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.