Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1778
                        Barcode 924788
                            CHAMBER ACTION
              Senate                               House
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       04/24/2007 10:38 AM         .                    
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11  The Committee on Finance and Tax (Haridopolos) recommended the
12  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), paragraph (h) of subsection
19  (2), paragraph (f) of subsection (3), paragraphs (a) and (b)
20  of subsection (4), paragraph (f) of subsection (5), and
21  paragraph (f) of subsection (7) of section 212.055, Florida
22  Statutes, are amended, and subsection (8) is added to that
23  section, to read:
24         212.055  Discretionary sales surtaxes; legislative
25  intent; authorization and use of proceeds.--It is the
26  legislative intent that any authorization for imposition of a
27  discretionary sales surtax shall be published in the Florida
28  Statutes as a subsection of this section, irrespective of the
29  duration of the levy. Each enactment shall specify the types
30  of counties authorized to levy; the rate or rates which may be
31  imposed; the maximum length of time the surtax may be imposed,
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 if any; the procedure which must be followed to secure voter 2 approval, if required; the purpose for which the proceeds may 3 be expended; and such other requirements as the Legislature 4 may provide. Taxable transactions and administrative 5 procedures shall be as provided in s. 212.054. 6 (1) CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM 7 SURTAX.-- 8 (a) Each charter county that has which adopted a 9 charter prior to January 1, 1984, and each county the 10 government of which is consolidated with that of one or more 11 municipalities, may levy a discretionary sales surtax, subject 12 to approval by a majority vote of the electorate of the county 13 or by a charter amendment approved by a majority vote of the 14 electorate of the county. 15 (b) The rate shall be up to 1 percent. 16 (c) The proposal to adopt a discretionary sales surtax 17 is provided in this subsection and to create a trust fund 18 within the county accounts shall be placed on the ballot in 19 accordance with law at a time to be set at the discretion of 20 the governing body. 21 (d) Proceeds from the surtax shall be applied to as 22 many or as few of the uses enumerated below in whatever 23 combination the county commission deems appropriate: 24 1. Deposited by the county in the trust fund and shall 25 be used for the purposes of development, construction, 26 equipment, maintenance, operation, supportive services, 27 including a countywide bus system, and related costs of a 28 fixed guideway rapid transit system; 29 2. Remitted by the governing body of the county to an 30 expressway, transit, or transportation authority created by 31 law to be used, at the discretion of such authority, for the 2 5:22 PM 04/23/07 s1778d-ft26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 development, construction, operation, or maintenance of roads 2 or bridges in the county, for the operation and maintenance of 3 a bus system, for the payment of principal and interest on 4 existing bonds issued for the construction of such roads or 5 bridges, and, upon approval by the county commission, such 6 proceeds may be pledged for bonds issued to refinance existing 7 bonds or new bonds issued for the construction of such roads 8 or bridges; 9 3. Used by the charter county for the development, 10 construction, operation, and maintenance of roads and bridges 11 in the county; for the expansion, operation, and maintenance 12 of bus and fixed guideway systems; and for the payment of 13 principal and interest on bonds issued for the construction of 14 fixed guideway rapid transit systems, bus systems, roads, or 15 bridges; and such proceeds may be pledged by the governing 16 body of the county for bonds issued to refinance existing 17 bonds or new bonds issued for the construction of such fixed 18 guideway rapid transit systems, bus systems, roads, or bridges 19 and no more than 25 percent used for nontransit uses; and 20 4. Used by the charter county for the planning, 21 development, construction, operation, and maintenance of roads 22 and bridges in the county; for the planning, development, 23 expansion, operation, and maintenance of bus and fixed 24 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, or 27 bridges; and such proceeds may be pledged by the governing 28 body of the county for bonds issued to refinance existing 29 bonds or new bonds issued for the construction of such fixed 30 guideway rapid transit systems, bus systems, roads, or 31 bridges. Pursuant to an interlocal agreement entered into 3 5:22 PM 04/23/07 s1778d-ft26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 pursuant to chapter 163, the governing body of the charter 2 county may distribute proceeds from the tax to a municipality, 3 or an expressway or transportation authority created by law to 4 be expended for the purpose authorized by this paragraph. 5 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 6 (h) Notwithstanding any other provision of this 7 section, a county shall not levy local option sales surtaxes 8 authorized in this subsection and subsections (3), (4), and 9 (5) in excess of a combined rate of 1 percent. 10 (3) SMALL COUNTY SURTAX.-- 11 (f) Notwithstanding any other provision of this 12 section, a county shall not levy local option sales surtaxes 13 authorized in this subsection and subsections (2), (4), and 14 (5) in excess of a combined rate of 1 percent. 15 (4) INDIGENT CARE AND TRAUMA CENTER SURTAX.-- 16 (a)1. The governing body in each county that the 17 government of which is not consolidated with that of one or 18 more municipalities, which has a population of at least 19 800,000 residents and is not authorized to levy a surtax under 20 subsection (5), may levy, pursuant to an ordinance either 21 approved by an extraordinary vote of the governing body or 22 conditioned to take effect only upon approval by a majority 23 vote of the electors of the county voting in a referendum, a 24 discretionary sales surtax at a rate that may not exceed 0.5 25 percent. 26 1.2. If the ordinance is conditioned on a referendum, 27 a statement that includes a brief and general description of 28 the purposes to be funded by the surtax and that conforms to 29 the requirements of s. 101.161 shall be placed on the ballot 30 by the governing body of the county. The following questions 31 shall be placed on the ballot: 4 5:22 PM 04/23/07 s1778d-ft26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 2 FOR THE. . . .CENTS TAX 3 AGAINST THE. . . .CENTS TAX 4 5 2.3. The ordinance adopted by the governing body 6 providing for the imposition of the surtax shall set forth a 7 plan for providing health care services to qualified 8 residents, as defined in subparagraph 3. 4. Such plan and 9 subsequent amendments to it must shall fund a broad range of 10 health care services for both indigent persons and the 11 medically poor, including, but not limited to, primary care 12 and preventive care as well as hospital care. The plan must 13 also address the services to be provided by a the Level I 14 trauma center. It must shall emphasize a continuity of care in 15 the most cost-effective setting, taking into consideration 16 both a high quality of care and geographic access. Where 17 consistent with these objectives, it must shall include, 18 without limitation, services rendered by physicians, clinics, 19 community hospitals, mental health centers, and alternative 20 delivery sites, as well as at least one regional referral 21 hospital where appropriate. It must shall provide that 22 agreements negotiated between the county and providers, 23 including hospitals with a Level I trauma center, will include 24 reimbursement methodologies that take into account the cost of 25 services rendered to eligible patients, recognize hospitals 26 that render a disproportionate share of indigent care, provide 27 other incentives to promote the delivery of charity care, 28 promote the advancement of technology in medical services, 29 recognize the level of responsiveness to medical needs in 30 trauma cases, and require cost containment including, but not 31 limited to, case management. It must also provide that any 5 5:22 PM 04/23/07 s1778d-ft26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 hospitals that are owned and operated by government entities 2 on May 21, 1991, must, as a condition of receiving funds under 3 this subsection, provide afford public access as equal to that 4 provided under s. 286.011 as to meetings of the governing 5 board, the subject of which is budgeting resources for the 6 rendition of charity care as that term is defined in the 7 Florida Hospital Uniform Reporting System (FHURS) manual 8 referenced in s. 408.07. The plan must shall also include 9 innovative health care programs that provide cost-effective 10 alternatives to traditional methods of service delivery and 11 funding. 12 3.4. For the purpose of this paragraph, the term 13 "qualified resident" means residents of the authorizing county 14 who are: 15 a. Qualified as indigent persons as certified by the 16 authorizing county; 17 b. Certified by the authorizing county as meeting the 18 definition of the medically poor, defined as persons having 19 insufficient income, resources, and assets to provide the 20 needed medical care without using resources required to meet 21 basic needs for shelter, food, clothing, and personal 22 expenses; or not being eligible for any other state or federal 23 program, or having medical needs that are not covered by any 24 such program; or having insufficient third-party insurance 25 coverage. In all cases, the authorizing county is intended to 26 serve as the payor of last resort; or 27 c. Participating in innovative, cost-effective 28 programs approved by the authorizing county. 29 4.5. Moneys collected pursuant to this paragraph 30 remain the property of the state and shall be distributed by 31 the Department of Revenue on a regular and periodic basis to 6 5:22 PM 04/23/07 s1778d-ft26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 the clerk of the circuit court as ex officio custodian of the 2 funds of the authorizing county. The clerk of the circuit 3 court shall: 4 a. Maintain the moneys in an indigent health care 5 trust fund; 6 b. Invest any funds held on deposit in the trust fund 7 pursuant to general law; 8 c. Disburse the funds, including any interest earned, 9 to any provider of health care services, as provided in 10 subparagraphs 2, 3. and 3. 4., upon directive from the 11 authorizing county. However, if a county has a population of 12 at least 800,000 residents and has levied the surtax 13 authorized in this paragraph, notwithstanding any directive 14 from the authorizing county, on October 1 of each calendar 15 year, the clerk of the court shall issue a check in the amount 16 of $6.5 million to a hospital in its jurisdiction that has a 17 Level I trauma center or shall issue a check in the amount of 18 $3.5 million to a hospital in its jurisdiction that has a 19 Level I trauma center if that county enacts and implements a 20 hospital lien law in accordance with chapter 98-499, Laws of 21 Florida. The issuance of the checks on October 1 of each year 22 is provided in recognition of the Level I trauma center status 23 and shall be in addition to the base contract amount received 24 during fiscal year 1999-2000 and any additional amount 25 negotiated to the base contract. If the hospital receiving 26 funds for its Level I trauma center status requests such funds 27 to be used to generate federal matching funds under Medicaid, 28 the clerk of the court shall instead issue a check to the 29 Agency for Health Care Administration to accomplish that 30 purpose to the extent that it is allowed through the General 31 Appropriations Act; and 7 5:22 PM 04/23/07 s1778d-ft26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 d. Prepare on a biennial basis an audit of the trust 2 fund specified in sub-subparagraph a. Commencing February 1, 3 2004, such audit shall be delivered to the governing body and 4 to the chair of the legislative delegation of each authorizing 5 county. 6 6. Notwithstanding any other provision of this 7 section, a county shall not levy local option sales surtaxes 8 authorized in this paragraph and subsections (2) and (3) in 9 excess of a combined rate of 1 percent. 10 (b) Notwithstanding any other provision of this 11 section, the governing body in each county the government of 12 which is not consolidated with that of one or more 13 municipalities and which has a population of less than 800,000 14 residents, may levy, by ordinance subject to approval by a 15 majority of the electors of the county voting in a referendum, 16 a discretionary sales surtax at a rate that may not exceed 17 0.25 percent for the sole purpose of funding trauma services 18 provided by a trauma center licensed pursuant to chapter 395. 19 1. A statement that includes a brief and general 20 description of the purposes to be funded by the surtax and 21 that conforms to the requirements of s. 101.161 shall be 22 placed on the ballot by the governing body of the county. The 23 following shall be placed on the ballot: 24 25 FOR THE. . . .CENTS TAX 26 AGAINST THE. . . .CENTS TAX 27 28 2. The ordinance adopted by the governing body of the 29 county providing for the imposition of the surtax shall set 30 forth a plan for providing trauma services to trauma victims 31 presenting in the trauma service area in which such county is 8 5:22 PM 04/23/07 s1778d-ft26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 located. 2 3. Moneys collected pursuant to this paragraph remain 3 the property of the state and shall be distributed by the 4 Department of Revenue on a regular and periodic basis to the 5 clerk of the circuit court as ex officio custodian of the 6 funds of the authorizing county. The clerk of the circuit 7 court shall: 8 a. Maintain the moneys in a trauma services trust 9 fund. 10 b. Invest any funds held on deposit in the trust fund 11 pursuant to general law. 12 c. Disburse the funds, including any interest earned 13 on such funds, to the trauma center in its trauma service 14 area, as provided in the plan set forth pursuant to 15 subparagraph 2., upon directive from the authorizing county. 16 If the trauma center receiving funds requests such funds be 17 used to generate federal matching funds under Medicaid, the 18 custodian of the funds shall instead issue a check to the 19 Agency for Health Care Administration to accomplish that 20 purpose to the extent that the agency is allowed through the 21 General Appropriations Act. 22 d. Prepare on a biennial basis an audit of the trauma 23 services trust fund specified in sub-subparagraph a., to be 24 delivered to the authorizing county. 25 4. A discretionary sales surtax imposed pursuant to 26 this paragraph shall expire 4 years after the effective date 27 of the surtax, unless reenacted by ordinance subject to 28 approval by a majority of the electors of the county voting in 29 a subsequent referendum. 30 5. Notwithstanding any other provision of this 31 section, a county shall not levy local option sales surtaxes 9 5:22 PM 04/23/07 s1778d-ft26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 authorized in this paragraph and subsections (2) and (3) in 2 excess of a combined rate of 1 percent. 3 (5) COUNTY PUBLIC HOSPITAL SURTAX.--Any county as 4 defined in s. 125.011(1) may levy the surtax authorized in 5 this subsection pursuant to an ordinance either approved by 6 extraordinary vote of the county commission or conditioned to 7 take effect only upon approval by a majority vote of the 8 electors of the county voting in a referendum. In a county as 9 defined in s. 125.011(1), for the purposes of this subsection, 10 "county public general hospital" means a general hospital as 11 defined in s. 395.002 which is owned, operated, maintained, or 12 governed by the county or its agency, authority, or public 13 health trust. 14 (f) Notwithstanding any other provision of this 15 section, a county may not levy local option sales surtaxes 16 authorized in this subsection and subsections (2) and (3) in 17 excess of a combined rate of 1 percent. 18 (7) VOTER-APPROVED INDIGENT CARE SURTAX.-- 19 (f) Notwithstanding any other provision of this 20 section, a county may not levy local option sales surtaxes 21 authorized in this subsection and subsections (2) and (3) in 22 excess of a combined rate of 1 percent or, if a publicly 23 supported medical school is located in the county or the 24 county has a population of fewer than 50,000 residents, in 25 excess of a combined rate of 1.5 percent. 26 (8) COUNTY GOVERNMENT SALES SURTAX CAP.--The county 27 governing authority may not levy one or more discretionary 28 sales surtaxes authorized under this section that have a 29 combined rate in excess of 2 percent. 30 Section 2. This act shall take effect July 1, 2007. 31 10 5:22 PM 04/23/07 s1778d-ft26-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1778 Barcode 924788 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to discretionary sales 8 surtaxes; amending s. 212.055, F.S.; renaming 9 the charter county transit system surtax; 10 expanding eligibility to levy the transit 11 surtax to all charter counties; removing all 12 specific county government sales surtax caps; 13 providing for one cap to apply to all of a 14 county government's surtaxes combined; 15 providing an effective date. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 5:22 PM 04/23/07 s1778d-ft26-k0a