CS for SB 2210                                   First Engrossed
       
       
       
       
       
       
       
       
       20092210e1
       
    1                        A bill to be entitled                      
    2         An act relating to the charter county transit system
    3         surtax; amending s. 212.055, F.S.; changing the name
    4         of the surtax; expanding eligible counties authorized
    5         to levy the surtax; requiring interlocal agreements in
    6         certain counties to be updated no less than every 5
    7         years to include certain municipalities; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (1) of section 212.055, Florida
   13  Statutes, is amended to read:
   14         212.055 Discretionary sales surtaxes; legislative intent;
   15  authorization and use of proceeds.—It is the legislative intent
   16  that any authorization for imposition of a discretionary sales
   17  surtax shall be published in the Florida Statutes as a
   18  subsection of this section, irrespective of the duration of the
   19  levy. Each enactment shall specify the types of counties
   20  authorized to levy; the rate or rates which may be imposed; the
   21  maximum length of time the surtax may be imposed, if any; the
   22  procedure which must be followed to secure voter approval, if
   23  required; the purpose for which the proceeds may be expended;
   24  and such other requirements as the Legislature may provide.
   25  Taxable transactions and administrative procedures shall be as
   26  provided in s. 212.054.
   27         (1) CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.—
   28         (a) Each charter county that has which adopted a charter
   29  prior to January 1, 1984, and each county the government of
   30  which is consolidated with that of one or more municipalities,
   31  may levy a discretionary sales surtax, subject to approval by a
   32  majority vote of the electorate of the county or by a charter
   33  amendment approved by a majority vote of the electorate of the
   34  county.
   35         (b) The rate shall be up to 1 percent.
   36         (c) The proposal to adopt a discretionary sales surtax as
   37  provided in this subsection and to create a trust fund within
   38  the county accounts shall be placed on the ballot in accordance
   39  with law at a time to be set at the discretion of the governing
   40  body.
   41         (d) Proceeds from the surtax shall be applied to as many or
   42  as few of the uses enumerated below in whatever combination the
   43  county commission deems appropriate:
   44         1. Deposited by the county in the trust fund and shall be
   45  used for the purposes of development, construction, equipment,
   46  maintenance, operation, supportive services, including a
   47  countywide bus system, and related costs of a fixed guideway
   48  rapid transit system;
   49         2. Remitted by the governing body of the county to an
   50  expressway or transportation authority created by law to be
   51  used, at the discretion of such authority, for the development,
   52  construction, operation, or maintenance of roads or bridges in
   53  the county, for the operation and maintenance of a bus system,
   54  for the payment of principal and interest on existing bonds
   55  issued for the construction of such roads or bridges, and, upon
   56  approval by the county commission, such proceeds may be pledged
   57  for bonds issued to refinance existing bonds or new bonds issued
   58  for the construction of such roads or bridges;
   59         3. Used by the charter county for the development,
   60  construction, operation, and maintenance of roads and bridges in
   61  the county; for the expansion, operation, and maintenance of bus
   62  and fixed guideway systems; and for the payment of principal and
   63  interest on bonds issued for the construction of fixed guideway
   64  rapid transit systems, bus systems, roads, or bridges; and such
   65  proceeds may be pledged by the governing body of the county for
   66  bonds issued to refinance existing bonds or new bonds issued for
   67  the construction of such fixed guideway rapid transit systems,
   68  bus systems, roads, or bridges and no more than 25 percent used
   69  for nontransit uses; and
   70         4. Used by the charter county for the planning,
   71  development, construction, operation, and maintenance of roads
   72  and bridges in the county; for the planning, development,
   73  expansion, operation, and maintenance of bus and fixed guideway
   74  systems; and for the payment of principal and interest on bonds
   75  issued for the construction of fixed guideway rapid transit
   76  systems, bus systems, roads, or bridges; and such proceeds may
   77  be pledged by the governing body of the county for bonds issued
   78  to refinance existing bonds or new bonds issued for the
   79  construction of such fixed guideway rapid transit systems, bus
   80  systems, roads, or bridges. Pursuant to an interlocal agreement
   81  entered into pursuant to chapter 163, the governing body of the
   82  charter county may distribute proceeds from the tax to a
   83  municipality, or an expressway or transportation authority
   84  created by law to be expended for the purpose authorized by this
   85  paragraph. Any charter county that has entered into interlocal
   86  agreements for the distribution of proceeds to one or more of
   87  its municipalities shall revise such interlocal agreements no
   88  less frequently than every 5 years for the purpose of including
   89  any municipalities created since the execution of the previous
   90  interlocal agreements.
   91         Section 2. This act shall take effect July 1, 2009.