SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 502
    Amendment No. ___   Barcode 343278
                            CHAMBER ACTION
              Senate                               House
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11  Senators Wasserman Schultz and Carlton moved the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         On page 37, between lines 16 & 17,
16  
17  insert:  
18         Section 28.  Paragraphs (a) and (d) of subsection (2)
19  and subsection (6) of section 212.055, Florida Statutes, are
20  amended to read:
21         212.055  Discretionary sales surtaxes; legislative
22  intent; authorization and use of proceeds.--It is the
23  legislative intent that any authorization for imposition of a
24  discretionary sales surtax shall be published in the Florida
25  Statutes as a subsection of this section, irrespective of the
26  duration of the levy.  Each enactment shall specify the types
27  of counties authorized to levy; the rate or rates which may be
28  imposed; the maximum length of time the surtax may be imposed,
29  if any; the procedure which must be followed to secure voter
30  approval, if required; the purpose for which the proceeds may
31  be expended; and such other requirements as the Legislature
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 502
    Amendment No. ___   Barcode 343278
 1  may provide.  Taxable transactions and administrative
 2  procedures shall be as provided in s. 212.054.
 3         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
 4         (a)1.  The governing authority in each county may levy
 5  a discretionary sales surtax of 0.5 percent or 1 percent.  The
 6  levy of the surtax shall be pursuant to ordinance enacted by a
 7  two-thirds vote majority of the members of the county
 8  governing authority or pursuant to ordinance enacted by a
 9  majority of the members of the county governing authority and
10  approved by a majority of the electors of the county voting in
11  a referendum on the surtax.  If the governing bodies of the
12  municipalities representing a majority of the county's
13  population adopt uniform resolutions establishing the rate of
14  the surtax and calling for a referendum on the surtax, the
15  levy of the surtax shall be placed on the ballot and shall
16  take effect if approved by a majority of the electors of the
17  county voting in the referendum on the surtax.
18         2.  If the surtax was levied pursuant to a referendum
19  held before July 1, 1993, the surtax may not be levied beyond
20  the time established in the ordinance, or, if the ordinance
21  did not limit the period of the levy, the surtax may not be
22  levied for more than 15 years. The levy of such surtax may be
23  extended only by approval of a majority of the electors of the
24  county voting in a referendum on the surtax or pursuant to
25  ordinance enacted by a two-thirds vote of the members of the
26  county governing authority.
27         (d)1.  The proceeds of the surtax authorized by this
28  subsection and approved by referendum and any interest accrued
29  thereto shall be expended by the school district or within the
30  county and municipalities within the county, or, in the case
31  of a negotiated joint county agreement, within another county,
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 502
    Amendment No. ___   Barcode 343278
 1  to finance, plan, and construct infrastructure and to acquire
 2  land for public recreation or conservation or protection of
 3  natural resources and to finance the closure of county-owned
 4  or municipally owned solid waste landfills that are already
 5  closed or are required to close by order of the Department of
 6  Environmental Protection. Any use of such proceeds or interest
 7  for purposes of landfill closure prior to July 1, 1993, is
 8  ratified. Neither the proceeds nor any interest accrued
 9  thereto shall be used for operational expenses of any
10  infrastructure, except that any county with a population of
11  less than 75,000 that is required to close a landfill by order
12  of the Department of Environmental Protection may use the
13  proceeds or any interest accrued thereto for long-term
14  maintenance costs associated with landfill closure. Counties,
15  as defined in s. 125.011(1), and charter counties may, in
16  addition, use the proceeds and any interest accrued thereto to
17  retire or service indebtedness incurred for bonds issued prior
18  to July 1, 1987, for infrastructure purposes, and for bonds
19  subsequently issued to refund such bonds.  Any use of such
20  proceeds or interest for purposes of retiring or servicing
21  indebtedness incurred for such refunding bonds prior to July
22  1, 1999, is ratified.
23         2.  The proceeds of the surtax where the surtax is
24  levied by a two-thirds vote of the governing body of the
25  county and any interest accrued thereto shall be expended by
26  the school district or within the county and municipalities
27  within the county for infrastructure located within the urban
28  service area that is identified in the local government
29  comprehensive plan of the county or municipality and is
30  identified in that local government's capital improvements
31  element adopted pursuant to s. 163.3177(3) or that is
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 502
    Amendment No. ___   Barcode 343278
 1  identified in the school district's educational facilities
 2  plan adopted pursuant to s. 235.185.
 3         3.2.  For the purposes of this paragraph,
 4  "infrastructure" means:
 5         a.  Any fixed capital expenditure or fixed capital
 6  outlay associated with the construction, reconstruction, or
 7  improvement of public facilities which have a life expectancy
 8  of 5 or more years and any land acquisition, land improvement,
 9  design, and engineering costs related thereto.
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         4.3.  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. If applicable, the ballot statement must indicate
25  the intention to make an allocation under the authority of
26  this subparagraph.
27         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--
28         (a)  The school board in each county may levy, pursuant
29  to resolution conditioned to take effect only upon approval by
30  a majority vote of the electors of the county voting in a
31  referendum, a discretionary sales surtax at a rate that may
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 502
    Amendment No. ___   Barcode 343278
 1  not exceed 0.5 percent.
 2         (b)  The resolution shall include a statement that
 3  provides a brief and general description of the school capital
 4  outlay projects to be funded by the surtax. If applicable, the
 5  resolution must state that the district school board has been
 6  recognized by the State Board of Education as having a Florida
 7  Frugal Schools Program. The statement shall conform to the
 8  requirements of s. 101.161 and shall be placed on the ballot
 9  by the governing body of the county. The following question
10  shall be placed on the ballot:
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12        ....FOR THE               ....CENTS TAX
13        ....AGAINST THE           ....CENTS TAX
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15         (c)  As an alternative method of levying the
16  discretionary sales surtax, the district school board may
17  levy, pursuant to resolution adopted by a two-thirds vote of
18  the members of the school board, a discretionary sales surtax
19  at a rate not to exceed 0.5 percent when the following
20  conditions are met:
21         1.  The district school board and local governments in
22  the county where the school district is located have adopted
23  an interlocal agreement and public educational facilities
24  element as  required by chapter 163;
25         2.  The district school board has adopted a district
26  educational facilities plan pursuant to s. 235.185; and
27         3.  The district's use of surtax proceeds for new
28  construction must not exceed the cost-per-student criteria
29  established for the SIT Program in s. 235.216(2).
30         (d)(c)  The resolution providing for the imposition of
31  the surtax shall set forth a plan for use of the surtax
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 502
    Amendment No. ___   Barcode 343278
 1  proceeds for fixed capital expenditures or fixed capital costs
 2  associated with the construction, reconstruction, or
 3  improvement of school facilities and campuses which have a
 4  useful life expectancy of 5 or more years, and any land
 5  acquisition, land improvement, design, and engineering costs
 6  related thereto. Additionally, the plan shall include the
 7  costs of retrofitting and providing for technology
 8  implementation, including hardware and software, for the
 9  various sites within the school district.  Surtax revenues may
10  be used for the purpose of servicing bond indebtedness to
11  finance projects authorized by this subsection, and any
12  interest accrued thereto may be held in trust to finance such
13  projects. Neither the proceeds of the surtax nor any interest
14  accrued thereto shall be used for operational expenses. If the
15  district school board has been recognized by the State Board
16  of Education as having a Florida Frugal Schools Program, the
17  district's plan for use of the surtax proceeds must be
18  consistent with this subsection and with uses assured under
19  the Florida Frugal Schools Program.
20         (e)(d)  Any school board imposing the surtax shall
21  implement a freeze on noncapital local school property taxes,
22  at the millage rate imposed in the year prior to the
23  implementation of the surtax, for a period of at least 3 years
24  from the date of imposition of the surtax.  This provision
25  shall not apply to existing debt service or required state
26  taxes.
27         (f)(e)  Surtax revenues collected by the Department of
28  Revenue pursuant to this subsection shall be distributed to
29  the school board imposing the surtax in accordance with law.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for CS for SB 502
    Amendment No. ___   Barcode 343278
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 2, line 28 after the semicolon
 4  
 5  insert:
 6         amending s. 212.055, F.S.; providing for the
 7         levy of the infrastructure sales surtax and the
 8         school capital outlay surtax by a two-thirds
 9         vote and requiring certain educational facility
10         planning prior to the levy of the school
11         capital outlay surtax; providing for the uses
12         of the surtax proceeds;
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