HB 747

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2
A bill to be entitled
3An act relating to the charter county transit system
4surtax; amending s. 212.055, F.S.; renaming the surtax;
5expanding the eligibility to levy the surtax to all
6charter counties; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
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10     Section 1.  Subsection (1) of section 212.055, Florida
11Statutes, is amended to read:
12     212.055  Discretionary sales surtaxes; legislative intent;
13authorization and use of proceeds.--It is the legislative intent
14that any authorization for imposition of a discretionary sales
15surtax shall be published in the Florida Statutes as a
16subsection of this section, irrespective of the duration of the
17levy. Each enactment shall specify the types of counties
18authorized to levy; the rate or rates which may be imposed; the
19maximum length of time the surtax may be imposed, if any; the
20procedure which must be followed to secure voter approval, if
21required; the purpose for which the proceeds may be expended;
22and such other requirements as the Legislature may provide.
23Taxable transactions and administrative procedures shall be as
24provided in s. 212.054.
25     (1)  CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.--
26     (a)  Each charter county that has which adopted a charter
27prior to January 1, 1984, and each county the government of
28which is consolidated with that of one or more municipalities,
29may levy a discretionary sales surtax, subject to approval by a
30majority vote of the electorate of the county or by a charter
31amendment approved by a majority vote of the electorate of the
32county.
33     (b)  The rate shall be up to 1 percent.
34     (c)  The proposal to adopt a discretionary sales surtax as
35provided in this subsection and to create a trust fund within
36the county accounts shall be placed on the ballot in accordance
37with law at a time to be set at the discretion of the governing
38body.
39     (d)  Proceeds from the surtax shall be applied to as many
40or as few of the uses enumerated below in whatever combination
41the county commission deems appropriate:
42     1.  Deposited by the county in the trust fund and shall be
43used for the purposes of development, construction, equipment,
44maintenance, operation, supportive services, including a
45countywide bus system, and related costs of a fixed guideway
46rapid transit system;
47     2.  Remitted by the governing body of the county to an
48expressway, transit, or transportation authority created by law
49to be used, at the discretion of such authority, for the
50development, construction, operation, or maintenance of roads or
51bridges in the county, for the operation and maintenance of a
52bus system, for the payment of principal and interest on
53existing bonds issued for the construction of such roads or
54bridges, and, upon approval by the county commission, such
55proceeds may be pledged for bonds issued to refinance existing
56bonds or new bonds issued for the construction of such roads or
57bridges;
58     3.  Used by the charter county for the development,
59construction, operation, and maintenance of roads and bridges in
60the county; for the expansion, operation, and maintenance of bus
61and fixed guideway systems; and for the payment of principal and
62interest on bonds issued for the construction of fixed guideway
63rapid transit systems, bus systems, roads, or bridges; and such
64proceeds may be pledged by the governing body of the county for
65bonds issued to refinance existing bonds or new bonds issued for
66the construction of such fixed guideway rapid transit systems,
67bus systems, roads, or bridges and no more than 25 percent used
68for nontransit uses; and
69     4.  Used by the charter county for the planning,
70development, construction, operation, and maintenance of roads
71and bridges in the county; for the planning, development,
72expansion, operation, and maintenance of bus and fixed guideway
73systems; and for the payment of principal and interest on bonds
74issued for the construction of fixed guideway rapid transit
75systems, bus systems, roads, or bridges; and such proceeds may
76be pledged by the governing body of the county for bonds issued
77to refinance existing bonds or new bonds issued for the
78construction of such fixed guideway rapid transit systems, bus
79systems, roads, or bridges. Pursuant to an interlocal agreement
80entered into pursuant to chapter 163, the governing body of the
81charter county may distribute proceeds from the tax to a
82municipality, or an expressway or transportation authority
83created by law to be expended for the purpose authorized by this
84paragraph.
85     Section 2.  This act shall take effect July 1, 2008.


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