| 1 | A bill to be entitled |
| 2 | An act relating to the charter county transit system |
| 3 | surtax; amending s. 212.055, F.S.; requiring interlocal |
| 4 | agreements in certain counties to be updated no less than |
| 5 | every 5 years to include certain municipalities; providing |
| 6 | an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Paragraph (d) of subsection (1) of section |
| 11 | 212.055, Florida Statutes, is amended to read: |
| 12 | 212.055 Discretionary sales surtaxes; legislative intent; |
| 13 | authorization and use of proceeds.--It is the legislative intent |
| 14 | that any authorization for imposition of a discretionary sales |
| 15 | surtax shall be published in the Florida Statutes as a |
| 16 | subsection of this section, irrespective of the duration of the |
| 17 | levy. Each enactment shall specify the types of counties |
| 18 | authorized to levy; the rate or rates which may be imposed; the |
| 19 | maximum length of time the surtax may be imposed, if any; the |
| 20 | procedure which must be followed to secure voter approval, if |
| 21 | required; the purpose for which the proceeds may be expended; |
| 22 | and such other requirements as the Legislature may provide. |
| 23 | Taxable transactions and administrative procedures shall be as |
| 24 | provided in s. 212.054. |
| 25 | (1) CHARTER COUNTY TRANSIT SYSTEM SURTAX.-- |
| 26 | (d) Proceeds from the surtax shall be applied to as many |
| 27 | or as few of the uses enumerated below in whatever combination |
| 28 | the county commission deems appropriate: |
| 29 | 1. Deposited by the county in the trust fund and shall be |
| 30 | used for the purposes of development, construction, equipment, |
| 31 | maintenance, operation, supportive services, including a |
| 32 | countywide bus system, and related costs of a fixed guideway |
| 33 | rapid transit system; |
| 34 | 2. Remitted by the governing body of the county to an |
| 35 | expressway or transportation authority created by law to be |
| 36 | used, at the discretion of such authority, for the development, |
| 37 | construction, operation, or maintenance of roads or bridges in |
| 38 | the county, for the operation and maintenance of a bus system, |
| 39 | for the payment of principal and interest on existing bonds |
| 40 | issued for the construction of such roads or bridges, and, upon |
| 41 | approval by the county commission, such proceeds may be pledged |
| 42 | for bonds issued to refinance existing bonds or new bonds issued |
| 43 | for the construction of such roads or bridges; |
| 44 | 3. Used by the charter county for the development, |
| 45 | construction, operation, and maintenance of roads and bridges in |
| 46 | the county; for the expansion, operation, and maintenance of bus |
| 47 | and fixed guideway systems; and for the payment of principal and |
| 48 | interest on bonds issued for the construction of fixed guideway |
| 49 | rapid transit systems, bus systems, roads, or bridges; and such |
| 50 | proceeds may be pledged by the governing body of the county for |
| 51 | bonds issued to refinance existing bonds or new bonds issued for |
| 52 | the construction of such fixed guideway rapid transit systems, |
| 53 | bus systems, roads, or bridges and no more than 25 percent used |
| 54 | for nontransit uses; and |
| 55 | 4. Used by the charter county for the planning, |
| 56 | development, construction, operation, and maintenance of roads |
| 57 | and bridges in the county; for the planning, development, |
| 58 | expansion, operation, and maintenance of bus and fixed guideway |
| 59 | systems; and for the payment of principal and interest on bonds |
| 60 | issued for the construction of fixed guideway rapid transit |
| 61 | systems, bus systems, roads, or bridges; and such proceeds may |
| 62 | be pledged by the governing body of the county for bonds issued |
| 63 | to refinance existing bonds or new bonds issued for the |
| 64 | construction of such fixed guideway rapid transit systems, bus |
| 65 | systems, roads, or bridges. Pursuant to an interlocal agreement |
| 66 | entered into pursuant to chapter 163, the governing body of the |
| 67 | charter county may distribute proceeds from the tax to a |
| 68 | municipality, or an expressway or transportation authority |
| 69 | created by law to be expended for the purpose authorized by this |
| 70 | paragraph. Any charter county that has entered into interlocal |
| 71 | agreements for distribution of proceeds to one or more |
| 72 | municipalities in the county shall revise such interlocal |
| 73 | agreements no less than every 5 years in order to include any |
| 74 | municipalities that have been created since the prior interlocal |
| 75 | agreements were executed. |
| 76 | Section 2. This act shall take effect July 1, 2009. |