November 22, 2019
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Senate Bill 0470

Senate Bill sb0470

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                   SB 470

    By Senator Argenziano





    3-322-05

  1                      A bill to be entitled

  2         An act relating to the indigent care surtax;

  3         reviving, reenacting, and amending s.

  4         212.055(7), F.S.; allowing small counties

  5         having a specified population to levy an

  6         indigent care surtax; providing procedures;

  7         providing uses of the surtax; providing a

  8         maximum tax rate; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Notwithstanding the repeal scheduled in

13  section 11 of chapter 2000-312, Laws of Florida, subsection

14  (7) of section 212.055, Florida Statutes, shall not stand

15  repealed on October 1, 2005, but is revived, reeanacted, and

16  amended to read:

17         212.055  Discretionary sales surtaxes; legislative

18  intent; authorization and use of proceeds.--It is the

19  legislative intent that any authorization for imposition of a

20  discretionary sales surtax shall be published in the Florida

21  Statutes as a subsection of this section, irrespective of the

22  duration of the levy.  Each enactment shall specify the types

23  of counties authorized to levy; the rate or rates which may be

24  imposed; the maximum length of time the surtax may be imposed,

25  if any; the procedure which must be followed to secure voter

26  approval, if required; the purpose for which the proceeds may

27  be expended; and such other requirements as the Legislature

28  may provide.  Taxable transactions and administrative

29  procedures shall be as provided in s. 212.054.

30         (7)  VOTER-APPROVED INDIGENT CARE SURTAX.--

31  

                                  1

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    Florida Senate - 2005                                   SB 470
    3-322-05




 1         (a)1.  The governing body in each county that has a

 2  population of fewer less than 800,000 residents may levy an

 3  indigent care surtax pursuant to an ordinance conditioned to

 4  take effect only upon approval by a majority vote of the

 5  electors of the county voting in a referendum. The surtax may

 6  be levied at a rate not to exceed 0.5 percent, except that if

 7  a publicly supported medical school is located in the county,

 8  the rate shall not exceed 1 percent.

 9         2.  Notwithstanding subparagraph 1., the governing body

10  of any county that has a population of fewer than 50,000

11  residents may levy an indigent care surtax pursuant to an

12  ordinance conditioned to take effect only upon approval by a

13  majority vote of the electors of the county voting in a

14  referendum. The surtax may be levied at a rate not to exceed 1

15  percent.

16         (b)  A statement that includes a brief and general

17  description of the purposes to be funded by the surtax and

18  that conforms to the requirements of s. 101.161 shall be

19  placed on the ballot by the governing body of the county. The

20  following questions shall be placed on the ballot:

21  

22                     FOR THE. . . .CENTS TAX

23                   AGAINST THE. . . .CENTS TAX

24  

25         (c)1.  The ordinance adopted by the governing body

26  providing for the imposition of the surtax must set forth a

27  plan for providing health care services to qualified

28  residents, as defined in paragraph (d). The plan and

29  subsequent amendments to it shall fund a broad range of health

30  care services for indigent persons and the medically poor,

31  including, but not limited to, primary care and preventive

                                  2

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    Florida Senate - 2005                                   SB 470
    3-322-05




 1  care, as well as hospital care. It shall emphasize a

 2  continuity of care in the most cost-effective setting, taking

 3  into consideration a high quality of care and geographic

 4  access. Where consistent with these objectives, it shall

 5  include, without limitation, services rendered by physicians,

 6  clinics, community hospitals, mental health centers, and

 7  alternative delivery sites, as well as at least one regional

 8  referral hospital where appropriate. It shall provide that

 9  agreements negotiated between the county and providers shall

10  include reimbursement methodologies that take into account the

11  cost of services rendered to eligible patients, recognize

12  hospitals that render a disproportionate share of indigent

13  care, provide other incentives to promote the delivery of

14  charity care, and require cost containment, including, but not

15  limited to, case management. The plan must also include

16  innovative health care programs that provide cost-effective

17  alternatives to traditional methods of service delivery and

18  funding.

19         2.  In addition to the uses specified or services

20  required to be provided under this subsection, the ordinance

21  adopted by a county that has a population of fewer than 50,000

22  residents may pledge surtax proceeds to service new or

23  existing bond indebtedness incurred to finance, plan,

24  construct, or reconstruct a public or not-for-profit hospital

25  in such county and any land acquisition, land improvement,

26  design, or engineering costs related to such hospital, if the

27  governing body of the county determines that a public or

28  not-for-profit hospital existing at the time of issuance of

29  the bonds authorized under this subparagraph would, more

30  likely than not, otherwise cease to operate. The plan required

31  under this paragraph may, by an extraordinary vote of the

                                  3

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    Florida Senate - 2005                                   SB 470
    3-322-05




 1  governing body of such county, provide that some or all of the

 2  surtax revenues and any interest earned must be expended for

 3  the purpose of servicing such bond indebtedness. Such county

 4  may also use the services of the Division of Bond Finance of

 5  the State Board of Administration pursuant to the State Bond

 6  Act to issue bonds under this subparagraph. A jurisdiction may

 7  not issue bonds under this subparagraph more frequently than

 8  once per year. Any county that has a population of fewer than

 9  50,000 residents at the time any bonds authorized in this

10  subparagraph are issued retains the authority granted under

11  this subparagraph throughout the terms of such bonds,

12  including the term of any refinancing bonds, regardless of any

13  subsequent increase in population which would result in such

14  county having 50,000 or more residents.

15         (d)  For the purpose of this subsection, the term

16  "qualified residents" means residents of the authorizing

17  county who are:

18         1.  Qualified as indigent persons as certified by the

19  authorizing county;

20         2.  Certified by the authorizing county as meeting the

21  definition of the medically poor, defined as persons having

22  insufficient income, resources, and assets to provide the

23  needed medical care without using resources required to meet

24  basic needs for shelter, food, clothing, and personal

25  expenses; not being eligible for any other state or federal

26  program or having medical needs that are not covered by any

27  such program; or having insufficient third-party insurance

28  coverage. In all cases, the authorizing county shall serve as

29  the payor of last resort; or

30         3.  Participating in innovative, cost-effective

31  programs approved by the authorizing county.

                                  4

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    Florida Senate - 2005                                   SB 470
    3-322-05




 1         (e)  Moneys collected pursuant to this subsection

 2  remain the property of the state and shall be distributed by

 3  the Department of Revenue on a regular and periodic basis to

 4  the clerk of the circuit court as ex officio custodian of the

 5  funds of the authorizing county. The clerk of the circuit

 6  court shall:

 7         1.  Maintain the moneys in an indigent health care

 8  trust fund.

 9         2.  Invest any funds held on deposit in the trust fund

10  pursuant to general law.

11         3.  Disburse the funds, including any interest earned,

12  to any provider of health care services, as provided in

13  paragraphs (c) and (d), upon directive from the authorizing

14  county.

15         4.  Disburse the funds, including any interest earned,

16  to service any bond indebtedness authorized in this subsection

17  upon directive from the authorizing county, which directive

18  may be irrevocably given at the time the bond indebtedness is

19  incurred.

20         (f)  Notwithstanding any other provision of this

21  section, a county may not levy local option sales surtaxes

22  authorized in this subsection and subsections (2) and (3) in

23  excess of a combined rate of 1 percent or, if a publicly

24  supported medical school is located in the county or the

25  county has a population of fewer than 50,000 residents, in

26  excess of a combined rate of 1.5 percent.

27         Section 2.  This act shall take effect upon becoming a

28  law.

29  

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    Florida Senate - 2005                                   SB 470
    3-322-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Allows small counties having a population of fewer than
      50,000 residents to levy an indigent care surtax.
 4    Provides procedures. Provides uses of the surtax.
      Provides a maximum tax rate.
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