1 | A bill to be entitled |
2 | An act relating to discretionary sales surtaxes; amending |
3 | s. 212.055, F.S.; deleting a limitation upon the |
4 | imposition of indigent care and trauma center |
5 | discretionary sales surtaxes by certain counties; |
6 | providing an effective date. |
7 |
|
8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
|
10 | Section 1. Subsection (4) of section 212.055, Florida |
11 | 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 | (4) INDIGENT CARE AND TRAUMA CENTER SURTAX.-- |
26 | (a)1. The governing body in each county that the |
27 | government of which is not consolidated with that of one or more |
28 | municipalities, which has a population of at least 800,000 |
29 | residents and is not authorized to levy a surtax under |
30 | subsection (5), may levy, pursuant to an ordinance either |
31 | approved by an extraordinary vote of the governing body or |
32 | conditioned to take effect only upon approval by a majority vote |
33 | of the electors of the county voting in a referendum, a |
34 | discretionary sales surtax at a rate that may not exceed 0.5 |
35 | percent. |
36 | 2. If the ordinance is conditioned on a referendum, a |
37 | statement that includes a brief and general description of the |
38 | purposes to be funded by the surtax and that conforms to the |
39 | requirements of s. 101.161 shall be placed on the ballot by the |
40 | governing body of the county. The following questions shall be |
41 | placed on the ballot: |
42 | FOR THE. . . .CENTS TAX |
43 | AGAINST THE. . . .CENTS TAX |
44 | 3. The ordinance adopted by the governing body providing |
45 | for the imposition of the surtax shall set forth a plan for |
46 | providing health care services to qualified residents, as |
47 | defined in subparagraph 4. Such plan and subsequent amendments |
48 | to it shall fund a broad range of health care services for both |
49 | indigent persons and the medically poor, including, but not |
50 | limited to, primary care and preventive care as well as hospital |
51 | care. The plan must also address the services to be provided by |
52 | the Level I trauma center. It shall emphasize a continuity of |
53 | care in the most cost-effective setting, taking into |
54 | consideration both a high quality of care and geographic access. |
55 | Where consistent with these objectives, it shall include, |
56 | without limitation, services rendered by physicians, clinics, |
57 | community hospitals, mental health centers, and alternative |
58 | delivery sites, as well as at least one regional referral |
59 | hospital where appropriate. It shall provide that agreements |
60 | negotiated between the county and providers, including hospitals |
61 | with a Level I trauma center, will include reimbursement |
62 | methodologies that take into account the cost of services |
63 | rendered to eligible patients, recognize hospitals that render a |
64 | disproportionate share of indigent care, provide other |
65 | incentives to promote the delivery of charity care, promote the |
66 | advancement of technology in medical services, recognize the |
67 | level of responsiveness to medical needs in trauma cases, and |
68 | require cost containment including, but not limited to, case |
69 | management. It must also provide that any hospitals that are |
70 | owned and operated by government entities on May 21, 1991, must, |
71 | as a condition of receiving funds under this subsection, afford |
72 | public access equal to that provided under s. 286.011 as to |
73 | meetings of the governing board, the subject of which is |
74 | budgeting resources for the rendition of charity care as that |
75 | term is defined in the Florida Hospital Uniform Reporting System |
76 | (FHURS) manual referenced in s. 408.07. The plan shall also |
77 | include innovative health care programs that provide cost- |
78 | effective alternatives to traditional methods of service |
79 | delivery and funding. |
80 | 4. For the purpose of this paragraph, the term "qualified |
81 | resident" means residents of the authorizing county who are: |
82 | a. Qualified as indigent persons as certified by the |
83 | authorizing county; |
84 | b. Certified by the authorizing county as meeting the |
85 | definition of the medically poor, defined as persons having |
86 | insufficient income, resources, and assets to provide the needed |
87 | medical care without using resources required to meet basic |
88 | needs for shelter, food, clothing, and personal expenses; or not |
89 | being eligible for any other state or federal program, or having |
90 | medical needs that are not covered by any such program; or |
91 | having insufficient third-party insurance coverage. In all |
92 | cases, the authorizing county is intended to serve as the payor |
93 | of last resort; or |
94 | c. Participating in innovative, cost-effective programs |
95 | approved by the authorizing county. |
96 | 5. Moneys collected pursuant to this paragraph remain the |
97 | property of the state and shall be distributed by the Department |
98 | of Revenue on a regular and periodic basis to the clerk of the |
99 | circuit court as ex officio custodian of the funds of the |
100 | authorizing county. The clerk of the circuit court shall: |
101 | a. Maintain the moneys in an indigent health care trust |
102 | fund; |
103 | b. Invest any funds held on deposit in the trust fund |
104 | pursuant to general law; |
105 | c. Disburse the funds, including any interest earned, to |
106 | any provider of health care services, as provided in |
107 | subparagraphs 3. and 4., upon directive from the authorizing |
108 | county. However, if a county has a population of at least |
109 | 800,000 residents and has levied the surtax authorized in this |
110 | paragraph, notwithstanding any directive from the authorizing |
111 | county, on October 1 of each calendar year, the clerk of the |
112 | court shall issue a check in the amount of $6.5 million to a |
113 | hospital in its jurisdiction that has a Level I trauma center or |
114 | shall issue a check in the amount of $3.5 million to a hospital |
115 | in its jurisdiction that has a Level I trauma center if that |
116 | county enacts and implements a hospital lien law in accordance |
117 | with chapter 98-499, Laws of Florida. The issuance of the checks |
118 | on October 1 of each year is provided in recognition of the |
119 | Level I trauma center status and shall be in addition to the |
120 | base contract amount received during fiscal year 1999-2000 and |
121 | any additional amount negotiated to the base contract. If the |
122 | hospital receiving funds for its Level I trauma center status |
123 | requests such funds to be used to generate federal matching |
124 | funds under Medicaid, the clerk of the court shall instead issue |
125 | a check to the Agency for Health Care Administration to |
126 | accomplish that purpose to the extent that it is allowed through |
127 | the General Appropriations Act; and |
128 | d. Prepare on a biennial basis an audit of the trust fund |
129 | specified in sub-subparagraph a. Commencing February 1, 2004, |
130 | such audit shall be delivered to the governing body and to the |
131 | chair of the legislative delegation of each authorizing county. |
132 | 6. Notwithstanding any other provision of this section, a |
133 | county shall not levy local option sales surtaxes authorized in |
134 | this paragraph and subsections (2) and (3) in excess of a |
135 | combined rate of 1 percent. |
136 | (b) Notwithstanding any other provision of this section, |
137 | the governing body in each county that the government of which |
138 | is not consolidated with that of one or more municipalities and |
139 | which has a population of less than 800,000 residents, may levy, |
140 | by ordinance subject to approval by a majority of the electors |
141 | of the county voting in a referendum, a discretionary sales |
142 | surtax at a rate that may not exceed 0.25 percent for the sole |
143 | purpose of funding trauma services provided by a trauma center |
144 | licensed pursuant to chapter 395. |
145 | 1. A statement that includes a brief and general |
146 | description of the purposes to be funded by the surtax and that |
147 | conforms to the requirements of s. 101.161 shall be placed on |
148 | the ballot by the governing body of the county. The following |
149 | shall be placed on the ballot: |
150 | FOR THE. . . .CENTS TAX |
151 | AGAINST THE. . . .CENTS TAX |
152 | 2. The ordinance adopted by the governing body of the |
153 | county providing for the imposition of the surtax shall set |
154 | forth a plan for providing trauma services to trauma victims |
155 | presenting in the trauma service area in which such county is |
156 | located. |
157 | 3. Moneys collected pursuant to this paragraph remain the |
158 | property of the state and shall be distributed by the Department |
159 | of Revenue on a regular and periodic basis to the clerk of the |
160 | circuit court as ex officio custodian of the funds of the |
161 | authorizing county. The clerk of the circuit court shall: |
162 | a. Maintain the moneys in a trauma services trust fund. |
163 | b. Invest any funds held on deposit in the trust fund |
164 | pursuant to general law. |
165 | c. Disburse the funds, including any interest earned on |
166 | such funds, to the trauma center in its trauma service area, as |
167 | provided in the plan set forth pursuant to subparagraph 2., upon |
168 | directive from the authorizing county. If the trauma center |
169 | receiving funds requests such funds be used to generate federal |
170 | matching funds under Medicaid, the custodian of the funds shall |
171 | instead issue a check to the Agency for Health Care |
172 | Administration to accomplish that purpose to the extent that the |
173 | agency is allowed through the General Appropriations Act. |
174 | d. Prepare on a biennial basis an audit of the trauma |
175 | services trust fund specified in sub-subparagraph a., to be |
176 | delivered to the authorizing county. |
177 | 4. A discretionary sales surtax imposed pursuant to this |
178 | paragraph shall expire 4 years after the effective date of the |
179 | surtax, unless reenacted by ordinance subject to approval by a |
180 | majority of the electors of the county voting in a subsequent |
181 | referendum. |
182 | 5. Notwithstanding any other provision of this section, a |
183 | county shall not levy local option sales surtaxes authorized in |
184 | this paragraph and subsections (2) and (3) in excess of a |
185 | combined rate of 1 percent. |
186 | Section 2. This act shall take effect July 1, 2009. |