1 | A bill to be entitled |
2 | An act relating to county power to levy and collect taxes; |
3 | amending s. 125.01, F.S.; including municipal public |
4 | service taxes in certain chartered counties under such |
5 | power; deleting a referendum exception for a county levy |
6 | of ad valorem taxes for municipal services in a municipal |
7 | service taxing unit; amending s. 166.231, F.S.; including |
8 | certain chartered counties under provisions authorizing |
9 | imposition of a public service tax on purchases of |
10 | electricity, gas, and water; providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Paragraph (r) of subsection (1) of section |
15 | 125.01, Florida Statutes, is amended to read: |
16 | 125.01 Powers and duties.-- |
17 | (1) The legislative and governing body of a county shall |
18 | have the power to carry on county government. To the extent not |
19 | inconsistent with general or special law, this power includes, |
20 | but is not restricted to, the power to: |
21 | (r) Levy and collect taxes, including a public service tax |
22 | as provided in s. 166.231 in a county that has adopted a charter |
23 | pursuant to part II of this chapter, both for county purposes |
24 | and for the providing of municipal services within any municipal |
25 | service taxing unit, and special assessments; borrow and expend |
26 | money; and issue bonds, revenue certificates, and other |
27 | obligations of indebtedness, which power shall be exercised in |
28 | such manner, and subject to such limitations, as may be provided |
29 | by general law. There shall be no referendum required for the |
30 | levy by a county of ad valorem taxes, both for county purposes |
31 | and for the providing of municipal services within any municipal |
32 | service taxing unit. |
33 | Section 2. Section 166.231, Florida Statutes, is amended |
34 | to read: |
35 | 166.231 Municipalities and charter counties; public |
36 | service tax.-- |
37 | (1)(a) A municipality or a county chartered under part II |
38 | of chapter 125 may levy a tax on the purchase of electricity, |
39 | metered natural gas, liquefied petroleum gas either metered or |
40 | bottled, manufactured gas either metered or bottled, and water |
41 | service. Except for those municipalities in which paragraph (c) |
42 | applies, the tax shall be levied only upon purchases within the |
43 | municipality or such county and shall not exceed 10 percent of |
44 | the payments received by the seller of the taxable item from the |
45 | purchaser for the purchase of such service. Municipalities |
46 | imposing a tax on the purchase of cable television service as of |
47 | May 4, 1977, may continue to levy such tax to the extent |
48 | necessary to meet all obligations to or for the benefit of |
49 | holders of bonds or certificates which were issued prior to May |
50 | 4, 1977. Purchase of electricity means the purchase of electric |
51 | power by a person who will consume it within the municipality or |
52 | such county. |
53 | (b) The tax imposed by paragraph (a) shall not be applied |
54 | against any fuel adjustment charge, and such charge shall be |
55 | separately stated on each bill. The term "fuel adjustment |
56 | charge" means all increases in the cost of utility services to |
57 | the ultimate consumer resulting from an increase in the cost of |
58 | fuel to the utility subsequent to October 1, 1973. |
59 | (c) The tax in paragraph (a) on water service may be |
60 | applied outside municipal boundaries to property included in a |
61 | development of regional impact approved pursuant to s. 380.06, |
62 | if agreed to in writing by the developer of such property and |
63 | the municipality prior to March 31, 2000. If a tax levied |
64 | pursuant to the subsection is challenged, recovery, if any, |
65 | shall be limited to moneys paid into an escrow account of the |
66 | clerk of the court subsequent to such challenge. |
67 | (2) Services competitive with those enumerated in |
68 | subsection (1), as defined by ordinance, shall be taxed on a |
69 | comparable base at the same rates. However, fuel oil shall be |
70 | taxed at a rate not to exceed 4 cents per gallon. However, for |
71 | municipalities or counties chartered under part II of chapter |
72 | 125 levying less than the maximum rate allowable in subsection |
73 | (1), the maximum tax on fuel oil shall bear the same proportion |
74 | to 4 cents which the tax rate levied under subsection (1) bears |
75 | to the maximum rate allowable in subsection (1). |
76 | (3) A municipality or a county chartered under part II of |
77 | chapter 125 may exempt from the tax imposed by this section any |
78 | amount up to, and including, the first 500 kilowatt hours of |
79 | electricity purchased per month for residential use. Such |
80 | exemption shall apply to each separate residential unit, |
81 | regardless of whether such unit is on a separate meter or a |
82 | central meter, and shall be passed on to each individual tenant. |
83 | (4)(a) The purchase of natural gas, manufactured gas, or |
84 | fuel oil by a public or private utility, either for resale or |
85 | for use as fuel in the generation of electricity, or the |
86 | purchase of fuel oil or kerosene for use as an aircraft engine |
87 | fuel or propellant or for use in internal combustion engines is |
88 | exempt from taxation hereunder. |
89 | (b) A municipality or a county chartered under part II of |
90 | chapter 125 may exempt from the tax imposed by this section the |
91 | purchase of metered or bottled gas (natural liquefied petroleum |
92 | gas or manufactured) or fuel oil for agricultural purposes. As |
93 | used in this paragraph, "agricultural purposes" means bona fide |
94 | farming, pasture, grove, or forestry operations, including |
95 | horticulture, floriculture, viticulture, dairy, livestock, |
96 | poultry, bee, and aquaculture. |
97 | (5) Purchases by the United States Government, this state, |
98 | and all counties, school districts, and municipalities of the |
99 | state, and by public bodies exempted by law or court order, are |
100 | exempt from the tax authorized by this section. A municipality |
101 | or a county chartered under part II of chapter 125 may exempt |
102 | from the tax imposed by this section the purchase of taxable |
103 | items by any other public body as defined in s. 1.01, or by a |
104 | nonprofit corporation or cooperative association organized under |
105 | chapter 617 which provides water utility services to no more |
106 | than 13,500 equivalent residential units, ownership of which |
107 | will revert to a political subdivision upon retirement of all |
108 | outstanding indebtedness, and shall exempt purchases by any |
109 | recognized church in this state for use exclusively for church |
110 | purposes. |
111 | (6) A municipality or a county chartered under part II of |
112 | chapter 125 may exempt from the tax imposed by this section any |
113 | amount up to, and including, the total amount of electricity, |
114 | metered natural gas, liquefied petroleum gas either metered or |
115 | bottled, or manufactured gas either metered or bottled purchased |
116 | per month, or reduce the rate of taxation on the purchase of |
117 | such electricity or gas when purchased by an industrial consumer |
118 | which uses the electricity or gas directly in industrial |
119 | manufacturing, processing, compounding, or a production process, |
120 | at a fixed location in the municipality or county, of items of |
121 | tangible personal property for sale. The municipality or county |
122 | shall establish the requirements for qualification for this |
123 | exemption in the manner prescribed by ordinance. Possession by a |
124 | seller of a written certification by the purchaser, certifying |
125 | the purchaser's entitlement to an exemption permitted by this |
126 | subsection, relieves the seller from the responsibility of |
127 | collecting the tax on the nontaxable amounts, and the |
128 | municipality or county shall look solely to the purchaser for |
129 | recovery of such tax if it determines that the purchaser was not |
130 | entitled to the exemption. Any municipality or county granting |
131 | an exemption pursuant to this subsection shall grant the |
132 | exemption to all companies classified in the same SIC Industry |
133 | Major Group Number. |
134 | (7) The tax authorized hereunder shall be collected by the |
135 | seller of the taxable item from the purchaser at the time of the |
136 | payment for such service. The seller shall remit the taxes |
137 | collected to the municipality or county in the manner prescribed |
138 | by ordinance. Except as otherwise provided in ss. 166.233 and |
139 | 166.234, the seller shall be liable for taxes that are due and |
140 | not remitted to the municipality or county. This shall not bar |
141 | the seller from recovering such taxes from purchasers; however, |
142 | the universities in the State University System shall not be |
143 | deemed a seller of any item otherwise taxable hereunder when |
144 | such item is provided to university residences incidental to the |
145 | provision of educational services. |
146 | (8)(a) Beginning July 1, 1995, a municipality may by |
147 | ordinance exempt not less than 50 percent of the tax imposed |
148 | under this section on purchasers of electrical energy who are |
149 | determined to be eligible for the exemption provided by s. |
150 | 212.08(15) by the Department of Revenue. The exemption shall be |
151 | administered as provided in that section. A copy of any |
152 | ordinance adopted pursuant to this subsection shall be provided |
153 | to the Department of Revenue not less than 14 days prior to its |
154 | effective date. |
155 | (b) If an area that is nominated as an enterprise zone |
156 | pursuant to s. 290.0055 has not yet been designated pursuant to |
157 | s. 290.0065, a municipality may enact an ordinance for such |
158 | exemption; however, the ordinance shall not be effective until |
159 | such area is designated pursuant to s. 290.0065. |
160 | (c) This subsection shall expire and be void on December |
161 | 31, 2005, except that any qualified business which has satisfied |
162 | the requirements of this subsection prior to December 31, 2005, |
163 | shall be allowed the full benefit of the exemption allowed under |
164 | this subsection as if this subsection had not expired on |
165 | December 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 |
168 | qualifies for the exemption, which certification may encompass |
169 | all purchases after a specified date or other multiple |
170 | purchases. A seller accepting the certification required by this |
171 | subsection is relieved of the obligation to collect and remit |
172 | tax; however, a governmental body that is exempt from the tax |
173 | authorized by this section shall not be required to furnish such |
174 | certification, and a seller is not required to collect tax from |
175 | such an exempt governmental body. |
176 | (10) Governmental bodies which sell or resell taxable |
177 | service to nonexempt end users must collect and remit the tax |
178 | levied under this section. |
179 | Section 3. This act shall take effect July 1, 2005. |