| 1 | Representative Nuñez offered the following: |
| 2 |
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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 |
| 6 | 212.055, Florida Statutes, is amended to read: |
| 7 | 212.055 Discretionary sales surtaxes; legislative intent; |
| 8 | authorization and use of proceeds.-It is the legislative intent |
| 9 | that any authorization for imposition of a discretionary sales |
| 10 | surtax shall be published in the Florida Statutes as a |
| 11 | subsection of this section, irrespective of the duration of the |
| 12 | levy. Each enactment shall specify the types of counties |
| 13 | authorized to levy; the rate or rates which may be imposed; the |
| 14 | maximum length of time the surtax may be imposed, if any; the |
| 15 | procedure which must be followed to secure voter approval, if |
| 16 | required; the purpose for which the proceeds may be expended; |
| 17 | and such other requirements as the Legislature may provide. |
| 18 | Taxable transactions and administrative procedures shall be as |
| 19 | provided in s. 212.054. |
| 20 | (1) CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM |
| 21 | SURTAX.- |
| 22 | (d) Proceeds from the surtax shall be applied to as many |
| 23 | or as few of the uses enumerated below in whatever combination |
| 24 | the county commission deems appropriate: |
| 25 | 1. Deposited by the county in the trust fund and shall be |
| 26 | used for the purposes of development, construction, equipment, |
| 27 | maintenance, operation, supportive services, including a |
| 28 | countywide bus system, on-demand transportation services, and |
| 29 | related costs of a fixed guideway rapid transit system; |
| 30 | 2. Remitted by the governing body of the county to an |
| 31 | expressway, transit, or transportation authority created by law |
| 32 | to be used, at the discretion of such authority, for the |
| 33 | development, construction, operation, or maintenance of roads or |
| 34 | bridges in the county, for the operation and maintenance of a |
| 35 | bus system, for the operation and maintenance of on-demand |
| 36 | transportation services, for the payment of principal and |
| 37 | interest on existing bonds issued for the construction of such |
| 38 | roads or bridges, and, upon approval by the county commission, |
| 39 | such proceeds may be pledged for bonds issued to refinance |
| 40 | existing bonds or new bonds issued for the construction of such |
| 41 | roads or bridges; |
| 42 | 3. Used by the county for the development, construction, |
| 43 | operation, and maintenance of roads and bridges in the county; |
| 44 | for the expansion, operation, and maintenance of bus and fixed |
| 45 | guideway systems; for the expansion, operation, and maintenance |
| 46 | of on-demand transportation services; and for the payment of |
| 47 | principal and interest on bonds issued for the construction of |
| 48 | fixed guideway rapid transit systems, bus systems, roads, or |
| 49 | bridges; and such proceeds may be pledged by the governing body |
| 50 | of the county for bonds issued to refinance existing bonds or |
| 51 | new bonds issued for the construction of such fixed guideway |
| 52 | rapid transit systems, bus systems, roads, or bridges and no |
| 53 | more than 25 percent used for nontransit uses; and |
| 54 | 4. Used by the county for the planning, development, |
| 55 | construction, operation, and maintenance of roads and bridges in |
| 56 | the county; for the planning, development, expansion, operation, |
| 57 | and maintenance of bus and fixed guideway systems; for the |
| 58 | planning, development, construction, operation, and maintenance |
| 59 | of on-demand transportation services; and for the payment of |
| 60 | principal and interest on bonds issued for the construction of |
| 61 | fixed guideway rapid transit systems, bus systems, roads, or |
| 62 | bridges; and such proceeds may be pledged by the governing body |
| 63 | of the county for bonds issued to refinance existing bonds or |
| 64 | new bonds issued for the construction of such fixed guideway |
| 65 | rapid transit systems, bus systems, roads, or bridges. Pursuant |
| 66 | to an interlocal agreement entered into pursuant to chapter 163, |
| 67 | the governing body of the county may distribute proceeds from |
| 68 | the tax to a municipality, or an expressway or transportation |
| 69 | authority created by law to be expended for the purpose |
| 70 | authorized by this paragraph. Any county that has entered into |
| 71 | interlocal agreements for distribution of proceeds to one or |
| 72 | more municipalities in the county shall revise such interlocal |
| 73 | agreements as necessary for the sole purpose of including no |
| 74 | less than every 5 years in order to include any municipalities |
| 75 | that have been created during the immediately preceding year, |
| 76 | provided that any funds distributed to a new municipality must |
| 77 | come from funds otherwise retained and used by the charter |
| 78 | county, must be on a pro rata basis with the allocation of funds |
| 79 | to the previously existing municipalities, and must not reduce |
| 80 | the percentage allocation to the previously existing |
| 81 | municipalities. Notwithstanding the foregoing, the first |
| 82 | revision of interlocal agreements pursuant to this subparagraph |
| 83 | shall include any municipality that has been created since the |
| 84 | surtax was adopted by the charter county. Any charter county |
| 85 | that seeks to terminate or substantially modify the distribution |
| 86 | of funds to municipalities may do so only pursuant to approval |
| 87 | by a majority vote of the electorate of the county since the |
| 88 | prior interlocal agreements were executed. |
| 89 |
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| 90 |
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| 91 | ----------------------------------------------------- |
| 92 | T I T L E A M E N D M E N T |
| 93 | Remove line 186 and insert: |
| 94 | changes made by the act; amending s. 212.055, F.S.; requiring |
| 95 | counties to revise, as necessary, any interlocal agreements |
| 96 | entered into with municipalities for the distribution of |
| 97 | proceeds of the discretionary sales surcharge in order that |
| 98 | newly participating municipalities may receive a share of the |
| 99 | distribution; specifying conditions by which a municipality may |
| 100 | receive a distribution of the sales surcharge; providing |
| 101 | effective dates. |