Senate Bill sb2046

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    Florida Senate - 2002                                  SB 2046

    By Senator Jones





    40-1015-02

  1                      A bill to be entitled

  2         An act relating to land acquisition; amending

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

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

  5         revising provisions prescribing the use of

  6         proceeds from local option fuel taxes; amending

  7         s. 259.105, F.S.; providing for an annual

  8         allocation of funds under the Florida Forever

  9         Act for the purchase of land within the Florida

10         Keys or Key West Areas of critical state

11         concern; providing an effective date.

12

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

14

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

16  212.055, Florida Statutes, is amended to read:

17         212.055  Discretionary sales surtaxes; legislative

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

19  legislative intent that any authorization for imposition of a

20  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

27  be expended; and such other requirements as the Legislature

28  may provide.  Taxable transactions and administrative

29  procedures shall be as provided in s. 212.054.

30         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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    Florida Senate - 2002                                  SB 2046
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  1         (d)1.  The proceeds of the surtax authorized by this

  2  subsection and any interest accrued thereto shall be expended

  3  by the school district or within the county and municipalities

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

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

  6  construct infrastructure and to acquire land for public

  7  recreation or conservation or protection of natural resources

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

  9  owned solid waste landfills that are already closed or are

10  required to close by order of the Department of Environmental

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

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

13  Neither the proceeds nor any interest accrued thereto shall be

14  used for operational expenses of any infrastructure, except

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

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

17  Environmental Protection may use the proceeds or any interest

18  accrued thereto for long-term maintenance costs associated

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

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

21  any interest accrued thereto to retire or service indebtedness

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

23  infrastructure purposes, and for bonds subsequently issued to

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

25  purposes of retiring or servicing indebtedness incurred for

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

27         2.  For the purposes of this paragraph,

28  "infrastructure" means:

29         a.  Any fixed capital expenditure or fixed capital

30  outlay associated with the construction, reconstruction, or

31  improvement of public facilities which have a life expectancy

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    Florida Senate - 2002                                  SB 2046
    40-1015-02




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

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

  3  located within a designated area of critical state concern

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

  5  expenditures for the acquisition of land when the land is

  6  acquired for the purpose of compliance with an approved

  7  comprehensive plan.

  8         b.  A fire department vehicle, an emergency medical

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

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

11  necessary to outfit the vehicle for its official use or

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

13         3.  Notwithstanding any other provision of this

14  subsection, a discretionary sales surtax imposed or extended

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

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

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

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

19  economic development projects of a general public purpose

20  targeted to improve local economies, including the funding of

21  operational costs and incentives related to such economic

22  development. The ballot statement must indicate the intention

23  to make an allocation under the authority of this

24  subparagraph.

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

26  Statutes, is amended to read:

27         336.025  County transportation system; levy of local

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

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

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

31  50,000 or less on April 1, 1992, or any county located within

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

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

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

  4  such projects are consistent with the local government's

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

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

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

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

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

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

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

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

13  used for the operational expenses of any infrastructure.  Such

14  funds may be used for infrastructure projects under this

15  subsection only after the local government, prior to the

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

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

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

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

20  resolution certifying that the local government has met all of

21  the transportation needs identified in its approved

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

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

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

25  pledged for bonded indebtedness for a period exceeding 10

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

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

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

29  bonded indebtedness not exceeding 15 years.  For the purposes

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

31  provided in s. 212.055.

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  1         Section 3.  Paragraph (c) of subsection (3) of section

  2  259.105, Florida Statutes, is amended to read:

  3         259.105  The Florida Forever Act.--

  4         (3)  Less the costs of issuing and the costs of funding

  5  reserve accounts and other costs associated with bonds, the

  6  proceeds of bonds issued pursuant to this section shall be

  7  deposited into the Florida Forever Trust Fund created by s.

  8  259.1051. The proceeds shall be distributed by the Department

  9  of Environmental Protection in the following manner:

10         (c)  Twenty-two percent to the Department of Community

11  Affairs for use by the Florida Communities Trust for the

12  purposes of part III of chapter 380, as described and limited

13  by this subsection, and grants to local governments or

14  nonprofit environmental organizations that are tax exempt

15  under s. 501(c)(3) of the United States Internal Revenue Code

16  for the acquisition of community-based projects, urban open

17  spaces, parks, and greenways to implement local government

18  comprehensive plans. From funds available to the trust and

19  used for land acquisition, 75 percent shall be matched by

20  local governments on a dollar-for-dollar basis. The

21  Legislature intends that the Florida Communities Trust

22  emphasize funding projects in low-income or otherwise

23  disadvantaged communities. At least 30 percent of the total

24  allocation provided to the trust shall be used in Standard

25  Metropolitan Statistical Areas, but one-half of that amount

26  shall be used in localities in which the project site is

27  located in built-up commercial, industrial, or mixed-use areas

28  and functions to intersperse open spaces within congested

29  urban core areas. From funds allocated to the trust, no less

30  than 5 percent shall be used to acquire lands for recreational

31  trail systems, provided that in the event these funds are not

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    Florida Senate - 2002                                  SB 2046
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  1  needed for such projects, they will be available for other

  2  trust projects.  Local governments may use federal grants or

  3  loans, private donations, or environmental mitigation funds,

  4  including environmental mitigation funds required pursuant to

  5  s. 338.250, for any part or all of any local match required

  6  for acquisitions funded through the Florida Communities Trust.

  7  Any lands purchased by nonprofit organizations using funds

  8  allocated under this paragraph must provide for such lands to

  9  remain permanently in public use through a reversion of title

10  to local or state government, conservation easement, or other

11  appropriate mechanism.  Projects funded with funds allocated

12  to the Trust shall be selected in a competitive process

13  measured against criteria adopted in rule by the Trust. From

14  funds allocated to the trust, $5 million annually shall be

15  used by the Monroe County Comprehensive Plan Land Authority

16  specifically for the purchase of any real property interest in

17  either those lands subject to the Rate of Growth Ordinances

18  adopted by local governments in Monroe County or those lands

19  within the boundary of an approved Conservation and Recreation

20  Lands project located within the Florida Keys or Key West

21  Areas of critical state concern.

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

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24            *****************************************

25                          SENATE SUMMARY

26    Redefines the term "infrastructure" for purposes of the
      local government infrastructure surtax. Authorizes the
27    use of local option fuel taxes for specified purposes in
      the Florida Keys Area of critical state concern. Provides
28    for an allocation of funds under the Florida Forever Act
      to purchase land within the Florida Keys or Key West
29    Areas of critical state concern.

30

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