Amendment
Bill No. CS/CS/CS/HB 1363
Amendment No. 636423
CHAMBER ACTION
Senate House
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1Representative Nuñez offered the following:
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3     Amendment (with title amendment)
4     Between lines 2525 and 2526, insert:
5     Section 74.  Paragraph (d) of subsection (1) of section
6212.055, Florida Statutes, is amended to read:
7     212.055  Discretionary sales surtaxes; legislative intent;
8authorization and use of proceeds.-It is the legislative intent
9that any authorization for imposition of a discretionary sales
10surtax shall be published in the Florida Statutes as a
11subsection of this section, irrespective of the duration of the
12levy. Each enactment shall specify the types of counties
13authorized to levy; the rate or rates which may be imposed; the
14maximum length of time the surtax may be imposed, if any; the
15procedure which must be followed to secure voter approval, if
16required; the purpose for which the proceeds may be expended;
17and such other requirements as the Legislature may provide.
18Taxable transactions and administrative procedures shall be as
19provided in s. 212.054.
20     (1)  CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
21SURTAX.-
22     (d)  Proceeds from the surtax shall be applied to as many
23or as few of the uses enumerated below in whatever combination
24the county commission deems appropriate:
25     1.  Deposited by the county in the trust fund and shall be
26used for the purposes of development, construction, equipment,
27maintenance, operation, supportive services, including a
28countywide bus system, on-demand transportation services, and
29related costs of a fixed guideway rapid transit system;
30     2.  Remitted by the governing body of the county to an
31expressway, transit, or transportation authority created by law
32to be used, at the discretion of such authority, for the
33development, construction, operation, or maintenance of roads or
34bridges in the county, for the operation and maintenance of a
35bus system, for the operation and maintenance of on-demand
36transportation services, for the payment of principal and
37interest on existing bonds issued for the construction of such
38roads or bridges, and, upon approval by the county commission,
39such proceeds may be pledged for bonds issued to refinance
40existing bonds or new bonds issued for the construction of such
41roads or bridges;
42     3.  Used by the county for the development, construction,
43operation, and maintenance of roads and bridges in the county;
44for the expansion, operation, and maintenance of bus and fixed
45guideway systems; for the expansion, operation, and maintenance
46of on-demand transportation services; and for the payment of
47principal and interest on bonds issued for the construction of
48fixed guideway rapid transit systems, bus systems, roads, or
49bridges; and such proceeds may be pledged by the governing body
50of the county for bonds issued to refinance existing bonds or
51new bonds issued for the construction of such fixed guideway
52rapid transit systems, bus systems, roads, or bridges and no
53more than 25 percent used for nontransit uses; and
54     4.  Used by the county for the planning, development,
55construction, operation, and maintenance of roads and bridges in
56the county; for the planning, development, expansion, operation,
57and maintenance of bus and fixed guideway systems; for the
58planning, development, construction, operation, and maintenance
59of on-demand transportation services; and for the payment of
60principal and interest on bonds issued for the construction of
61fixed guideway rapid transit systems, bus systems, roads, or
62bridges; and such proceeds may be pledged by the governing body
63of the county for bonds issued to refinance existing bonds or
64new bonds issued for the construction of such fixed guideway
65rapid transit systems, bus systems, roads, or bridges. Pursuant
66to an interlocal agreement entered into pursuant to chapter 163,
67the governing body of the county may distribute proceeds from
68the tax to a municipality, or an expressway or transportation
69authority created by law to be expended for the purpose
70authorized by this paragraph. Any county that has entered into
71interlocal agreements for distribution of proceeds to one or
72more municipalities in the county shall revise such interlocal
73agreements as necessary for the sole purpose of including no
74less than every 5 years in order to include any municipalities
75that have been created during the immediately preceding year,
76provided that any funds distributed to a new municipality must
77come from funds otherwise retained and used by the charter
78county, must be on a pro rata basis with the allocation of funds
79to the previously existing municipalities, and must not reduce
80the percentage allocation to the previously existing
81municipalities. Notwithstanding the foregoing, the first
82revision of interlocal agreements pursuant to this subparagraph
83shall include any municipality that has been created since the
84surtax was adopted by the charter county. Any charter county
85that seeks to terminate or substantially modify the distribution
86of funds to municipalities may do so only pursuant to approval
87by a majority vote of the electorate of the county since the
88prior interlocal agreements were executed.
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T I T L E  A M E N D M E N T
93     Remove line 186 and insert:
94changes made by the act; amending s. 212.055, F.S.; requiring
95counties to revise, as necessary, any interlocal agreements
96entered into with municipalities for the distribution of
97proceeds of the discretionary sales surcharge in order that
98newly participating municipalities may receive a share of the
99distribution; specifying conditions by which a municipality may
100receive a distribution of the sales surcharge; providing
101effective dates.


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