Florida Senate - 2009                                    SB 2058
       
       
       
       By Senator Alexander
       
       
       
       
       17-01035-09                                           20092058__
    1                        A bill to be entitled                      
    2         An act relating to the charter county transit system
    3         surtax; amending s. 212.055, F.S.; renaming the
    4         surtax; expanding the eligibility to levy the surtax
    5         to all charter counties; providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Subsection (1) of section 212.055, Florida
   10  Statutes, is amended to read:
   11         212.055 Discretionary sales surtaxes; legislative intent;
   12  authorization and use of proceeds.—It is the legislative intent
   13  that any authorization for imposition of a discretionary sales
   14  surtax shall be published in the Florida Statutes as a
   15  subsection of this section, irrespective of the duration of the
   16  levy. Each enactment shall specify the types of counties
   17  authorized to levy; the rate or rates which may be imposed; the
   18  maximum length of time the surtax may be imposed, if any; the
   19  procedure which must be followed to secure voter approval, if
   20  required; the purpose for which the proceeds may be expended;
   21  and such other requirements as the Legislature may provide.
   22  Taxable transactions and administrative procedures shall be as
   23  provided in s. 212.054.
   24         (1) CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.—
   25         (a) Each charter county that has which adopted a charter
   26  prior to January 1, 1984, and each county the government of
   27  which is consolidated with that of one or more municipalities,
   28  may levy a discretionary sales surtax, subject to approval by a
   29  majority vote of the electorate of the county or by a charter
   30  amendment approved by a majority vote of the electorate of the
   31  county.
   32         (b) The rate shall be up to 1 percent.
   33         (c) The proposal to adopt a discretionary sales surtax as
   34  provided in this subsection and to create a trust fund within
   35  the county accounts shall be placed on the ballot in accordance
   36  with law at a time to be set at the discretion of the governing
   37  body.
   38         (d) Proceeds from the surtax shall be applied to as many or
   39  as few of the uses enumerated below in whatever combination the
   40  county commission deems appropriate:
   41         1. Deposited by the county in the trust fund and shall be
   42  used for the purposes of development, construction, equipment,
   43  maintenance, operation, supportive services, including a
   44  countywide bus system, and related costs of a fixed guideway
   45  rapid transit system;
   46         2. Remitted by the governing body of the county to an
   47  expressway, transit, or transportation authority created by law
   48  to be used, at the discretion of such authority, for the
   49  development, construction, operation, or maintenance of roads or
   50  bridges in the county, for the operation and maintenance of a
   51  bus system, for the payment of principal and interest on
   52  existing bonds issued for the construction of such roads or
   53  bridges, and, upon approval by the county commission, such
   54  proceeds may be pledged for bonds issued to refinance existing
   55  bonds or new bonds issued for the construction of such roads or
   56  bridges;
   57         3. Used by the charter county for the development,
   58  construction, operation, and maintenance of roads and bridges in
   59  the county; for the expansion, operation, and maintenance of bus
   60  and fixed guideway systems; and for the payment of principal and
   61  interest on bonds issued for the construction of fixed guideway
   62  rapid transit systems, bus systems, roads, or bridges; and such
   63  proceeds may be pledged by the governing body of the county for
   64  bonds issued to refinance existing bonds or new bonds issued for
   65  the construction of such fixed guideway rapid transit systems,
   66  bus systems, roads, or bridges and no more than 25 percent used
   67  for nontransit uses; and
   68         4. Used by the charter county for the planning,
   69  development, construction, operation, and maintenance of roads
   70  and bridges in the county; for the planning, development,
   71  expansion, operation, and maintenance of bus and fixed guideway
   72  systems; and for the payment of principal and interest on bonds
   73  issued for the construction of fixed guideway rapid transit
   74  systems, bus systems, roads, or bridges; and such proceeds may
   75  be pledged by the governing body of the county for bonds issued
   76  to refinance existing bonds or new bonds issued for the
   77  construction of such fixed guideway rapid transit systems, bus
   78  systems, roads, or bridges. Pursuant to an interlocal agreement
   79  entered into pursuant to chapter 163, the governing body of the
   80  charter county may distribute proceeds from the tax to a
   81  municipality, or an expressway or transportation authority
   82  created by law to be expended for the purpose authorized by this
   83  paragraph.
   84         Section 2. This act shall take effect July 1, 2009.