1 | The Committee on Finance & Tax recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to discretionary sales surtaxes; amending |
7 | s. 212.055, F.S.; clarifying provisions specifying uses of |
8 | proceeds of the charter county transit system surtax; |
9 | revising an eligibility criterion for county and municipal |
10 | use of local government infrastructure surtax proceeds for |
11 | operation and maintenance of parks and recreation programs |
12 | and facilities; providing limitations; providing an |
13 | effective date. |
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15 | Be It Enacted by the Legislature of the State of Florida: |
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17 | Section 1. Paragraph (d) of subsection (1) and paragraph |
18 | (g) of subsection (2) of section 212.055, Florida Statutes, are |
19 | amended to read: |
20 | 212.055 Discretionary sales surtaxes; legislative intent; |
21 | authorization and use of proceeds.--It is the legislative intent |
22 | that any authorization for imposition of a discretionary sales |
23 | surtax shall be published in the Florida Statutes as a |
24 | subsection of this section, irrespective of the duration of the |
25 | levy. Each enactment shall specify the types of counties |
26 | authorized to levy; the rate or rates which may be imposed; the |
27 | maximum length of time the surtax may be imposed, if any; the |
28 | procedure which must be followed to secure voter approval, if |
29 | required; the purpose for which the proceeds may be expended; |
30 | and such other requirements as the Legislature may provide. |
31 | Taxable transactions and administrative procedures shall be as |
32 | provided in s. 212.054. |
33 | (1) CHARTER COUNTY TRANSIT SYSTEM SURTAX.-- |
34 | (d) Proceeds from the surtax shall be applied to as many |
35 | or as few of the uses enumerated below in whatever combination |
36 | the county commission deems appropriate: |
37 | 1. Deposited by the county in the trust fund and shall be |
38 | used for the purposes of development, construction, equipment, |
39 | maintenance, operation, supportive services, including a |
40 | countywide bus system, and related costs of a fixed guideway |
41 | rapid transit system; |
42 | 2. Remitted by the governing body of the county to an |
43 | expressway or transportation authority created by law to be |
44 | used, at the discretion of such authority, for the development, |
45 | construction, operation, or maintenance of roads or bridges in |
46 | the county, for the operation and maintenance of a bus system, |
47 | for the payment of principal and interest on existing bonds |
48 | issued for the construction of such roads or bridges, and, upon |
49 | approval by the county commission, such proceeds may be pledged |
50 | for bonds issued to refinance existing bonds or new bonds issued |
51 | for the construction of such roads or bridges; |
52 | 3. For each county, as defined in s. 125.011(1), Used by |
53 | the charter county for the development, construction, operation, |
54 | and maintenance of roads and bridges in the county; for the |
55 | expansion, operation, and maintenance of bus and fixed guideway |
56 | systems; and for the payment of principal and interest on bonds |
57 | issued for the construction of fixed guideway rapid transit |
58 | systems, bus systems, roads, or bridges; and such proceeds may |
59 | be pledged by the governing body of the county for bonds issued |
60 | to refinance existing bonds or new bonds issued for the |
61 | construction of such fixed guideway rapid transit systems, bus |
62 | systems, roads, or bridges and no more than 25 percent used for |
63 | nontransit uses; and |
64 | 4. Used by the charter county for the planning, |
65 | development, construction, operation, and maintenance of roads |
66 | and bridges in the county; for the planning, development, |
67 | expansion, operation, and maintenance of bus and fixed guideway |
68 | systems; and for the payment of principal and interest on bonds |
69 | issued for the construction of fixed guideway rapid transit |
70 | systems, bus systems, roads, or bridges; and such proceeds may |
71 | be pledged by the governing body of the county for bonds issued |
72 | to refinance existing bonds or new bonds issued for the |
73 | construction of such fixed guideway rapid transit systems, bus |
74 | systems, roads, or bridges. Pursuant to an interlocal agreement |
75 | entered into pursuant to chapter 163, the governing body of the |
76 | charter county may distribute proceeds from the tax to a |
77 | municipality, or an expressway or transportation authority |
78 | created by law to be expended for the purpose authorized by this |
79 | paragraph. |
80 | (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- |
81 | (g) Notwithstanding paragraph (d), a county having a |
82 | population greater than 75,000 in which the taxable value of |
83 | real property is less than 60 40 percent or more of the just |
84 | value of real property for is exempt or immune from ad valorem |
85 | tax purposes for the tax year in which an infrastructure surtax |
86 | referendum is placed before the voters taxation, and the |
87 | municipalities within such a county, may use the proceeds and |
88 | interest of the surtax for operation and maintenance of parks |
89 | and recreation programs and facilities established with the |
90 | proceeds of the surtax throughout the duration of the surtax |
91 | levy or while interest earnings accruing from the proceeds of |
92 | the surtax are available for such use, whichever period is |
93 | longer. |
94 | Section 2. This act shall take effect upon becoming a law. |