HB 891

1
A bill to be entitled
2An act relating to discretionary sales surtaxes; amending
3s. 212.055, F.S.; authorizing certain counties to levy by
4ordnance a surtax for emergency fire rescue services and
5facilities under certain circumstances; requiring a
6referendum; providing for a referendum statement;
7providing for distribution of surtax proceeds; providing
8distribution requirements; providing for interlocal
9agreements; providing agreement requirements; providing
10requirements for reducing ad valorem tax levies for fire
11rescue services; providing additional surtax proceeds
12distribution requirements; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (8) is added to section 212.055,
17Florida Statutes, to read:
18     212.055  Discretionary sales surtaxes; legislative intent;
19authorization and use of proceeds.--It is the legislative intent
20that any authorization for imposition of a discretionary sales
21surtax shall be published in the Florida Statutes as a
22subsection of this section, irrespective of the duration of the
23levy. Each enactment shall specify the types of counties
24authorized to levy; the rate or rates which may be imposed; the
25maximum length of time the surtax may be imposed, if any; the
26procedure which must be followed to secure voter approval, if
27required; the purpose for which the proceeds may be expended;
28and such other requirements as the Legislature may provide.
29Taxable transactions and administrative procedures shall be as
30provided in s. 212.054.
31     (8)  EMERGENCY FIRE RESCUE SERVICES AND FACILITIES
32SURTAX.--
33     (a)  The governing authority of each county which provides
34emergency fire rescue services within a majority of the
35geographic extent of the county, including all unincorporated
36areas, and provides such service to municipalities within the
37county that do not possess adequate facilities and personnel,
38employs more personnel and receives more call volume than any
39other provider in the county, and funds emergency fire rescue
40services through the imposition of ad valorem taxes may levy by
41ordinance a discretionary sales surtax of 1 percent for
42emergency fire rescue services and facilities as provided in
43this subsection. The governing authority of such county shall be
44designated as the regional service provider for emergency fire
45rescue services within the county, provided the surtax is
46authorized pursuant to this subsection.
47     (b)  Upon the adoption of the ordinance, the levy of the
48surtax shall be placed on the ballot by the governing authority
49of the county that enacts the ordinance and shall take effect if
50approved by a majority of the electors of the county voting in
51the referendum. The referendum statement shall briefly describe
52the purpose and uses of the surtax and conform to the
53requirements of s. 101.161.
54     (c)  Pursuant to s. 212.054(4), the proceeds of the surtax
55collected under this subsection shall be distributed to the
56regional service provider, municipalities, and independent
57special districts within which the surtax was collected pursuant
58to the following provisions:
59     1.  A municipality or independent special district that
60provides emergency fire rescue services and intends to continue
61providing such services may receive a prorated share of the
62surtax proceeds collected under this subsection based upon the
63percentage of surtax revenues collected within their respective
64jurisdictions as compared with total surtax collections in the
65county, minus Department of Revenue administrative fees,
66provided the municipality or special district enters into an
67interlocal agreement with the regional service provider.
68     2.  The interlocal agreement shall specify at minimum that:
69     a.  The municipality or independent special district shall
70provide a level of service equivalent or better within its
71jurisdiction to the level of service provided within the area
72served by the regional service provider.
73     b.(I)  The municipality or independent special district
74shall provide personnel levels for a facility or piece of
75equipment maintained or operated equal to the personnel levels
76maintained by the regional service provider; or
77     (II)  The municipality or independent special district
78shall agree that the regional service provider shall be entitled
79to payment from the municipal or district share of the surtax
80proceeds for any personnel, equipment, or other costs incurred
81by the regional service provider to maintain the specified level
82of service or adequate personnel within the municipality or
83special district service area.
84     (d)  Upon the surtax taking effect and initiation of
85collections, the regional service provider shall reduce the ad
86valorem tax levy for fire rescue services in its next and
87subsequent budgets by the estimated amount of revenue provided
88by the surtax. A municipality or special district that enters
89into an interlocal agreement with a regional service provider
90shall reduce the ad valorem tax levy for fire rescue services in
91its next and subsequent budgets by the estimated amount of
92revenue provided by the surtax.
93     (e)  The portion of the surtax that would have been
94distributed to municipalities or independent special districts
95that do not enter into an interlocal agreement with the regional
96service provider shall be distributed to the regional service
97provider and to municipalities and independent special districts
98that enter into an interlocal agreement. Each such service
99provider shall receive an amount equal to that service
100provider's percentage of the total surtax proceeds distributed
101pursuant to paragraph (c).
102     Section 2.  This act shall take effect July 1, 2008.


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