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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

226952

CHAMBER ACTION

Senate

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House



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Senator Alexander moved the following amendment to amendment

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(844108):

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     Senate Amendment (with title amendment)

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     Between line(s) 36 and 37,

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insert:

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     Section 3.  Subsection (1) of section 212.055, Florida

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Statutes, is amended to read:

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     212.055  Discretionary sales surtaxes; legislative intent;

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authorization and use of proceeds.--It is the legislative intent

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that any authorization for imposition of a discretionary sales

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surtax shall be published in the Florida Statutes as a subsection

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of this section, irrespective of the duration of the levy. Each

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enactment shall specify the types of counties authorized to levy;

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the rate or rates which may be imposed; the maximum length of

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time the surtax may be imposed, if any; the procedure which must

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be followed to secure voter approval, if required; the purpose

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for which the proceeds may be expended; and such other

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requirements as the Legislature may provide. Taxable transactions

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and administrative procedures shall be as provided in s. 212.054.

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     (1) CHARTER COUNTY TRANSPORTATION TRANSIT SYSTEM SURTAX.--

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     (a) Each charter county that has which adopted a charter

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prior to January 1, 1984, and each county the government of which

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is consolidated with that of one or more municipalities, may levy

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a discretionary sales surtax, subject to approval by a majority

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vote of the electorate of the county or by a charter amendment

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approved by a majority vote of the electorate of the county.

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     (b)  The rate shall be up to 1 percent.

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     (c)  The proposal to adopt a discretionary sales surtax as

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provided in this subsection and to create a trust fund within the

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county accounts shall be placed on the ballot in accordance with

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law at a time to be set at the discretion of the governing body.

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     (d)  Proceeds from the surtax shall be applied to as many or

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as few of the uses enumerated below in whatever combination the

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county commission deems appropriate:

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     1.  Deposited by the county in the trust fund and shall be

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used for the purposes of development, construction, equipment,

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maintenance, operation, supportive services, including a

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countywide bus system, and related costs of a fixed guideway

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rapid transit system;

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     2.  Remitted by the governing body of the county to an

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expressway, transit, or transportation authority created by law

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to be used, at the discretion of such authority, for the

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development, construction, operation, or maintenance of roads or

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bridges in the county, for the operation and maintenance of a bus

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system, for the payment of principal and interest on existing

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bonds issued for the construction of such roads or bridges, and,

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upon approval by the county commission, such proceeds may be

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pledged for bonds issued to refinance existing bonds or new bonds

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issued for the construction of such roads or bridges;

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     3.  Used by the charter county for the development,

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construction, operation, and maintenance of roads and bridges in

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the county; for the expansion, operation, and maintenance of bus

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and fixed guideway systems; and for the payment of principal and

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interest on bonds issued for the construction of fixed guideway

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rapid transit systems, bus systems, roads, or bridges; and such

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proceeds may be pledged by the governing body of the county for

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bonds issued to refinance existing bonds or new bonds issued for

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the construction of such fixed guideway rapid transit systems,

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bus systems, roads, or bridges and no more than 25 percent used

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for nontransit uses; and

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     4.  Used by the charter county for the planning,

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development, construction, operation, and maintenance of roads

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and bridges in the county; for the planning, development,

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expansion, operation, and maintenance of bus and fixed guideway

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systems; and for the payment of principal and interest on bonds

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issued for the construction of fixed guideway rapid transit

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systems, bus systems, roads, or bridges; and such proceeds may be

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pledged by the governing body of the county for bonds issued to

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refinance existing bonds or new bonds issued for the construction

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of such fixed guideway rapid transit systems, bus systems, roads,

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or bridges. Pursuant to an interlocal agreement entered into

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pursuant to chapter 163, the governing body of the charter county

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may distribute proceeds from the tax to a municipality, or an

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expressway or transportation authority created by law to be

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expended for the purpose authorized by this paragraph.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 2755, after the first semicolon,

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insert:

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amending s. 212.055, F.S., relating to discretionary sales

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surtaxes; renaming a surtax; expanding the eligibility to

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levy the surtax for transportation systems to all charter

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counties;

5/1/2008  9:49:00 AM     17-09396-08

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

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