Senate Bill sb1842c1

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    Florida Senate - 2003                           CS for SB 1842

    By the Committee on Comprehensive Planning; and Senator Diaz
    de la Portilla




    316-2065-03

  1                      A bill to be entitled

  2         An act relating to municipal parking facility

  3         space surcharges; creating s. 212.035, F.S.;

  4         authorizing certain municipalities to impose

  5         and collect a surcharge on certain parking

  6         facility space sale, lease, or rental charges;

  7         requiring referendum approval; providing for a

  8         maximum surcharge rate; providing an exception;

  9         providing a limitation; specifying uses and

10         limits of surcharge proceeds; providing for

11         local administration of the surcharge;

12         providing an effective date.

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

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16         Section 1.  Section 212.035, Florida Statutes, is

17  created to read:

18         212.035  Surcharge on municipal facility parking

19  fees.--

20         (1)  The governing authority of any municipality with a

21  resident population of 200,000 or more, more than 20 percent

22  of the real property of which is exempt from ad valorem taxes,

23  and which is located in a county with a population of more

24  than 500,000 may impose and collect, subject to referendum

25  approval by voters in the municipality, a discretionary

26  per-vehicle surcharge of up to 15 percent of the amount

27  charged for the sale, lease, or rental of space at parking

28  facilities within the municipality which are open for use to

29  the general public and which are not airports, seaports,

30  county administration buildings, or other projects as defined

31  under ss. 125.011 and 125.015, provided that this surcharge

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    Florida Senate - 2003                           CS for SB 1842
    316-2065-03




 1  shall not take effect while any surcharge imposed pursuant to

 2  s. 218.503(5)(a), is in effect.

 3         (2)  A municipal governing authority that imposes the

 4  surcharge authorized by this subsection may use the proceeds

 5  of such surcharge for the following purposes only:

 6         (a)  No less than 60 percent and no more than 80

 7  percent of surcharge proceeds shall be used to reduce the

 8  municipality's ad valorem tax millage or to reduce or

 9  eliminate non-ad valorem assessments, unless the municipality

10  has used the proceeds from the surcharge to reduce the

11  municipality's ad valorem tax millage or to reduce non-ad

12  valorem assessments under s. 218.503(5)(b).

13         (b)  Not more than 40 percent and not less than 20

14  percent of surcharge proceeds shall be used to improve

15  transportation, including, but not limited to, street,

16  sidewalk, roadway, landscape, transit, and streetscape

17  beautification improvements.

18         (3)  Any municipality imposing a surcharge authorized

19  by this section shall administer the surcharge locally

20  pursuant to the powers and duties enumerated for the local

21  administration of the tourist development tax in s. 125.0104.

22  The municipality's referendum shall also provide brackets

23  applicable to transactions subject to the surcharge.

24         Section 2.  This act shall take effect upon becoming a

25  law.

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    Florida Senate - 2003                           CS for SB 1842
    316-2065-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1842

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 4  This Committee Substitute differs from the bill as filed in
    that it excludes airports, seaports and county administration
 5  buildings and projects from the imposition and collection of
    the surcharge; clarifies that the authority of the new s.
 6  212.035, F.S., is not cumulative with similar authority found
    in s. 218.503(5)a, F.S.; and requires that the surcharge be
 7  administered locally, not by the Department of Revenue.

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