Amendment
Bill No. 1350
Amendment No. 258233
CHAMBER ACTION
Senate House
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1Representative(s) Russell offered the following:
2
3     Amendment (with title amendment)
4     On page 8, between line(s) 28 and 29, insert:
5     Section 7.  Section 212.0606, Florida Statutes, is amended
6to read:
7     212.0606  Rental car surcharge.--
8     (1)  A surcharge of $2 $2.00 per day or any part of a day
9is imposed upon the lease or rental of a motor vehicle licensed
10for hire and designed to carry fewer less than nine passengers,
11regardless of whether such motor vehicle is licensed in Florida.
12The surcharge applies to only the first 30 days of the term of
13any lease or rental and. The surcharge is subject to all
14applicable taxes imposed by this chapter.
15     (2)(a)  Notwithstanding s. the provisions of section
16212.20, and less costs of administration, 80 percent of the
17proceeds of the this surcharge imposed under subsection (1)
18shall be deposited in the State Transportation Trust Fund, 15.75
19percent of the proceeds of this surcharge shall be deposited in
20the Tourism Promotional Trust Fund created in s. 288.122, and
214.25 percent of the proceeds of this surcharge shall be
22deposited in the Florida International Trade and Promotion Trust
23Fund. As used in For the purposes of this subsection, "proceeds"
24of the surcharge means all funds collected and received by the
25department under subsection (1) this section, including interest
26and penalties on delinquent surcharges. The department shall
27provide the Department of Transportation rental car surcharge
28revenue information for the previous state fiscal year by
29September 1 of each year.
30     (b)  Notwithstanding any other provision of law, in fiscal
31year 2007-2008 and each year thereafter, the proceeds deposited
32in the State Transportation Trust Fund shall be allocated on an
33annual basis in the Department of Transportation's work program
34to each department district, except the Turnpike District. The
35amount allocated for each district shall be based upon the
36amount of proceeds attributed to the counties within each
37respective district.
38     (3)(a)  In addition to the surcharge imposed under
39subsection (1), a county may provide by ordinance, to be
40approved by countywide referendum, for the imposition of a local
41surcharge of $2 per day or any part of a day upon the lease or
42rental of a motor vehicle licensed for hire and designed to
43carry fewer than nine passengers, regardless of whether such
44motor vehicle is licensed in this state. The local surcharge may
45be applied to only the first 30 days of the term of any lease or
46rental. The local surcharge shall not apply to the lease or
47rental of a motor vehicle by a person for the period of time
48required to have a motor vehicle owned by the person undergo
49maintenance or repair. The person must provide a receipt for the
50cost of the maintenance or repair services and documentation
51that the person owns the motor vehicle undergoing maintenance or
52repair. The local surcharge is subject to all applicable taxes
53imposed by this chapter.
54     (b)  If the ordinance authorizing the imposition of the
55local surcharge is approved by such referendum, a certified copy
56of the ordinance shall be furnished by the county to the
57department within 10 days after such approval, but no later than
58November 16 prior to the effective date. The notice must specify
59the time period during which the local surcharge will be in
60effect and must include a copy of the ordinance and such other
61information as the department may require by rule. Failure to
62timely provide such notification to the department shall result
63in the delay of the effective date for a period of 1 year. The
64effective date for any county to impose the local surcharge
65shall be January 1 following the year in which the ordinance was
66approved by referendum. A local surcharge may not terminate on a
67date other than December 31.
68     (c)  Any local surcharge proceeds collected by a dealer
69that fails to report surcharge collections by county as required
70by paragraph (4)(b) shall be deposited into the Solid Waste
71Management Trust Fund and then transferred to the Local Option
72Fuel Tax Trust Fund as separate from the county surcharge
73collection accounts. The department shall distribute funds in
74this account, less the cost of administration, using a
75distribution factor determined for each county that levies a
76local surcharge, based upon the county's latest official
77population determined pursuant to s. 186.901 and multiplied by
78the amount of funds in the account and available for
79distribution.
80     (d)  Notwithstanding s. 212.20, and less the costs of
81administration, the proceeds of the local surcharge imposed
82under paragraph (a) shall be transferred to the Local Option
83Fuel Tax Trust Fund for the purposes allowed under s. 206.60 and
84distributed monthly by the department under s. 336.025(3)(a)1.
85or s. 336.025(4)(a), except that the local surcharge proceeds
86shall be distributed monthly by the department directly to those
87counties that have entered into interlocal funding agreements
88with regional transportation authorities created pursuant to
89chapter 343. As used in this subsection, "proceeds" of the local
90surcharge means all funds collected and received by the
91department under this subsection, including interest and
92penalties on delinquent local surcharges.
93     (4)(3)(a)  Except as provided in this section, the
94department shall administer, collect, and enforce the surcharge
95and local surcharge as provided in this chapter.
96     (b)  The department shall require dealers to report
97surcharge and local surcharge collections according to the
98county to which the surcharge and local surcharge were was
99attributed. For purposes of this section, the surcharge and
100local surcharge shall be attributed to the county where the
101rental agreement was entered into.
102     (c)  Dealers who collect a the rental car surcharge shall
103report to the department all surcharge and local surcharge
104revenues attributed to the county where the rental agreement was
105entered into on a timely filed return for each required
106reporting period. The provisions of this chapter which apply to
107interest and penalties on delinquent taxes shall apply to the
108surcharge and local surcharge. The surcharge and local surcharge
109shall not be included in the calculation of estimated taxes
110pursuant to s. 212.11. The dealer's credit provided in s. 212.12
111shall not apply to any amount collected under this section.
112     (5)(4)  The surcharge and any local surcharge imposed by
113this section do does not apply to a motor vehicle provided at no
114charge to a person whose motor vehicle is being repaired,
115adjusted, or serviced by the entity providing the replacement
116motor vehicle.
117     Section 8.  Paragraph (b) of subsection (1) of section
118343.54, Florida Statutes, is amended to read:
119     343.54  Powers and duties.--
120     (1)
121     (b)  It is the express intention of this part that the
122authority be authorized to plan, develop, own, purchase, lease,
123or otherwise acquire, demolish, construct, improve, relocate,
124equip, repair, maintain, operate, and manage a transit system
125and transit facilities; to establish and determine the policies
126necessary for the best interest of the operation and promotion
127of a transit system; and to adopt rules necessary to govern the
128operation of a transit commuter rail system and transit commuter
129rail facilities. It is the intent of the Legislature that the
130South Florida Regional Transportation Authority shall have
131overall authority to coordinate, develop, and operate a regional
132transportation system within the area served.
133     Section 9.  Subsection (4) is added to section 343.55,
134Florida Statutes, to read:
135     343.55  Issuance of revenue bonds.--
136     (4)  The state pledges to and agrees with any person, firm,
137corporation, or federal or state agency subscribing to or
138acquiring the bonds to be issued by the authority for the
139purposes of the South Florida Regional Transportation Authority
140Act that the state will not limit or alter the rights vested in
141the authority under this section until all bonds at any time
142issued and secured by revenues remitted to the authority
143pursuant to s. 343.58, together with the interest thereon, are
144fully paid and discharged, insofar as the same affects the
145rights of the holders of bonds issued under this section.
146     Section 10.  Section 343.58, Florida Statutes, is amended
147to read:
148     343.58  County funding for the South Florida Regional
149Transportation Authority.--
150     (1)  Each county served by the South Florida Regional
151Transportation Authority must dedicate and transfer not less
152than $2.67 million to the authority annually. The recurring
153annual $2.67 million must be dedicated by the governing body of
154each county prior to October 31 of each fiscal year by August 1,
1552003. Notwithstanding ss. 206.41 and 206.87, such dedicated
156funding may come from each county's share of the ninth-cent fuel
157tax, the local option fuel tax, or any other source of local gas
158taxes or other nonfederal funds available to the counties. In
159addition, the Legislature authorizes the levy of an annual
160license tax in the amount of $2 for the registration or renewal
161of registration of each vehicle taxed under s. 320.08 and
162registered in the area served by the South Florida Regional
163Transportation Authority. The annual license tax shall take
164effect in any county served by the authority upon approval by
165the residents in a county served by the authority. The annual
166license tax shall be levied and the Department of Highway Safety
167and Motor Vehicles shall remit the proceeds each month from the
168tax to the South Florida Regional Transportation Authority.
169     (2)  At least $45 million of the state-authorized, local
170option rental-car surcharge available to Broward, Miami-Dade,
171and Palm Beach counties shall be directed to the authority to
172fund its capital, operating, and maintenance expenses.  The
173funding source shall be dedicated to the authority only if
174Broward, Miami-Dade, and Palm Beach counties each impose the
175local-option rental-car surcharge.
176     (3)(2)  In addition, each county shall continue to annually
177fund the operations of the South Florida Regional Transportation
178Authority in an amount not less than $4.2 $1.565 million.
179Revenue raised Such funds pursuant to this subsection shall also
180be considered a dedicated funding source.
181     (4)  The current funding obligations under subsections (1)
182and (3) shall cease upon commencement of the collection of
183funding from the funding source under subsection (2). Should the
184funding under subsection (2) be discontinued for any reason, the
185funding obligations under subsections (1) and (3) shall resume
186when collection from the funding source under subsection (2)
187ceases. Payment by the counties shall be on a pro rata basis the
188first year following cessation of the funding under subsection
189(2). The authority shall refund a pro rata share of the payments
190for the current fiscal year made pursuant to the current funding
191obligations under subsections (1) and (3) as soon as reasonably
192practicable after it begins to receive funds under subsection
193(2).
194     (5)  If, by December 31, 2015 2009, the South Florida
195Regional Transportation Authority has not received federal
196matching funds based upon the dedication of funds under
197subsection (1), subsection (1) shall be repealed.
198     Section 11.  The Legislature finds that a proper and
199legitimate state purpose is served in the effective and
200efficient planning and operation of a regional transportation
201system. Therefore, the Legislature determines and declares that
202this act fulfills an important state interest.
203
204
205========= T I T L E  A M E N D M E N T =========
206     On page 1, between line(s) 18 and 19,
207insert:
208amending s. 212.0606, F.S.; providing for the imposition
209by countywide referendum of an additional surcharge on the
210lease or rental of a motor vehicle; providing procedures
211and requirements for imposing the surcharge; providing for
212time of effect of the surcharge; providing for a
213distribution and use of funds collected from the
214surcharge; providing procedures for collection; providing
215for exceptions; amending s. 343.54, F.S.; revising
216language relating to powers and duties of the South
217Florida Regional Transportation Authority; deleting the
218term "commuter rail"; amending s. 343.55, F.S.; providing
219pledge to bondholders that the state will not alter
220certain rights vested in the authority that affect the
221rights of bondholders while bonds are outstanding;
222amending s. 343.58, F.S.; revising provisions for funding
223of the authority; requiring counties served by the
224authority to annually transfer certain funds before a
225certain date; removing provisions for sources of that
226funding; removing authorization for a vehicle registration
227tax; providing for a certain funding source for capital,
228operating, and maintenance expenses; revising county
229funding amounts to fund operations; providing for
230cessation of specified county funding contributions and
231providing for certain refunding of the contributions under
232certain circumstances; revising timeframe for repeal of
233specified funding provisions under certain circumstances;
234providing a statement of important state interest;


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