Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 1000 Barcode 350640 LEGISLATIVE ACTION Senate . House Comm: FAV . 03/10/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Storms) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (8) is added to section 212.055, 6 Florida Statutes, to read: 7 212.055 Discretionary sales surtaxes; legislative intent; 8 authorization and use of proceeds.—It is the legislative intent 9 that any authorization for imposition of a discretionary sales 10 surtax shall be published in the Florida Statutes as a 11 subsection of this section, irrespective of the duration of the 12 levy. Each enactment shall specify the types of counties 13 authorized to levy; the rate or rates which may be imposed; the 14 maximum length of time the surtax may be imposed, if any; the 15 procedure which must be followed to secure voter approval, if 16 required; the purpose for which the proceeds may be expended; 17 and such other requirements as the Legislature may provide. 18 Taxable transactions and administrative procedures shall be as 19 provided in s. 212.054. 20 (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.— 21 (a) If the governing authority of a county funds emergency 22 fire rescue services through ad valorem taxes, the governing 23 authority may, by ordinance, levy a discretionary sales surtax 24 of up to 1 percent for emergency fire rescue services and 25 facilities as provided in this subsection. For purposes of this 26 subsection, emergency fire rescue services include, but are not 27 limited to, the prevention and extinguishment of fires; 28 protection and saving of life and property from fires or natural 29 or intentional acts or disasters; enforcement of municipal, 30 county, or state fire prevention codes and laws pertaining to 31 the prevention and control of fires; and the provision of 32 prehospital emergency medical treatment. 33 (b) If a surtax is authorized under this subsection, the 34 governing authority of the county shall designate a regional 35 service provider for emergency fire rescue services within the 36 county. The regional service provider must be the county or 37 another unit of local government that funds emergency fire 38 rescue services through ad valorem taxes, provides emergency 39 fire rescue services to municipalities within the county which 40 do not have adequate facilities and personnel, and employs more 41 personnel and receives greater call volume than any other 42 provider in the county. 43 (c) Upon the adoption of the ordinance, the levy of the 44 surtax must be placed on the ballot by the governing authority 45 of the county enacting the ordinance and shall take effect if 46 approved by a majority of the electors of the county voting in a 47 referendum held for such purpose. The ballot for the referendum 48 must conform to the requirements of s. 101.161. The interlocal 49 agreement required under paragraph (e) is a condition precedent 50 to holding the referendum. 51 (d) Pursuant to s. 212.054(4), the proceeds of the 52 discretionary sales surtax collected under this subsection, less 53 an administrative fee that may be retained by the Department of 54 Revenue, shall be distributed by the county to the participating 55 jurisdictions that have entered into an interlocal agreement 56 with the county under this section. The county may also charge 57 an administrative fee for receiving and distributing the surtax 58 collected under this subsection which may not exceed 2 percent 59 of the surtax collected. 60 (e) The regional service provider shall develop an 61 interlocal agreement to be executed by the county governing 62 authority and the participating jurisdictions, which are the 63 governing bodies of municipalities, dependent special districts, 64 independent special districts, or municipal service taxing units 65 located within such county. Any county that has a population of 66 1 million or greater must enter into an interlocal agreement 67 with municipalities within the county representing more than 50 68 percent of the population served by municipal emergency fire 69 rescue service providers within the county. 70 1. At a minimum, the interlocal agreement must specify 71 that: 72 a. The amount of the surtax proceeds to be distributed by 73 the county to each participating jurisdiction is based on the 74 actual amounts collected within each participating jurisdiction; 75 or 76 b. If a county has special fire control and rescue 77 districts within its boundaries, the county shall distribute the 78 surtax proceeds among the county and the participating 79 municipality or special fire control and rescue districts based 80 on the proportion of each entity’s expenditure of ad valorem 81 taxes and non-ad valorem assessments for fire control and 82 emergency rescue services in each of the immediately preceding 5 83 fiscal years to the total of such expenditures for all entities. 84 2. Each participating jurisdiction shall provide a level of 85 service that is at least equal to the level of service provided 86 by the service providers within the area covering the majority 87 of the population of the county. 88 3. Each participating jurisdiction shall: 89 a. Provide personnel levels on pieces of equipment 90 maintained or operated that are at least equal to the personnel 91 levels on equipment maintained or operated by the service 92 providers within the area covering the majority of the 93 population of the county; or 94 b. Agree that the regional service provider is entitled to 95 payment from the jurisdiction’s share of the surtax proceeds for 96 any personnel, equipment, or other costs incurred by the 97 regional service provider to maintain the specified level of 98 service or adequate personnel within the participating 99 jurisdiction’s service area on a long-term basis. 100 (f) Upon the surtax taking effect and initiation of 101 collections, a county and any participating jurisdiction 102 entering into the interlocal agreement shall reduce the ad 103 valorem tax levy and any non-ad valorem assessment for fire 104 control and emergency rescue services in its next and subsequent 105 budgets by the estimated amount of revenue provided by the 106 surtax. 107 (g) Use of surtax proceeds authorized under this subsection 108 does not relieve a local government from complying with the 109 provisions of chapter 200 and any related provisions of law that 110 establish millage caps, limits on undesignated budget reserves, 111 and procedures for establishing rollback rates for ad valorem 112 taxes and budget adoption. If surtax collections exceed 113 projected collections in any fiscal year, any surplus 114 distribution must be used to further reduce ad valorem taxes in 115 the next fiscal year. 116 (h) Municipalities, special fire control and rescue 117 districts, and contract service providers that do not enter into 118 an interlocal agreement are not entitled to receive a portion of 119 the proceeds of the surtax collected under this subsection. 120 Section 2. This act shall take effect July 1, 2009. 121 122 ================= T I T L E A M E N D M E N T ================ 123 And the title is amended as follows: 124 Delete everything before the enacting clause 125 and insert: 126 A bill to be entitled 127 An act relating to discretionary sales surtaxes; 128 amending s. 212.055, F.S.; authorizing certain 129 counties to levy by ordinance a discretionary sales 130 surtax for emergency fire rescue services and 131 facilities under certain circumstances; providing for 132 the designation of a regional service provider; 133 requiring a referendum; providing for distribution of 134 surtax proceeds; authorizing an administrative fee; 135 providing for interlocal agreements; requiring an 136 agreement for certain municipalities; providing 137 agreement requirements; requiring participating 138 entities to provide a certain level of service and 139 personnel; requiring a reduction in the budget for ad 140 valorem tax levies and non-ad valorem assessments for 141 emergency fire rescue service by the amount of the 142 estimated surtax; requiring any surplus surtax 143 revenues to be used to further reduce ad valorem 144 taxes; prohibiting entities not entering into an 145 interlocal agreement from receiving a portion of 146 surtax proceeds; providing an effective date.