HB 657

1
A bill to be entitled
2An act relating to discretionary sales surtaxes; amending
3s. 212.055, F.S.; deleting a limitation upon the
4imposition of indigent care and trauma center
5discretionary sales surtaxes by certain counties;
6providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (4) of section 212.055, Florida
11Statutes, is amended to read:
12     212.055  Discretionary sales surtaxes; legislative intent;
13authorization and use of proceeds.--It is the legislative intent
14that any authorization for imposition of a discretionary sales
15surtax shall be published in the Florida Statutes as a
16subsection of this section, irrespective of the duration of the
17levy. Each enactment shall specify the types of counties
18authorized to levy; the rate or rates which may be imposed; the
19maximum length of time the surtax may be imposed, if any; the
20procedure which must be followed to secure voter approval, if
21required; the purpose for which the proceeds may be expended;
22and such other requirements as the Legislature may provide.
23Taxable transactions and administrative procedures shall be as
24provided in s. 212.054.
25     (4)  INDIGENT CARE AND TRAUMA CENTER SURTAX.--
26     (a)1.  The governing body in each county that the
27government of which is not consolidated with that of one or more
28municipalities, which has a population of at least 800,000
29residents and is not authorized to levy a surtax under
30subsection (5), may levy, pursuant to an ordinance either
31approved by an extraordinary vote of the governing body or
32conditioned to take effect only upon approval by a majority vote
33of the electors of the county voting in a referendum, a
34discretionary sales surtax at a rate that may not exceed 0.5
35percent.
36     2.  If the ordinance is conditioned on a referendum, a
37statement that includes a brief and general description of the
38purposes to be funded by the surtax and that conforms to the
39requirements of s. 101.161 shall be placed on the ballot by the
40governing body of the county. The following questions shall be
41placed on the ballot:
42
FOR THE. . . .CENTS TAX
43
AGAINST THE. . . .CENTS TAX
44     3.  The ordinance adopted by the governing body providing
45for the imposition of the surtax shall set forth a plan for
46providing health care services to qualified residents, as
47defined in subparagraph 4. Such plan and subsequent amendments
48to it shall fund a broad range of health care services for both
49indigent persons and the medically poor, including, but not
50limited to, primary care and preventive care as well as hospital
51care. The plan must also address the services to be provided by
52the Level I trauma center. It shall emphasize a continuity of
53care in the most cost-effective setting, taking into
54consideration both a high quality of care and geographic access.
55Where consistent with these objectives, it shall include,
56without limitation, services rendered by physicians, clinics,
57community hospitals, mental health centers, and alternative
58delivery sites, as well as at least one regional referral
59hospital where appropriate. It shall provide that agreements
60negotiated between the county and providers, including hospitals
61with a Level I trauma center, will include reimbursement
62methodologies that take into account the cost of services
63rendered to eligible patients, recognize hospitals that render a
64disproportionate share of indigent care, provide other
65incentives to promote the delivery of charity care, promote the
66advancement of technology in medical services, recognize the
67level of responsiveness to medical needs in trauma cases, and
68require cost containment including, but not limited to, case
69management. It must also provide that any hospitals that are
70owned and operated by government entities on May 21, 1991, must,
71as a condition of receiving funds under this subsection, afford
72public access equal to that provided under s. 286.011 as to
73meetings of the governing board, the subject of which is
74budgeting resources for the rendition of charity care as that
75term is defined in the Florida Hospital Uniform Reporting System
76(FHURS) manual referenced in s. 408.07. The plan shall also
77include innovative health care programs that provide cost-
78effective alternatives to traditional methods of service
79delivery and funding.
80     4.  For the purpose of this paragraph, the term "qualified
81resident" means residents of the authorizing county who are:
82     a.  Qualified as indigent persons as certified by the
83authorizing county;
84     b.  Certified by the authorizing county as meeting the
85definition of the medically poor, defined as persons having
86insufficient income, resources, and assets to provide the needed
87medical care without using resources required to meet basic
88needs for shelter, food, clothing, and personal expenses; or not
89being eligible for any other state or federal program, or having
90medical needs that are not covered by any such program; or
91having insufficient third-party insurance coverage. In all
92cases, the authorizing county is intended to serve as the payor
93of last resort; or
94     c.  Participating in innovative, cost-effective programs
95approved by the authorizing county.
96     5.  Moneys collected pursuant to this paragraph remain the
97property of the state and shall be distributed by the Department
98of Revenue on a regular and periodic basis to the clerk of the
99circuit court as ex officio custodian of the funds of the
100authorizing county. The clerk of the circuit court shall:
101     a.  Maintain the moneys in an indigent health care trust
102fund;
103     b.  Invest any funds held on deposit in the trust fund
104pursuant to general law;
105     c.  Disburse the funds, including any interest earned, to
106any provider of health care services, as provided in
107subparagraphs 3. and 4., upon directive from the authorizing
108county. However, if a county has a population of at least
109800,000 residents and has levied the surtax authorized in this
110paragraph, notwithstanding any directive from the authorizing
111county, on October 1 of each calendar year, the clerk of the
112court shall issue a check in the amount of $6.5 million to a
113hospital in its jurisdiction that has a Level I trauma center or
114shall issue a check in the amount of $3.5 million to a hospital
115in its jurisdiction that has a Level I trauma center if that
116county enacts and implements a hospital lien law in accordance
117with chapter 98-499, Laws of Florida. The issuance of the checks
118on October 1 of each year is provided in recognition of the
119Level I trauma center status and shall be in addition to the
120base contract amount received during fiscal year 1999-2000 and
121any additional amount negotiated to the base contract. If the
122hospital receiving funds for its Level I trauma center status
123requests such funds to be used to generate federal matching
124funds under Medicaid, the clerk of the court shall instead issue
125a check to the Agency for Health Care Administration to
126accomplish that purpose to the extent that it is allowed through
127the General Appropriations Act; and
128     d.  Prepare on a biennial basis an audit of the trust fund
129specified in sub-subparagraph a. Commencing February 1, 2004,
130such audit shall be delivered to the governing body and to the
131chair of the legislative delegation of each authorizing county.
132     6.  Notwithstanding any other provision of this section, a
133county shall not levy local option sales surtaxes authorized in
134this paragraph and subsections (2) and (3) in excess of a
135combined rate of 1 percent.
136     (b)  Notwithstanding any other provision of this section,
137the governing body in each county that the government of which
138is not consolidated with that of one or more municipalities and
139which has a population of less than 800,000 residents, may levy,
140by ordinance subject to approval by a majority of the electors
141of the county voting in a referendum, a discretionary sales
142surtax at a rate that may not exceed 0.25 percent for the sole
143purpose of funding trauma services provided by a trauma center
144licensed pursuant to chapter 395.
145     1.  A statement that includes a brief and general
146description of the purposes to be funded by the surtax and that
147conforms to the requirements of s. 101.161 shall be placed on
148the ballot by the governing body of the county. The following
149shall 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
153county providing for the imposition of the surtax shall set
154forth a plan for providing trauma services to trauma victims
155presenting in the trauma service area in which such county is
156located.
157     3.  Moneys collected pursuant to this paragraph remain the
158property of the state and shall be distributed by the Department
159of Revenue on a regular and periodic basis to the clerk of the
160circuit court as ex officio custodian of the funds of the
161authorizing 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
164pursuant to general law.
165     c.  Disburse the funds, including any interest earned on
166such funds, to the trauma center in its trauma service area, as
167provided in the plan set forth pursuant to subparagraph 2., upon
168directive from the authorizing county. If the trauma center
169receiving funds requests such funds be used to generate federal
170matching funds under Medicaid, the custodian of the funds shall
171instead issue a check to the Agency for Health Care
172Administration to accomplish that purpose to the extent that the
173agency is allowed through the General Appropriations Act.
174     d.  Prepare on a biennial basis an audit of the trauma
175services trust fund specified in sub-subparagraph a., to be
176delivered to the authorizing county.
177     4.  A discretionary sales surtax imposed pursuant to this
178paragraph shall expire 4 years after the effective date of the
179surtax, unless reenacted by ordinance subject to approval by a
180majority of the electors of the county voting in a subsequent
181referendum.
182     5.  Notwithstanding any other provision of this section, a
183county shall not levy local option sales surtaxes authorized in
184this paragraph and subsections (2) and (3) in excess of a
185combined rate of 1 percent.
186     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.