CS for SB 66                              Second Engrossed (ntc)
    1                        A bill to be entitled                      
    2         An act relating to discretionary sales surtaxes;
    3         amending s. 212.055, F.S.; authorizing a county as
    4         defined in s. 125.011(1), F.S., to levy a surtax up to
    5         a specified amount for the benefit of a Florida
    6         College System institution and a state university in
    7         the county pursuant to an ordinance conditioned to
    8         take effect upon approval in a county referendum;
    9         requiring the ordinance to be enacted before a
   10         specified date; prohibiting the referendum unless the
   11         Florida College System institution attains certain
   12         completion rates; providing permissible uses of the
   13         surtax proceeds; providing referendum requirements and
   14         procedures; requiring that the proceeds from the
   15         surtax be transferred into a specified account and
   16         managed in a specified manner; establishing an
   17         oversight board with specified duties,
   18         responsibilities, and requirements relating to the
   19         expenditure of surtax proceeds; providing for the
   20         appointment of members of the oversight board;
   21         requiring that the board of trustees of each
   22         institution receiving surtax proceeds prepare an
   23         annual plan for submission to the oversight board for
   24         approval; providing that state funding may not be
   25         reduced because an institution receives surtax funds;
   26         providing for the scheduled expiration of the surtax;
   27         prohibiting certain counties from levying the surtax
   28         within a specified period; providing an effective
   29         date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Subsection (9) is added to section 212.055,
   34  Florida Statutes, to read:
   35         212.055 Discretionary sales surtaxes; legislative intent;
   36  authorization and use of proceeds.—It is the legislative intent
   37  that any authorization for imposition of a discretionary sales
   38  surtax shall be published in the Florida Statutes as a
   39  subsection of this section, irrespective of the duration of the
   40  levy. Each enactment shall specify the types of counties
   41  authorized to levy; the rate or rates which may be imposed; the
   42  maximum length of time the surtax may be imposed, if any; the
   43  procedure which must be followed to secure voter approval, if
   44  required; the purpose for which the proceeds may be expended;
   45  and such other requirements as the Legislature may provide.
   46  Taxable transactions and administrative procedures shall be as
   47  provided in s. 212.054.
   48         (9) HIGHER EDUCATION SURTAX.—A county as defined in s.
   49  125.011(1), pursuant to an ordinance that is conditioned to take
   50  effect only upon approval by a majority vote of the electors of
   51  the county voting in a referendum, may levy a surtax of up to
   52  0.5 percent for the benefit of a Florida College System
   53  institution and a state university as defined in s. 1000.21
   54  which are located in the county.
   55         (a) The ordinance must be enacted by the governing body of
   56  the county before June 1 of the year in which the referendum is
   57  to be held. However, the referendum may not be held until at
   58  least 40 percent of the students seeking an associate degree
   59  from the Florida College System institution located in the
   60  county attain completion within 150 percent of catalogue time,
   61  or at least 45 percent of the students seeking an associate
   62  degree from the institution attain completion within 200 percent
   63  of catalogue time, as reflected in data collected by the
   64  Integrated Postsecondary Education Data System. If the
   65  institution has met either completion rate, the referendum shall
   66  be scheduled for the next available countywide election after
   67  June 1.
   68         (b) The permissible uses of the surtax proceeds include
   69  capital expenditures and infrastructure projects; fixed capital
   70  costs associated with the construction, reconstruction,
   71  renovation, maintenance, or improvement of facilities and
   72  campuses that have a useful life expectancy of at least 5 years;
   73  deferred maintenance; land improvement, design, and engineering
   74  costs related thereto; and the expansion and enhancement of
   75  facilities at all institution sites within the county. The
   76  proceeds from the surtax may be used by a state university for
   77  the land acquisition of parcels that are contiguous to its
   78  existing main campus. The proceeds of the surtax must be set
   79  aside and invested as permitted by law, with the principal and
   80  income to be used for the purposes listed in this subsection as
   81  administered by the board of trustees.
   82         (c) The expense of holding the referendum may not be paid
   83  with student fees or any public funds, but shall be paid only
   84  with funds received from private sources or with college
   85  auxiliary funds. The county must provide at least 30 days’
   86  notice of the election as provided in s. 100.342.
   87         (d) The referendum providing for the imposition of the
   88  surtax must include a statement that provides a brief and
   89  general description of the purposes for which the proceeds of
   90  the surtax may be used, conform to the requirements of s.
   91  101.161, and be placed on the ballot by the governing body of
   92  the county. The following question shall be placed on the
   93  ballot:
   95                  FOR THE. . . .CENTS TAX INCREASE                 
   96                AGAINST THE. . . .CENTS TAX INCREASE               
   98         (e) Upon approval of the referendum, 90 percent of the
   99  proceeds from the surtax must be transferred by the department
  100  into a Florida Prime account managed by the State Board of
  101  Administration and used only for the operation, maintenance, and
  102  administration of the Florida College System institution within
  103  that county and 10 percent of the proceeds from the surtax must
  104  be transferred by the Department of Revenue into a Florida Prime
  105  account managed by the State Board of Administration and used
  106  only for the operation, maintenance, land acquisition, and
  107  administration of the state university.
  108         (f) Upon approval by referendum, an oversight board shall
  109  be established to review and accept or amend expenditures of the
  110  proceeds of the surtax and to review the plan prepared by the
  111  boards of trustees pursuant to paragraph (g). The oversight
  112  board shall meet at least quarterly. Meetings of the oversight
  113  board are public meetings under s. 286.011. Minutes, including a
  114  record of all votes cast, must be maintained for all meetings.
  115         1. The board shall be composed of nine members appointed by
  116  the Governor who are residents of the county and have an
  117  outstanding reputation for professional ability with substantial
  118  professional accomplishment in their fields, as follows:
  119         a. One member from the county’s official economic
  120  development organization that is designated by Enterprise
  121  Florida, Inc.
  122         b. One member with experience in higher education.
  123         c. One member with experience in higher education
  124  management.
  125         d. One member who is a professional engineer.
  126         e. One member who is a certified public accountant licensed
  127  in this state.
  128         f. One member who is an attorney licensed to practice law
  129  in this state.
  130         g. One member with experience in real estate development.
  131         h. One member with experience in finance.
  132         i. One member who is a professional architect.
  133         2. Initial appointments to the oversight board shall be
  134  made by the Governor within 60 days after the passage of the
  135  referendum. Each member shall be appointed for a 4-year term and
  136  may be reappointed. A vacancy on the board shall be filled for
  137  the unexpired portion of the term in the same manner as the
  138  original appointment.
  139         (g) The Florida College System institution board of
  140  trustees and the state university board of trustees shall
  141  annually prepare plans that specify how each board of trustees
  142  intends to allocate and expend the funds for the institutions’
  143  upcoming fiscal year and submit such plans to the oversight
  144  board for approval. All proposed spending plans to be considered
  145  for approval must be presented at a quarterly meeting of the
  146  oversight board and may not be considered for final approval
  147  until the following scheduled quarterly meeting, which shall be
  148  at least 90 days after the previous quarterly meeting.
  149         (h) The annual apportionment of state funds for the support
  150  of a state university and a Florida College System institution
  151  allocated under general law may not be reduced because the
  152  institutions have received funds pursuant to a sales surtax
  153  levied under this subsection.
  154         (i) A surtax imposed under this subsection expires 5 years
  155  after the effective date of the surtax.
  156         (j) A county that levies a surtax under this subsection may
  157  not, for at least 20 years after expiration of the surtax,
  158  propose another referendum for a surtax under this subsection.
  159         Section 2. This act shall take effect upon becoming a law.