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



                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1517

    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 General Government Appropriations offered the

12  following:

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14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Paragraph (d) of subsection (2) of section

19  212.055, Florida Statutes, is amended to read:

20         212.055  Discretionary sales surtaxes; legislative

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

22  legislative intent that any authorization for imposition of a

23  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

30  be expended; and such other requirements as the Legislature

31  may provide.  Taxable transactions and administrative

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1517

    Amendment No. ___ (for drafter's use only)





  1  procedures shall be as provided in s. 212.054.

  2         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

  3         (d)1.  The proceeds of the surtax authorized by this

  4  subsection and any interest accrued thereto shall be expended

  5  by the school district or within the county and municipalities

  6  within the county, or, in the case of a negotiated joint

  7  county agreement, within another county, to finance, plan, and

  8  construct infrastructure and to acquire land for public

  9  recreation or conservation or protection of natural resources

10  and to finance the closure of county-owned or municipally

11  owned solid waste landfills that are already closed or are

12  required to close by order of the Department of Environmental

13  Protection. Any use of such proceeds or interest for purposes

14  of landfill closure prior to July 1, 1993, is ratified.

15  Neither the proceeds nor any interest accrued thereto shall be

16  used for operational expenses of any infrastructure, except

17  that any county with a population of less than 75,000 that is

18  required to close a landfill by order of the Department of

19  Environmental Protection may use the proceeds or any interest

20  accrued thereto for long-term maintenance costs associated

21  with landfill closure. Counties, as defined in s. 125.011(1),

22  and charter counties may, in addition, use the proceeds and

23  any interest accrued thereto to retire or service indebtedness

24  incurred for bonds issued prior to July 1, 1987, for

25  infrastructure purposes, and for bonds subsequently issued to

26  refund such bonds.  Any use of such proceeds or interest for

27  purposes of retiring or servicing indebtedness incurred for

28  such refunding bonds prior to July 1, 1999, is ratified.

29         2.  For the purposes of this paragraph,

30  "infrastructure" means:

31         a.  Any fixed capital expenditure or fixed capital

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1517

    Amendment No. ___ (for drafter's use only)





  1  outlay associated with the construction, reconstruction, or

  2  improvement of public facilities which have a life expectancy

  3  of 5 or more years and any land acquisition, land improvement,

  4  design, and engineering costs related thereto. In any county

  5  located within a designated area of critical state concern

  6  under s. 380.0552, the term "infrastructure" also includes

  7  expenditures for the acquisition of land when the land is

  8  acquired for the purpose of compliance with an approved

  9  comprehensive plan.

10         b.  A fire department vehicle, an emergency medical

11  service vehicle, a sheriff's office vehicle, a police

12  department vehicle, or any other vehicle, and such equipment

13  necessary to outfit the vehicle for its official use or

14  equipment that has a life expectancy of at least 5 years.

15         3.  Notwithstanding any other provision of this

16  subsection, a discretionary sales surtax imposed or extended

17  after the effective date of this act may provide for an amount

18  not to exceed 15 percent of the local option sales surtax

19  proceeds to be allocated for deposit to a trust fund within

20  the county's accounts created for the purpose of funding

21  economic development projects of a general public purpose

22  targeted to improve local economies, including the funding of

23  operational costs and incentives related to such economic

24  development. The ballot statement must indicate the intention

25  to make an allocation under the authority of this

26  subparagraph.

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

28  Statutes, is amended to read:

29         336.025  County transportation system; levy of local

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1517

    Amendment No. ___ (for drafter's use only)





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

  2  50,000 or less on April 1, 1992, or any county located within

  3  a designated area of critical state concern under s. 380.0552

  4  may use the proceeds of the tax levied pursuant to paragraph

  5  (1)(a) in any fiscal year to fund infrastructure projects, if

  6  such projects are consistent with the local government's

  7  approved comprehensive plan or, if the approval or denial of

  8  the plan has not become final, consistent with the plan last

  9  submitted to the state land planning agency. In addition, no

10  more than an amount equal to the proceeds from 4 cents per

11  gallon of the tax imposed pursuant to paragraph (1)(a) may be

12  used by such county for the express and limited purpose of

13  paying for a court-ordered refund of special assessments.

14  Except as provided in subsection (7), such funds shall not be

15  used for the operational expenses of any infrastructure.  Such

16  funds may be used for infrastructure projects under this

17  subsection only after the local government, prior to the

18  fiscal year in which the funds are proposed to be used, or if

19  pledged for bonded indebtedness, prior to the fiscal year in

20  which the bonds will be issued, has held a duly noticed public

21  hearing on the proposed use of the funds and has adopted a

22  resolution certifying that the local government has met all of

23  the transportation needs identified in its approved

24  comprehensive plan or, if the approval or denial of the plan

25  has not become final, consistent with the plan last submitted

26  to the state land planning agency.  The proceeds shall not be

27  pledged for bonded indebtedness for a period exceeding 10

28  years, except that, for the express and limited purpose of

29  using such proceeds in any fiscal year to pay a court-ordered

30  refund of special assessments, the proceeds may be pledged for

31  bonded indebtedness not exceeding 15 years.  For the purposes

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    hap0008                     03:18 pm         01517-gga -883529




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1517

    Amendment No. ___ (for drafter's use only)





  1  of this subsection, "infrastructure" has the same meaning as

  2  provided in s. 212.055.

  3         Section 3.  Contingent on the passage of House Bill

  4  1653 or similar legislation during the 2002 regular

  5  legislative session or any extension thereof, subsection (9)

  6  of section 373.59, Florida Statutes, is amended to read:

  7         373.59  Water Management Lands Trust Fund.--

  8         (9)  Moneys in the fund not needed to meet current

  9  obligations incurred under this section shall be transferred

10  to the State Board of Administration, to the credit of the

11  fund, to be invested in the manner provided by law.  For

12  fiscal years 2003-2004 through 2010-2011, interest received on

13  such investments shall be credited to Florida Keys and Key

14  West Areas of Critical State Concern Wastewater and Stormwater

15  Trust Fund within the Department of Community Affairs.

16  Beginning fiscal year 2012-2013, interest received on such

17  investments shall be credited to the fund.

18         Section 4.  This act shall take effect July 1, 2002.

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20

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

22  And the title is amended as follows:

23  REMOVE EVERYTHING BEFORE THE ENACTING CLAUSE:

24

25  and insert:

26                      A bill to be entitled

27         An act relating to land acquisition; amending

28         s. 212.055, F.S.; redefining the term

29         "infrastructure"; amending s. 336.025, F.S.;

30         revising provisions prescribing the use of

31         proceeds from local option fuel taxes;

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1517

    Amendment No. ___ (for drafter's use only)





  1         amending s. 373.59, F.S.; providing for the

  2         interest received from investments of the Water

  3         Management Lands Trust Fund to be credited to

  4         the Florida Keys and Key West Areas of Critical

  5         State Concern Wastewater and Stormwater Trust

  6         Fund for eight years; providing an effective

  7         date.

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