Senate Bill sb1842er
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2003 Legislature CS for SB 1842, 1st Engrossed
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2 An act relating to municipal parking facility
3 space surcharges; creating s. 166.271, 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 166.271, Florida Statutes, is
17 created to read:
18 166.271 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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2003 Legislature CS for SB 1842, 1st Engrossed
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 previously used the proceeds from the surcharge levied
11 under s. 218.503(5)(b) to reduce the municipality's ad valorem
12 tax millage or to reduce non-ad valorem assessments.
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. These designated surcharge
18 proceeds shall be used in downtown or urban core areas.
19 Downtown or urban core areas shall be coterminous with any
20 downtown development district established pursuant to s.
21 166.0497 or chapter 65-1090, Laws of Florida. Alternatively,
22 any eligible local governmental entity may identify the
23 downtown or urban core area as any contiguous area consisting
24 of lands where the predominant acreage is designated as
25 commercial or its substantial equivalent pursuant to the local
26 government comprehensive plan or other implementing land
27 development regulations.
28 (3) Any municipality imposing a surcharge authorized
29 by this section shall administer the surcharge locally and
30 should provide for brackets applicable to transactions subject
31 to the surcharge.
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2003 Legislature CS for SB 1842, 1st Engrossed
1 Section 2. This act shall take effect upon becoming a
2 law.
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