HB 1251

1
A bill to be entitled
2An act relating to county power to levy and collect taxes;
3amending s. 125.01, F.S.; including municipal public
4service taxes in certain chartered counties under such
5power; deleting a referendum exception for a county levy
6of ad valorem taxes for municipal services in a municipal
7service taxing unit; amending s. 166.231, F.S.; including
8certain chartered counties under provisions authorizing
9imposition of a public service tax on purchases of
10electricity, gas, and water; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (r) of subsection (1) of section
15125.01, Florida Statutes, is amended to read:
16     125.01  Powers and duties.--
17     (1)  The legislative and governing body of a county shall
18have the power to carry on county government. To the extent not
19inconsistent with general or special law, this power includes,
20but is not restricted to, the power to:
21     (r)  Levy and collect taxes, including a public service tax
22as provided in s. 166.231 in a county that has adopted a charter
23pursuant to part II of this chapter, both for county purposes
24and for the providing of municipal services within any municipal
25service taxing unit, and special assessments; borrow and expend
26money; and issue bonds, revenue certificates, and other
27obligations of indebtedness, which power shall be exercised in
28such manner, and subject to such limitations, as may be provided
29by general law. There shall be no referendum required for the
30levy by a county of ad valorem taxes, both for county purposes
31and for the providing of municipal services within any municipal
32service taxing unit.
33     Section 2.  Section 166.231, Florida Statutes, is amended
34to read:
35     166.231  Municipalities and charter counties; public
36service tax.--
37     (1)(a)  A municipality or a county chartered under part II
38of chapter 125 may levy a tax on the purchase of electricity,
39metered natural gas, liquefied petroleum gas either metered or
40bottled, manufactured gas either metered or bottled, and water
41service. Except for those municipalities in which paragraph (c)
42applies, the tax shall be levied only upon purchases within the
43municipality or such county and shall not exceed 10 percent of
44the payments received by the seller of the taxable item from the
45purchaser for the purchase of such service. Municipalities
46imposing a tax on the purchase of cable television service as of
47May 4, 1977, may continue to levy such tax to the extent
48necessary to meet all obligations to or for the benefit of
49holders of bonds or certificates which were issued prior to May
504, 1977. Purchase of electricity means the purchase of electric
51power by a person who will consume it within the municipality or
52such county.
53     (b)  The tax imposed by paragraph (a) shall not be applied
54against any fuel adjustment charge, and such charge shall be
55separately stated on each bill. The term "fuel adjustment
56charge" means all increases in the cost of utility services to
57the ultimate consumer resulting from an increase in the cost of
58fuel to the utility subsequent to October 1, 1973.
59     (c)  The tax in paragraph (a) on water service may be
60applied outside municipal boundaries to property included in a
61development of regional impact approved pursuant to s. 380.06,
62if agreed to in writing by the developer of such property and
63the municipality prior to March 31, 2000. If a tax levied
64pursuant to the subsection is challenged, recovery, if any,
65shall be limited to moneys paid into an escrow account of the
66clerk of the court subsequent to such challenge.
67     (2)  Services competitive with those enumerated in
68subsection (1), as defined by ordinance, shall be taxed on a
69comparable base at the same rates. However, fuel oil shall be
70taxed at a rate not to exceed 4 cents per gallon. However, for
71municipalities or counties chartered under part II of chapter
72125 levying less than the maximum rate allowable in subsection
73(1), the maximum tax on fuel oil shall bear the same proportion
74to 4 cents which the tax rate levied under subsection (1) bears
75to the maximum rate allowable in subsection (1).
76     (3)  A municipality or a county chartered under part II of
77chapter 125 may exempt from the tax imposed by this section any
78amount up to, and including, the first 500 kilowatt hours of
79electricity purchased per month for residential use. Such
80exemption shall apply to each separate residential unit,
81regardless of whether such unit is on a separate meter or a
82central meter, and shall be passed on to each individual tenant.
83     (4)(a)  The purchase of natural gas, manufactured gas, or
84fuel oil by a public or private utility, either for resale or
85for use as fuel in the generation of electricity, or the
86purchase of fuel oil or kerosene for use as an aircraft engine
87fuel or propellant or for use in internal combustion engines is
88exempt from taxation hereunder.
89     (b)  A municipality or a county chartered under part II of
90chapter 125 may exempt from the tax imposed by this section the
91purchase of metered or bottled gas (natural liquefied petroleum
92gas or manufactured) or fuel oil for agricultural purposes. As
93used in this paragraph, "agricultural purposes" means bona fide
94farming, pasture, grove, or forestry operations, including
95horticulture, floriculture, viticulture, dairy, livestock,
96poultry, bee, and aquaculture.
97     (5)  Purchases by the United States Government, this state,
98and all counties, school districts, and municipalities of the
99state, and by public bodies exempted by law or court order, are
100exempt from the tax authorized by this section. A municipality
101or a county chartered under part II of chapter 125 may exempt
102from the tax imposed by this section the purchase of taxable
103items by any other public body as defined in s. 1.01, or by a
104nonprofit corporation or cooperative association organized under
105chapter 617 which provides water utility services to no more
106than 13,500 equivalent residential units, ownership of which
107will revert to a political subdivision upon retirement of all
108outstanding indebtedness, and shall exempt purchases by any
109recognized church in this state for use exclusively for church
110purposes.
111     (6)  A municipality or a county chartered under part II of
112chapter 125 may exempt from the tax imposed by this section any
113amount up to, and including, the total amount of electricity,
114metered natural gas, liquefied petroleum gas either metered or
115bottled, or manufactured gas either metered or bottled purchased
116per month, or reduce the rate of taxation on the purchase of
117such electricity or gas when purchased by an industrial consumer
118which uses the electricity or gas directly in industrial
119manufacturing, processing, compounding, or a production process,
120at a fixed location in the municipality or county, of items of
121tangible personal property for sale. The municipality or county
122shall establish the requirements for qualification for this
123exemption in the manner prescribed by ordinance. Possession by a
124seller of a written certification by the purchaser, certifying
125the purchaser's entitlement to an exemption permitted by this
126subsection, relieves the seller from the responsibility of
127collecting the tax on the nontaxable amounts, and the
128municipality or county shall look solely to the purchaser for
129recovery of such tax if it determines that the purchaser was not
130entitled to the exemption. Any municipality or county granting
131an exemption pursuant to this subsection shall grant the
132exemption to all companies classified in the same SIC Industry
133Major Group Number.
134     (7)  The tax authorized hereunder shall be collected by the
135seller of the taxable item from the purchaser at the time of the
136payment for such service. The seller shall remit the taxes
137collected to the municipality or county in the manner prescribed
138by ordinance. Except as otherwise provided in ss. 166.233 and
139166.234, the seller shall be liable for taxes that are due and
140not remitted to the municipality or county. This shall not bar
141the seller from recovering such taxes from purchasers; however,
142the universities in the State University System shall not be
143deemed a seller of any item otherwise taxable hereunder when
144such item is provided to university residences incidental to the
145provision of educational services.
146     (8)(a)  Beginning July 1, 1995, a municipality may by
147ordinance exempt not less than 50 percent of the tax imposed
148under this section on purchasers of electrical energy who are
149determined to be eligible for the exemption provided by s.
150212.08(15) by the Department of Revenue. The exemption shall be
151administered as provided in that section. A copy of any
152ordinance adopted pursuant to this subsection shall be provided
153to the Department of Revenue not less than 14 days prior to its
154effective date.
155     (b)  If an area that is nominated as an enterprise zone
156pursuant to s. 290.0055 has not yet been designated pursuant to
157s. 290.0065, a municipality may enact an ordinance for such
158exemption; however, the ordinance shall not be effective until
159such area is designated pursuant to s. 290.0065.
160     (c)  This subsection shall expire and be void on December
16131, 2005, except that any qualified business which has satisfied
162the requirements of this subsection prior to December 31, 2005,
163shall be allowed the full benefit of the exemption allowed under
164this subsection as if this subsection had not expired on
165December 31, 2005.
166     (9)  A purchaser who claims an exemption under subsection
167(4) or subsection (5) shall certify to the seller that he or she
168qualifies for the exemption, which certification may encompass
169all purchases after a specified date or other multiple
170purchases. A seller accepting the certification required by this
171subsection is relieved of the obligation to collect and remit
172tax; however, a governmental body that is exempt from the tax
173authorized by this section shall not be required to furnish such
174certification, and a seller is not required to collect tax from
175such an exempt governmental body.
176     (10)  Governmental bodies which sell or resell taxable
177service to nonexempt end users must collect and remit the tax
178levied under this section.
179     Section 3.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.