Senate Bill sb1778

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1778

    By Senator Alexander





    17-1312-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to the charter county transit

  3         system surtax; amending s. 212.055, F.S.;

  4         renaming the surtax; expanding the eligibility

  5         to levy the surtax to all charter counties;

  6         providing an effective date.

  7  

  8  Be It Enacted by the Legislature of the State of Florida:

  9  

10         Section 1.  Subsection (1) of section 212.055, Florida

11  Statutes, is amended to read:

12         212.055  Discretionary sales surtaxes; legislative

13  intent; authorization and use of proceeds.--It is the

14  legislative intent that any authorization for imposition of a

15  discretionary sales surtax shall be published in the Florida

16  Statutes as a subsection of this section, irrespective of the

17  duration of the levy. Each enactment shall specify the types

18  of counties authorized to levy; the rate or rates which may be

19  imposed; the maximum length of time the surtax may be imposed,

20  if any; the procedure which must be followed to secure voter

21  approval, if required; the purpose for which the proceeds may

22  be expended; and such other requirements as the Legislature

23  may provide. Taxable transactions and administrative

24  procedures shall be as provided in s. 212.054.

25         (1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM

26  SURTAX.--

27         (a)  Each charter county that has which adopted a

28  charter prior to January 1, 1984, and each county the

29  government of which is consolidated with that of one or more

30  municipalities, may levy a discretionary sales surtax, subject

31  to approval by a majority vote of the electorate of the county

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    Florida Senate - 2007                                  SB 1778
    17-1312-07                                              See HB




 1  or by a charter amendment approved by a majority vote of the

 2  electorate of the county.

 3         (b)  The rate shall be up to 1 percent.

 4         (c)  The proposal to adopt a discretionary sales surtax

 5  as provided in this subsection and to create a trust fund

 6  within the county accounts shall be placed on the ballot in

 7  accordance with law at a time to be set at the discretion of

 8  the governing body.

 9         (d)  Proceeds from the surtax shall be applied to as

10  many or as few of the uses enumerated below in whatever

11  combination the county commission deems appropriate:

12         1.  Deposited by the county in the trust fund and shall

13  be used for the purposes of development, construction,

14  equipment, maintenance, operation, supportive services,

15  including a countywide bus system, and related costs of a

16  fixed guideway rapid transit system;

17         2.  Remitted by the governing body of the county to an

18  expressway, transit, or transportation authority created by

19  law to be used, at the discretion of such authority, for the

20  development, construction, operation, or maintenance of roads

21  or bridges in the county, for the operation and maintenance of

22  a bus system, for the payment of principal and interest on

23  existing bonds issued for the construction of such roads or

24  bridges, and, upon approval by the county commission, such

25  proceeds may be pledged for bonds issued to refinance existing

26  bonds or new bonds issued for the construction of such roads

27  or bridges;

28         3.  Used by the charter county for the development,

29  construction, operation, and maintenance of roads and bridges

30  in the county; for the expansion, operation, and maintenance

31  of bus and fixed guideway systems; and for the payment of

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    Florida Senate - 2007                                  SB 1778
    17-1312-07                                              See HB




 1  principal and interest on bonds issued for the construction of

 2  fixed guideway rapid transit systems, bus systems, roads, or

 3  bridges; and such proceeds may be pledged by the governing

 4  body of the county for bonds issued to refinance existing

 5  bonds or new bonds issued for the construction of such fixed

 6  guideway rapid transit systems, bus systems, roads, or bridges

 7  and no more than 25 percent used for nontransit uses; and

 8         4.  Used by the charter county for the planning,

 9  development, construction, operation, and maintenance of roads

10  and bridges in the county; for the planning, development,

11  expansion, operation, and maintenance of bus and fixed

12  guideway systems; and for the payment of principal and

13  interest on bonds issued for the construction of fixed

14  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

19  bridges. Pursuant to an interlocal agreement entered into

20  pursuant to chapter 163, the governing body of the charter

21  county may distribute proceeds from the tax to a municipality,

22  or an expressway or transportation authority created by law to

23  be expended for the purpose authorized by this paragraph.

24         Section 2.  This act shall take effect July 1, 2007.

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