Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2312
                        Barcode 384576
                            CHAMBER ACTION
              Senate                               House
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       04/19/2006 11:14 AM         .                    
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11  The Committee on Community Affairs (Haridopolos) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (1) of section 212.055, Florida
19  Statutes, is amended, and subsection (8) is added to that
20  section, to read:
21         212.055  Discretionary sales surtaxes; legislative
22  intent; authorization and use of proceeds.--It is the
23  legislative intent that any authorization for imposition of a
24  discretionary sales surtax shall be published in the Florida
25  Statutes as a subsection of this section, irrespective of the
26  duration of the levy.  Each enactment shall specify the types
27  of counties authorized to levy; the rate or rates which may be
28  imposed; the maximum length of time the surtax may be imposed,
29  if any; the procedure which must be followed to secure voter
30  approval, if required; the purpose for which the proceeds may
31  be expended; and such other requirements as the Legislature
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    11:58 AM   04/17/06                            s2312d-ca26-e0a

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2312 Barcode 384576 1 may provide. Taxable transactions and administrative 2 procedures shall be as provided in s. 212.054. 3 (1) CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM 4 SURTAX.-- 5 (a) Each charter county which adopted a charter prior 6 to January 1, 1984, and each county the government of which is 7 consolidated with that of one or more municipalities, may levy 8 a discretionary sales surtax, subject to approval by a 9 majority vote of the electorate of the county or by a charter 10 amendment approved by a majority vote of the electorate of the 11 county. 12 (b) The rate shall be up to 1 percent. 13 (c) The proposal to adopt a discretionary sales surtax 14 as provided in this subsection and to create a trust fund 15 within the county accounts shall be placed on the ballot in 16 accordance with law at a time to be set at the discretion of 17 the governing body or pursuant to initiative petition, if 18 provided for in the county's charter. 19 (d) Proceeds from the surtax shall be applied to as 20 many or as few of the uses enumerated below in whatever 21 combination the county commission deems appropriate: 22 1. Deposited by the county in the trust fund and shall 23 be used for the purposes of development, construction, 24 equipment, maintenance, operation, supportive services, 25 including a countywide bus system, and related costs of a 26 fixed guideway rapid transit system; 27 2. Remitted by the governing body of the county to an 28 expressway or transportation authority created by law to be 29 used, at the discretion of such authority, for the 30 development, construction, operation, or maintenance of roads 31 or bridges in the county, for the operation and maintenance of 2 11:58 AM 04/17/06 s2312d-ca26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2312 Barcode 384576 1 a bus system, for the payment of principal and interest on 2 existing bonds issued for the construction of such roads or 3 bridges, and, upon approval by the county commission, such 4 proceeds may be pledged for bonds issued to refinance existing 5 bonds or new bonds issued for the construction of such roads 6 or bridges; 7 3. Used by the charter county for the development, 8 construction, operation, and maintenance of roads and bridges 9 in the county; for the expansion, operation, and maintenance 10 of bus and fixed guideway systems; and for the payment of 11 principal and interest on bonds issued for the construction of 12 fixed guideway rapid transit systems, bus systems, roads, or 13 bridges; and such proceeds may be pledged by the governing 14 body of the county for bonds issued to refinance existing 15 bonds or new bonds issued for the construction of such fixed 16 guideway rapid transit systems, bus systems, roads, or bridges 17 and no more than 25 percent used for nontransit uses; and 18 4. Used by the charter county for the planning, 19 development, construction, operation, and maintenance of roads 20 and bridges in the county; for the planning, development, 21 expansion, operation, and maintenance of bus and fixed 22 guideway systems; and for the payment of principal and 23 interest on bonds issued for the construction of fixed 24 guideway rapid transit systems, bus systems, roads, or 25 bridges; and such proceeds may be pledged by the governing 26 body of the county for bonds issued to refinance existing 27 bonds or new bonds issued for the construction of such fixed 28 guideway rapid transit systems, bus systems, roads, or 29 bridges. Pursuant to an interlocal agreement entered into 30 pursuant to chapter 163, the governing body of the charter 31 county may distribute proceeds from the tax to a municipality, 3 11:58 AM 04/17/06 s2312d-ca26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2312 Barcode 384576 1 or an expressway or transportation authority created by law to 2 be expended for the purpose authorized by this paragraph;. 3 5. Used by the charter county to fund regionally 4 significant transportation projects that are identified in a 5 regional transportation plan developed in accordance with s. 6 339.155(5) or to provide matching funds for the Transportation 7 Regional Incentive Program in accordance with s. 339.2819; and 8 6. Used by the charter county to fund projects 9 identified in a capital improvements element of a 10 comprehensive plan that has been determined to be in 11 compliance with part II of chapter 163 or to implement a 12 long-term concurrency management system adopted by a local 13 government in accordance with s. 163.3177(3) or (9). 14 (8) COUNTY TRANSPORTATION SYSTEM SURTAX.-- 15 (a) The governing authority in each county may levy a 16 discretionary sales surtax pursuant to ordinance enacted by a 17 majority of the members of the county governing authority and 18 subject to approval by a majority vote of the electorate of 19 the county. 20 (b) The rate shall be up to 1 percent. 21 (c) If the proposal to adopt a discretionary sales 22 surtax is to be adopted by a referendum as provided in this 23 subsection, such proposal shall be placed on the ballot in 24 accordance with law at a time to be set at the discretion of 25 the governing body of the county. 26 (d) Proceeds from the surtax shall be distributed to 27 the county and to each municipality within the county in which 28 the surtax is collected according to: 29 1. A separate interlocal agreement between the county 30 governing body and the governing body of any municipality 31 within the county; or 4 11:58 AM 04/17/06 s2312d-ca26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2312 Barcode 384576 1 2. If there is no interlocal agreement between the 2 county governing body and the governing body of any 3 municipality within the county, an apportionment factor for 4 each eligible local government as specified in this 5 subparagraph. 6 a. The apportionment factor for an eligible county 7 shall be composed of two equally weighted portions as follows: 8 (I) Each eligible county's population in the 9 unincorporated areas of the county as a percentage of the 10 total county population as determined pursuant to s. 186.901. 11 (II) Each eligible county's percentage of centerline 12 miles derived from the combined total number of centerline 13 miles owned and maintained by the county and each municipality 14 within the county as annually reported in the City/County 15 Mileage Report promulgated by the Transportation Statistics 16 Office within the Department of Transportation. 17 b. The apportionment factor for an eligible 18 municipality shall be composed of two equally weighted 19 portions as follows: 20 (I) Each eligible municipality's population as a 21 percentage of the total county population as determined 22 pursuant to s. 186.901. 23 (II) Each eligible municipality's percentage of 24 centerline miles derived from the combined total number of 25 centerline miles owned and maintained by the county and each 26 municipality within the county as annually reported in the 27 City/County Mileage Report promulgated by the Transportation 28 Statistics Office within the Department of Transportation. 29 (e) Proceeds from the surtax shall be applied to as 30 many or as few of the uses enumerated below in whatever 31 combination the governing body of the municipality or the 5 11:58 AM 04/17/06 s2312d-ca26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2312 Barcode 384576 1 county considers appropriate: 2 1. Deposited by the governing body of the municipality 3 or the county in the trust fund and used for the purposes of 4 development, construction, equipment, maintenance, operation, 5 supportive services, including a bus system, and related costs 6 of a fixed guideway rapid transit system; 7 2. Remitted by the governing body of the municipality 8 or the county to an expressway or transportation authority 9 created by law to be used, at the discretion of such 10 authority, for the development, construction, operation, or 11 maintenance of roads, bicycle and pedestrian facilities, or 12 bridges in the county or municipality, for the operation and 13 maintenance of a bus system, for the payment of principal and 14 interest on existing bonds issued for the construction of such 15 roads, bicycle or pedestrian facilities, or bridges, and, upon 16 approval by the governing body of the municipality or county, 17 pledged for bonds issued to refinance existing bonds or new 18 bonds issued for the construction of such roads or bridges; 19 3. Used by the governing body of the municipality or 20 county for the planning, development, construction, operation, 21 and maintenance of roads, bicycle and pedestrian facilities, 22 or bridges in the municipality or county; for the planning, 23 development, expansion, operation, and maintenance of bus and 24 fixed guideway systems; and for the payment of principal and 25 interest on bonds issued for the construction of fixed 26 guideway rapid transit systems, bus systems, roads, bicycle 27 and pedestrian facilities, or bridges; and, upon approval by 28 the governing body of the municipality or county, pledged by 29 the governing body of the municipality or county for bonds 30 issued to refinance existing bonds or new bonds issued for the 31 construction of such fixed guideway rapid transit systems, bus 6 11:58 AM 04/17/06 s2312d-ca26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2312 Barcode 384576 1 systems, roads, bicycle and pedestrian facilities, or bridges; 2 4. Used by the county or municipality to fund 3 regionally significant transportation projects that are 4 identified in a regional transportation plan developed in 5 accordance with s. 339.155(5) or to provide matching funds for 6 the Transportation Regional Incentive Program in accordance 7 with s. 339.2819 or the New Starts Transit Program as provided 8 in s. 341.051; and 9 5. Used by the county or municipality to fund projects 10 identified in a capital improvements element of a 11 comprehensive plan that has been determined to be in 12 compliance with part II of chapter 163 or to implement a 13 long-term concurrency management system adopted by a local 14 government in accordance with s. 163.3177(3) or (9). 15 Section 2. This act shall take effect July 1, 2006. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to discretionary sales 25 surtaxes; amending s. 212.055, F.S.; 26 redesignating the charter county transit system 27 surtax as the charter county transportation 28 system surtax; providing that the proposal to 29 adopt such a discretionary sales surtax and 30 create a trust fund may be placed on the ballot 31 pursuant to an initiative petition if the 7 11:58 AM 04/17/06 s2312d-ca26-e0a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2312 Barcode 384576 1 county charter so provides; providing 2 additional purposes for which the proceeds from 3 the surtax may be used; allowing counties that 4 are not charter counties to levy, by ordinance, 5 a county transportation system surtax; 6 requiring that a discretionary sales surtax 7 that is to be adopted by referendum be placed 8 on the ballot at a time set at the discretion 9 of the governing body of a county; requiring 10 that the proceeds from a surtax be distributed 11 to a county and to each municipality within the 12 county according to an interlocal agreement or 13 an apportionment factor; providing that the 14 proceeds from the surtax be used for certain 15 purposes as considered appropriate by the 16 county commission; providing an effective date. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 11:58 AM 04/17/06 s2312d-ca26-e0a