

                                  4

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






    Florida Senate - 2002                    CS for CS for SB 1374
    317-2226-02




  1  program or having medical needs that are not covered by any

  2  such program; or having insufficient third-party insurance

  3  coverage. In all cases, the authorizing county shall serve as

  4  the payor of last resort; or

  5         3.  Participating in innovative, cost-effective

  6  programs approved by the authorizing county.

  7         (f)(e)  Moneys collected pursuant to this subsection

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

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

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

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

12  court shall:

13         1.  Maintain the moneys in an indigent health care

14  trust fund.

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

16  pursuant to general law.

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

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

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

20  county.

21         4.  Disburse the funds, including any interest accrued

22  thereon, to service any bond indebtedness otherwise authorized

23  in this section, upon a directive from the authorizing county,

24  which directive may be irrevocably given at the time the bond

25  indebtedness is incurred.

26         (g)(f)  Notwithstanding any other provision of this

27  section, a county may not levy local option sales surtaxes

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

29  excess of a combined rate of 1 percent or, if a publicly

30  supported medical school is located in the county or the

31

                                  5

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






    Florida Senate - 2002                    CS for CS for SB 1374
    317-2226-02




  1  county has a population of fewer than 30,000 residents, in

  2  excess of a combined rate of 1.5 percent.

  3         Section 2.  Subsection (8) of section 336.025, Florida

  4  Statutes, is amended to read:

  5         336.025  County transportation system; levy of local

  6  option fuel tax on motor fuel and diesel fuel.--

  7         (8)  In addition to the uses specified in subsection

  8  (7), the governing body of a county with a population of

  9  50,000 or less on April 1, 1992, or a municipality within such

10  county, may use the proceeds of the tax levied pursuant to

11  paragraph (1)(a) in any fiscal year to fund infrastructure

12  projects, if such projects are consistent with the local

13  government's approved comprehensive plan or, if the approval

14  or denial of the plan has not become final, consistent with

15  the plan last submitted to the state land planning agency. In

16  addition, no more than an amount equal to the proceeds from 4

17  cents per gallon of the tax imposed pursuant to paragraph

18  (1)(a) may be used by such county for the express and limited

19  purpose of paying for a court-ordered refund of special

20  assessments. Except as provided in subsection (7), such funds

21  shall not be used for the operational expenses of any

22  infrastructure.  Such funds may be used for infrastructure

23  projects under this subsection only after the local

24  government, prior to the fiscal year in which the funds are

25  proposed to be used, or if pledged for bonded indebtedness,

26  prior to the fiscal year in which the bonds will be issued,

27  has held a duly noticed public hearing on the proposed use of

28  the funds and has adopted a resolution certifying that the

29  local government has met all of the transportation needs

30  identified in its approved comprehensive plan or, if the

31  approval or denial of the plan has not become final,

                                  6

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






    Florida Senate - 2002                    CS for CS for SB 1374
    317-2226-02




  1  consistent with the plan last submitted to the state land

  2  planning agency.  The proceeds shall not be pledged for bonded

  3  indebtedness for a period exceeding 10 years, except that, for

  4  the express and limited purpose of using such proceeds in any

  5  fiscal year to pay a court-ordered refund of special

  6  assessments, the proceeds may be pledged for bonded

  7  indebtedness not exceeding 15 years.  For the purposes of this

  8  subsection, "infrastructure" has the same meaning as provided

  9  in s. 212.055.

10         Section 3.  This act shall take effect October 1, 2002.

11

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                     CS for Senate Bill 1374

14

15  CS/CS/SB 1374 allows the proceeds of the indigent care surtax
    to finance, plan, construct, or reconstruct a not-for-profit
16  hospital in addition to a public hospital; and allows
    municipalities within small counties to use revenues from a
17  local option fuel tax to fund infrastructure projects that are
    consistent with the comprehensive plan.
18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  7

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