Senate Bill sb2264c1

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    Florida Senate - 2004                           CS for SB 2264

    By the Committee on Finance and Taxation; and Senator Smith





    314-2345-04

  1                      A bill to be entitled

  2         An act relating to discretionary sales

  3         surtaxes; amending s. 212.055, F.S.; allowing

  4         charter counties to use no more than 25 percent

  5         of revenues received from the charter county

  6         transit system surtax for nontransit purposes;

  7         allowing a county that meets specified criteria

  8         to use the proceeds from its local government

  9         infrastructure surtax to operate and maintain

10         certain parks and recreation programs and

11         facilities; providing an effective date.

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

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15         Section 1.  Paragraph (d) of subsection (1) and

16  paragraph (g) of subsection (2) of section 212.055, Florida

17  Statutes, are amended to read:

18         212.055  Discretionary sales surtaxes; legislative

19  intent; authorization and use of proceeds.--It is the

20  legislative intent that any authorization for imposition of a

21  discretionary sales surtax shall be published in the Florida

22  Statutes as a subsection of this section, irrespective of the

23  duration of the levy.  Each enactment shall specify the types

24  of counties authorized to levy; the rate or rates which may be

25  imposed; the maximum length of time the surtax may be imposed,

26  if any; the procedure which must be followed to secure voter

27  approval, if required; the purpose for which the proceeds may

28  be expended; and such other requirements as the Legislature

29  may provide.  Taxable transactions and administrative

30  procedures shall be as provided in s. 212.054.

31         (1)  CHARTER COUNTY TRANSIT SYSTEM SURTAX.--

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    Florida Senate - 2004                           CS for SB 2264
    314-2345-04




 1         (d)  Proceeds from the surtax shall be applied to as

 2  many or as few of the uses enumerated below in whatever

 3  combination the county commission deems appropriate:

 4         1.  Deposited by the county in the trust fund and shall

 5  be used for the purposes of development, construction,

 6  equipment, maintenance, operation, supportive services,

 7  including a countywide bus system, and related costs of a

 8  fixed guideway rapid transit system;

 9         2.  Remitted by the governing body of the county to an

10  expressway or transportation authority created by law to be

11  used, at the discretion of such authority, for the

12  development, construction, operation, or maintenance of roads

13  or bridges in the county, for the operation and maintenance of

14  a bus system, for the payment of principal and interest on

15  existing bonds issued for the construction of such roads or

16  bridges, and, upon approval by the county commission, such

17  proceeds may be pledged for bonds issued to refinance existing

18  bonds or new bonds issued for the construction of such roads

19  or bridges;

20         3.  Used by the charter county For each county, as

21  defined in s. 125.011(1), used for the development,

22  construction, operation, and maintenance of roads and bridges

23  in the county; for the expansion, operation, and maintenance

24  of bus and fixed guideway systems; and for the payment of

25  principal and interest on bonds issued for the construction of

26  fixed guideway rapid transit systems, bus systems, roads, or

27  bridges; and such proceeds may be pledged by the governing

28  body of the county for bonds issued to refinance existing

29  bonds or new bonds issued for the construction of such fixed

30  guideway rapid transit systems, bus systems, roads, or bridges

31  and no more than 25 percent used for nontransit uses; and

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    Florida Senate - 2004                           CS for SB 2264
    314-2345-04




 1         4.  Used by the charter county for the planning,

 2  development, construction, operation, and maintenance of roads

 3  and bridges in the county; for the planning, development,

 4  expansion, operation, and maintenance of bus and fixed

 5  guideway systems; and for the payment of principal and

 6  interest on bonds issued for the construction of fixed

 7  guideway rapid transit systems, bus systems, roads, or

 8  bridges; and such proceeds may be pledged by the governing

 9  body of the county for bonds issued to refinance existing

10  bonds or new bonds issued for the construction of such fixed

11  guideway rapid transit systems, bus systems, roads, or

12  bridges. Pursuant to an interlocal agreement entered into

13  pursuant to chapter 163, the governing body of the charter

14  county may distribute proceeds from the tax to a municipality,

15  or an expressway or transportation authority created by law to

16  be expended for the purpose authorized by this paragraph.

17         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

18         (g)  Notwithstanding paragraph (d), a county having a

19  population greater than 75,000 in which the taxable value of

20  real property is less than 60 40 percent or more of the just

21  value of real property for is exempt or immune from ad valorem

22  tax purposes for the tax year in which an infrastructure

23  surtax referendum is placed before the voters taxation, and

24  the municipalities within such a county, may use the proceeds

25  and interest of the surtax for operation and maintenance of

26  parks and recreation programs and facilities established with

27  the proceeds of the surtax throughout the duration of the

28  surtax levy or while interest earnings accruing from the

29  proceeds of the surtax are available for such use, whichever

30  period is longer.

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    Florida Senate - 2004                           CS for SB 2264
    314-2345-04




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

 2  law.

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 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                             SB 2264

 6                                 

 7  The committee substitute made the following changes to SB
    2264:
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    Authorizes all charter counties eligible to levy the charter
 9  county transit system surtax to use up to 25% of the proceeds
    from the surtax for non-transit purposes.
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