Florida Senate - 2009                                    SB 1576
       
       
       
       By Senator Villalobos
       
       
       
       
       38-00972-09                                           20091576__
    1                        A bill to be entitled                      
    2         An act relating to discretionary sales surtaxes;
    3         amending s. 212.055, F.S.; allowing each charter
    4         county to levy a voter-approved surtax for a community
    5         college in the county; providing restrictions on the
    6         sources of funds to pay for expenses for a referendum
    7         relating to such surtax; requiring notice of the
    8         referendum; defining the term “community college”;
    9         providing a maximum rate of the surtax; providing
   10         requirements for the ordinance imposing the surtax;
   11         providing purposes for which the proceeds of the
   12         surtax may be used; providing for the investment of
   13         proceeds collected from the surtax; providing for the
   14         automatic expiration of such a surtax unless it is
   15         reenacted by ordinance; requiring that the proceeds be
   16         deposited in a separate fund and promptly disbursed to
   17         a board of trustees; providing that state funding may
   18         not be reduced because a community college has
   19         received such proceeds; providing for liberal
   20         construction; providing an effective date.
   21         
   22  Be It Enacted by the Legislature of the State of Florida:
   23         
   24         Section 1. Subsection (8) is added to section 212.055,
   25  Florida Statutes, to read:
   26         212.055 Discretionary sales surtaxes; legislative intent;
   27  authorization and use of proceeds.—It is the legislative intent
   28  that any authorization for imposition of a discretionary sales
   29  surtax shall be published in the Florida Statutes as a
   30  subsection of this section, irrespective of the duration of the
   31  levy. Each enactment shall specify the types of counties
   32  authorized to levy; the rate or rates which may be imposed; the
   33  maximum length of time the surtax may be imposed, if any; the
   34  procedure which must be followed to secure voter approval, if
   35  required; the purpose for which the proceeds may be expended;
   36  and such other requirements as the Legislature may provide.
   37  Taxable transactions and administrative procedures shall be as
   38  provided in s. 212.054.
   39         (8)COMMUNITY COLLEGE SURTAX.—A county as defined in s.
   40  125.011(1) may levy a surtax authorized in this subsection
   41  pursuant to an ordinance that is conditioned to take effect only
   42  upon approval by a majority vote of the electors of the county
   43  voting in a referendum. If the county, at the request of a
   44  community college, calls a special election, the expense of the
   45  election may not be paid with student fees or moneys that the
   46  community college receives from the state, but may be paid with
   47  funds received from private sources or with college auxiliary
   48  funds. The county must provide at least 30 days' notice of the
   49  election as provided by s. 100.342.
   50         (a)As used in this subsection, the term “community
   51  college” means any college that is on the list of community
   52  colleges as set forth in s. 1000.21. Each community college must
   53  be constituted and governed as provided under ss. 1001.63 and
   54  1004.67.
   55         (b)The rate of a surtax authorized by this subsection may
   56  not exceed 0.5 percent.
   57         (c)The ordinance providing for the imposition of the
   58  surtax must include a statement that provides a brief and
   59  general description of the purposes for which the proceeds of
   60  the surtax may be used. The statement must conform to the
   61  requirements of s. 101.161 and must be placed on the ballot by
   62  the governing body of the county.
   63         (d)The ordinance must set forth a plan for using the
   64  surtax proceeds for the benefit of the community college by its
   65  board of trustees. Such plan must provide for the permissible
   66  uses of the surtax proceeds, including, but not limited to, the
   67  maintenance, improvement, and expansion of a broad range of
   68  academic and workforce training programs; teaching enhancements;
   69  student scholarships and other financial aid; capital
   70  expenditures and infrastructure projects; fixed capital costs
   71  associated with the construction, reconstruction, renovation,
   72  maintenance, or improvement of facilities and campuses which has
   73  a useful life expectancy of at least 5 years; deferred
   74  maintenance; land acquisition, land improvement, design, and
   75  engineering costs related thereto; and the expansion and
   76  enhancement of services, programs, and facilities at all
   77  community college sites within the county. The proceeds of the
   78  surtax must be set aside and invested as permitted by law, with
   79  the principal and income to be used for the purposes listed in
   80  this section as directed by the board of trustees for the
   81  community college.
   82         (e)A surtax imposed under this subsection expires 5 years
   83  after the effective date of the surtax unless reenacted by an
   84  ordinance that is subject to approval by a majority of the
   85  electors of the county voting in a subsequent referendum.
   86         (f)Proceeds from the surtax must be:
   87         1.Deposited by the county in a special fund that is set
   88  aside from other county funds and that is used only for the
   89  operation, maintenance, and administration of the community
   90  college within that county; and
   91         2.Remitted promptly by the county to the board of trustees
   92  that administers or operates the community college.
   93         (g)The annual apportionment of state funds for the support
   94  of a community college under any provision of general law may
   95  not be reduced because that community college has received funds
   96  pursuant to a sales surtax levied under this subsection.
   97         (h)This subsection shall be liberally construed to achieve
   98  its purpose.
   99         Section 2. This act shall take effect upon becoming a law.