Florida Senate - 2009 CS for SB 1000 By the Committee on Military Affairs and Domestic Security; and Senators Fasano, Aronberg, Deutch, and Ring 583-03509-09 20091000c1 1 A bill to be entitled 2 An act relating to discretionary sales surtaxes; 3 amending s. 212.055, F.S.; authorizing certain 4 counties to levy by ordinance a discretionary sales 5 surtax for emergency fire rescue services and 6 facilities under certain circumstances; providing for 7 the designation of an Interlocal Agreement 8 Facilitator; requiring a referendum; providing for 9 distribution of surtax proceeds; authorizing an 10 administrative fee; providing for interlocal 11 agreements; providing agreement requirements; 12 requiring a reduction in the budget for ad valorem tax 13 levies and non-ad valorem assessments for emergency 14 fire rescue service by the amount of the estimated 15 surtax; requiring any surplus surtax revenues to be 16 used to further reduce ad valorem taxes; prohibiting 17 entities not entering into an interlocal agreement 18 from receiving a portion of surtax proceeds; providing 19 an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (8) is added to section 212.055, 24 Florida Statutes, to read: 25 212.055 Discretionary sales surtaxes; legislative intent; 26 authorization and use of proceeds.—It is the legislative intent 27 that any authorization for imposition of a discretionary sales 28 surtax shall be published in the Florida Statutes as a 29 subsection of this section, irrespective of the duration of the 30 levy. Each enactment shall specify the types of counties 31 authorized to levy; the rate or rates which may be imposed; the 32 maximum length of time the surtax may be imposed, if any; the 33 procedure which must be followed to secure voter approval, if 34 required; the purpose for which the proceeds may be expended; 35 and such other requirements as the Legislature may provide. 36 Taxable transactions and administrative procedures shall be as 37 provided in s. 212.054. 38 (8) EMERGENCY FIRE RESCUE SERVICES AND FACILITIES SURTAX.— 39 (a) The governing authority of a county may, by ordinance, 40 levy a discretionary sales surtax of up to 1 percent for 41 emergency fire rescue services and facilities as provided in 42 this subsection. As used in this subsection, the term “emergency 43 fire rescue services” includes, but is not limited to, the 44 preventing and extinguishing fires; protecting and saving life 45 and property from fires or natural or intentional acts or 46 disasters; enforcing municipal, county, or state fire prevention 47 codes and laws pertaining to the prevention and control of 48 fires; and providing prehospital emergency medical treatment. 49 (b) If a surtax is levied under this subsection, the 50 governing authority of the county shall designate an Interlocal 51 Agreement Facilitator for emergency fire rescue services within 52 the county for emergency fire rescue services within the county. 53 (c) Upon the adoption of the ordinance, the levy of the 54 surtax must be placed on the ballot by the governing authority 55 of the county enacting the ordinance. The ordinance shall take 56 effect if approved by a majority of the electors of the county 57 voting in a referendum held for such purpose. The ballot for the 58 referendum must conform to the requirements of s. 101.161. The 59 interlocal agreement required under paragraph (e) is a condition 60 precedent to holding the referendum. 61 (d) Pursuant to s. 212.054(4), the proceeds of the 62 discretionary sales surtax collected under this subsection, less 63 an administrative fee that may be retained by the Department of 64 Revenue, shall be distributed by the county to the participating 65 jurisdictions that have entered into an interlocal agreement 66 with the county under this subsection. The county may also 67 charge an administrative fee for receiving and distributing the 68 surtax collected under this subsection which may not exceed 2 69 percent of the surtax collected. 70 (e) The Interlocal Agreement Facilitator shall develop an 71 interlocal agreement to be executed by the county governing 72 authority and the participating jurisdictions, which are the 73 governing bodies of municipalities, dependent special districts, 74 independent special districts, or municipal service taxing units 75 located within such county. The interlocal agreement shall only 76 include a majority of the service providers in the county. 77 1. The interlocal agreement must specify that: 78 a. The amount of the surtax proceeds to be distributed by 79 the county to each participating jurisdiction is based on the 80 actual amounts collected within each participating jurisdiction 81 as determined by the Department of Revenue’s population 82 allocations in accordance with s. 218.62; or 83 b. If a county has special fire control districts and 84 rescue districts or a municipal service taxing unit within its 85 boundary, the county shall distribute the surtax proceeds among 86 the county and the participating municipalities or special fire 87 control and rescue districts based on the proportion of each 88 entity’s expenditures of ad valorem taxes and non-ad valorem 89 assessments for fire control and emergency rescue services in 90 each of the immediately preceding 5 fiscal years to the total of 91 such expenditures for all participating entities. 92 2. Each participating jurisdiction shall agree that if a 93 participating jurisdiction is requested to provide personnel or 94 equipment to any other service provider, on a long-term basis, 95 the jurisdiction providing the service is entitled to payment 96 from the requesting service provider from that provider’s share 97 of the surtax proceeds for all costs of such equipment or 98 personnel. 99 (f) Upon the surtax taking effect and initiation of 100 collections, a county and any participating jurisdiction 101 entering into the interlocal agreement shall reduce the ad 102 valorem tax levy and any non-ad valorem assessment for fire 103 control and emergency rescue services in its next and subsequent 104 budgets by the estimated amount of revenue provided by the 105 surtax. 106 (g) Use of surtax proceeds authorized under this subsection 107 does not relieve a local government from complying with the 108 provisions of chapter 200 and any related provision of law that 109 establishes millage caps or limits undesignated budget reserves 110 and procedures for establishing rollback rates for ad valorem 111 taxes and budget adoption. If surtax collections exceed 112 projected collections in any fiscal year, any surplus 113 distribution must be used to further reduce ad valorem taxes in 114 the next fiscal year. These proceeds shall be applied as a 115 rebate to the final millage, after the TRIM notice is completed 116 in accordance with this provision. 117 (h) Municipalities, special fire control and rescue 118 districts, and contract service providers that do not enter into 119 an interlocal agreement are not entitled to receive a portion of 120 the proceeds of the surtax collected under this subsection. 121 (i) Sub-subparagraph (e)1.a. or subparagraph (e)2. do not 122 apply if one or more of the participating jurisdictions are 123 prohibited from providing the same level of service for 124 prehospital emergency medical treatment within their boundaries 125 as a result of a limitation on providing such services through 126 an interlocal agreement with the county and one or more of the 127 participating jurisdictions or any certificate of public 128 convenience and necessity or its equivalent issued by the county 129 is issued solely to a county department or dependent special 130 districts of the county. 131 (j) Surtax collections shall be initiated on January 1 of 132 the year following a successful referendum in order to coincide 133 with s. 212.054(5). 134 Section 2. This act shall take effect July 1, 2009.