Florida Senate - 2020                                    SB 1016
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-01504-20                                           20201016__
    1                        A bill to be entitled                      
    2         An act relating to discretionary sales surtaxes;
    3         amending s. 212.055, F.S.; redefining the term
    4         “infrastructure,” for purposes of the local government
    5         infrastructure surtax, to add authorized expenditures
    6         and revise criteria for surtax proceeds used for
    7         certain affordable residential housing; revising
    8         purposes for which a local government or special
    9         district may enter into certain ground leases;
   10         defining the term “residential housing”; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (d) of subsection (2) of section
   16  212.055, Florida Statutes, is amended to read:
   17         212.055 Discretionary sales surtaxes; legislative intent;
   18  authorization and use of proceeds.—It is the legislative intent
   19  that any authorization for imposition of a discretionary sales
   20  surtax shall be published in the Florida Statutes as a
   21  subsection of this section, irrespective of the duration of the
   22  levy. Each enactment shall specify the types of counties
   23  authorized to levy; the rate or rates which may be imposed; the
   24  maximum length of time the surtax may be imposed, if any; the
   25  procedure which must be followed to secure voter approval, if
   26  required; the purpose for which the proceeds may be expended;
   27  and such other requirements as the Legislature may provide.
   28  Taxable transactions and administrative procedures shall be as
   29  provided in s. 212.054.
   30         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
   31         (d) The proceeds of the surtax authorized by this
   32  subsection and any accrued interest shall be expended by the
   33  school district, within the county and municipalities within the
   34  county, or, in the case of a negotiated joint county agreement,
   35  within another county, to finance, plan, and construct
   36  infrastructure; to acquire any interest in land for public
   37  recreation, conservation, or protection of natural resources or
   38  to prevent or satisfy private property rights claims resulting
   39  from limitations imposed by the designation of an area of
   40  critical state concern; to provide loans, grants, or rebates to
   41  residential or commercial property owners who make energy
   42  efficiency improvements to their residential or commercial
   43  property, if a local government ordinance authorizing such use
   44  is approved by referendum; or to finance the closure of county
   45  owned or municipally owned solid waste landfills that have been
   46  closed or are required to be closed by order of the Department
   47  of Environmental Protection. Any use of the proceeds or interest
   48  for purposes of landfill closure before July 1, 1993, is
   49  ratified. The proceeds and any interest may not be used for the
   50  operational expenses of infrastructure, except that a county
   51  that has a population of fewer than 75,000 and that is required
   52  to close a landfill may use the proceeds or interest for long
   53  term maintenance costs associated with landfill closure.
   54  Counties, as defined in s. 125.011, and charter counties may, in
   55  addition, use the proceeds or interest to retire or service
   56  indebtedness incurred for bonds issued before July 1, 1987, for
   57  infrastructure purposes, and for bonds subsequently issued to
   58  refund such bonds. Any use of the proceeds or interest for
   59  purposes of retiring or servicing indebtedness incurred for
   60  refunding bonds before July 1, 1999, is ratified.
   61         1. For the purposes of this paragraph, the term
   62  “infrastructure” means:
   63         a. Any fixed capital expenditure or fixed capital outlay
   64  associated with the construction, reconstruction, or improvement
   65  of public facilities that have a life expectancy of 5 or more
   66  years, any related land acquisition, land improvement, design,
   67  and engineering costs, and all other professional and related
   68  costs required to bring the public facilities into service. For
   69  purposes of this sub-subparagraph, the term “public facilities”
   70  means facilities as defined in s. 163.3164(39), s. 163.3221(13),
   71  or s. 189.012(5), and includes facilities that are necessary to
   72  carry out governmental purposes, including, but not limited to,
   73  fire stations, general governmental office buildings, and animal
   74  shelters, regardless of whether the facilities are owned by the
   75  local taxing authority or another governmental entity.
   76         b. A fire department vehicle, an emergency medical service
   77  vehicle, a sheriff’s office vehicle, a police department
   78  vehicle, or any other vehicle, and the equipment necessary to
   79  outfit the vehicle for its official use or equipment that has a
   80  life expectancy of at least 5 years.
   81         c. Any expenditure for the construction, lease, or
   82  maintenance of, or provision of utilities or security for,
   83  facilities, as defined in s. 29.008.
   84         d. Any fixed capital expenditure or fixed capital outlay
   85  associated with the improvement of private facilities that have
   86  a life expectancy of 5 or more years and that the owner agrees
   87  to make available for use on a temporary basis as needed by a
   88  local government as a public emergency shelter or a staging area
   89  for emergency response equipment during an emergency officially
   90  declared by the state or by the local government under s.
   91  252.38. Such improvements are limited to those necessary to
   92  comply with current standards for public emergency evacuation
   93  shelters. The owner must enter into a written contract with the
   94  local government providing the improvement funding to make the
   95  private facility available to the public for purposes of
   96  emergency shelter at no cost to the local government for a
   97  minimum of 10 years after completion of the improvement, with
   98  the provision that the obligation will transfer to any
   99  subsequent owner until the end of the minimum period.
  100         e. Any expenditure for land acquisition, demolition of
  101  existing structures, or other site preparation, subject to the
  102  following conditions:
  103         (I)The land is used for expenditure for a residential
  104  housing;
  105         (II)project in which At least 30 percent of the units on
  106  the land are affordable to individuals or families whose total
  107  annual household income does not exceed 120 percent of the area
  108  median income adjusted for household size;
  109         (III), if The land is owned by a local government or by a
  110  special district that enters into a written agreement with the
  111  local government to provide such housing; and
  112         (IV)The land is used in accordance with these conditions
  113  for a period of at least 50 years from the date of acquisition.
  114  
  115  The local government or special district may enter into a ground
  116  lease with a public or private person or entity for nominal or
  117  other consideration for the construction, reconstruction,
  118  renovation, recapitalization, or residential occupancy of the
  119  residential housing project on land acquired pursuant to this
  120  sub-subparagraph. As used in this sub-subparagraph, the term
  121  “residential housing” includes, in addition to any housing unit,
  122  any facility ancillary to such housing unit, including a laundry
  123  facility, community room, or child care center.
  124         f. Instructional technology used solely in a school
  125  district’s classrooms. As used in this sub-subparagraph, the
  126  term “instructional technology” means an interactive device that
  127  assists a teacher in instructing a class or a group of students
  128  and includes the necessary hardware and software to operate the
  129  interactive device. The term also includes support systems in
  130  which an interactive device may mount and is not required to be
  131  affixed to the facilities.
  132         2. For the purposes of this paragraph, the term “energy
  133  efficiency improvement” means any energy conservation and
  134  efficiency improvement that reduces consumption through
  135  conservation or a more efficient use of electricity, natural
  136  gas, propane, or other forms of energy on the property,
  137  including, but not limited to, air sealing; installation of
  138  insulation; installation of energy-efficient heating, cooling,
  139  or ventilation systems; installation of solar panels; building
  140  modifications to increase the use of daylight or shade;
  141  replacement of windows; installation of energy controls or
  142  energy recovery systems; installation of electric vehicle
  143  charging equipment; installation of systems for natural gas fuel
  144  as defined in s. 206.9951; and installation of efficient
  145  lighting equipment.
  146         3. Notwithstanding any other provision of this subsection,
  147  a local government infrastructure surtax imposed or extended
  148  after July 1, 1998, may allocate up to 15 percent of the surtax
  149  proceeds for deposit into a trust fund within the county’s
  150  accounts created for the purpose of funding economic development
  151  projects having a general public purpose of improving local
  152  economies, including the funding of operational costs and
  153  incentives related to economic development. The ballot statement
  154  must indicate the intention to make an allocation under the
  155  authority of this subparagraph.
  156         Section 2. This act shall take effect July 1, 2020.