HB 0237 2003
1	CHAMBER ACTION
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6	The Committee on Finance & Tax recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to municipal parking facility space
12	surcharges; creating s. 212.035, F.S.; authorizing certain
13	municipalities to impose and collect a surcharge on
14	certain parking facility space sale, lease, or rental
15	charges; requiring referendum approval; providing for a
16	maximum surcharge rate; providing an exception; providing
17	a limitation; specifying uses and limits of surcharge
18	proceeds; providing for local administration of the
19	surcharge; providing an effective date.
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21	Be It Enacted by the Legislature of the State of Florida:
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23	Section 1. Section 212.035, Florida Statutes, is created
24	to read:
25	212.035 Surcharge on municipal facility parking fees.--
26	(1) The governing authority of any municipality with a
27	resident population of 200,000 or more, more than 20 percent of
28	the real property of which is exempt from ad valorem taxes, and
29	which is located in a county with a population of more than
30	500,000 may impose and collect, subject to referendum approval
31	by voters in the municipality, a discretionary per-vehicle
32	surcharge of up to 15 percent of the amount charged for the
33	sale, lease, or rental of space at parking facilities within the
34	municipality that are open for use to the general public and
35	that are not airports, seaports, county administration
36	buildings, or other projects as defined under ss. 125.011 and
37	125.015, provided that this surcharge shall not take effect
38	while any surcharge imposed pursuant to s. 218.503(5)(a), is in
39	effect.
40	(2) A municipal governing authority that imposes the
41	surcharge authorized by this section may use the proceeds of
42	such surcharge for the following purposes only:
43	(a) No less than 60 percent and no more than 80 percent of
44	surcharge proceeds shall be used to reduce the municipality’s ad
45	valorem tax millage or to reduce or eliminate non-ad valorem
46	assessments, unless the municipality has previously used the
47	proceeds from the surcharge levied under s. 218.503(5)(b) to
48	reduce the municipality’s ad valorem tax millage or to reduce
49	non-ad valorem assessments.
50	(b) Not more than 40 percent and not less than 20 percent
51	of surcharge proceeds shall be used to improve transportation
52	including, but not limited to, street, sidewalk, roadway,
53	landscape, transit, and streetscape beautification improvements.
54	(3) Any municipality imposing a surcharge authorized by
55	this section shall administer the surcharge locally pursuant to
56	the powers and duties enumerated for the local administration of
57	the tourist development tax in s. 125.0104. The municipality’s
58	referendum shall also provide brackets applicable to
59	transactions subject to the surcharge.
60	Section 2. This act shall take effect upon becoming a law.