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.