HB 0237, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to municipal parking facility space
3	surcharges; creating s. 166.271, F.S.; authorizing certain
4	municipalities to impose and collect a surcharge on
5	certain parking facility space sale, lease, or rental
6	charges; requiring referendum approval; providing for a
7	maximum surcharge rate; providing an exception; providing
8	a limitation; specifying uses and limits of surcharge
9	proceeds; providing for local administration of the
10	surcharge; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Section 166.271, Florida Statutes, is created
15	to read:
16	166.271 Surcharge on municipal facility parking fees.--
17	(1) The governing authority of any municipality with a
18	resident population of 200,000 or more, more than 20 percent of
19	the real property of which is exempt from ad valorem taxes, and
20	which is located in a county with a population of more than
21	500,000 may impose and collect, subject to referendum approval
22	by voters in the municipality, a discretionary per-vehicle
23	surcharge of up to 15 percent of the amount charged for the
24	sale, lease, or rental of space at parking facilities within the
25	municipality that are open for use to the general public and
26	that are not airports, seaports, county administration
27	buildings, or other projects as defined under ss. 125.011 and
28	125.015, provided that the surcharge shall not take effect while
29	any surcharge imposed pursuant to s. 218.503(5)(a) is in effect.
30	(2) A municipal governing authority that imposes the
31	surcharge authorized by this section may use the proceeds of
32	such surcharge for the following purposes only:
33	(a) No less than 60 percent and no more than 80 percent of
34	surcharge proceeds shall be used to reduce the municipality’s ad
35	valorem tax millage or to reduce or eliminate non-ad valorem
36	assessments, unless the municipality has previously used the
37	proceeds from the surcharge levied under s. 218.503(5)(b) to
38	reduce the municipality’s ad valorem tax millage or to reduce
39	non-ad valorem assessments.
40	(b) No more than 40 percent and no less than 20 percent of
41	surcharge proceeds shall be used to improve transportation,
42	including, but not limited to, street, sidewalk, roadway,
43	landscape, transit, and streetscape beautification improvements.
44	These designated surcharge proceeds shall be used in downtown or
45	urban core areas. Downtown or urban core areas shall be
46	coterminous with any downtown development district established
47	pursuant to s. 166.0497 or chapter 65-1090, Laws of Florida.
48	Alternatively, any eligible local governmental entity may
49	identify the downtown or urban core area as any contiguous area
50	consisting of lands where the predominant acreage is designated
51	as commercial or its substantial equivalent pursuant to the
52	local government comprehensive plan or other implementing land
53	development regulations.
54	(3) Any municipality imposing a surcharge authorized by
55	this section shall administer the surcharge locally and should
56	provide for brackets applicable to transactions subject to the
57	surcharge.
58	Section 2. This act shall take effect upon becoming a law.