Item L3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Aoril18,2001
Division: County Administrator
Bulk Item: Yes
No ---X-
Department: County Administrator
AGENDA ITEM WORDING:
Consideration and appropriate action in response to a request from the Village ofIslamorada for
support of a special legislative act.
ITEM BACKGROUND:
The Village of Islamorada is requesting the Legislature of the State of Florida to pass an act concerning
a discretionary surtax on documents for land acquisition and management. The Village is requesting
support from the County.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval if the Board of County Commissioners determines that an additional tax is necessary for
these activities.
TOTAL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing _ Risk Management _
=:7~"
James L. Roberts
DOCUMENTATION:
Included X
To Follow_ Not Required_
AGENDA ITEM # / L3
DISPOSITION:
MAYOR JAMES MOONEY
VICE MAYOR FRANK R. KULlSKY
COUNCILMAN GEORGE GEISLER
COUNCIIMA..~ MARK GREGG
COUNCIIMA.."J RON LEVY
March 29,2001
Mr. James Roberts, County Administrator
rvforrroe County
5100 College Road
Room 212
Key West, FL 33040
Dear Mr. Roberts:
I am enclosing for your review and appropriate distribution a Special Legislative Act we
have drafted: we are submitting this act to Senator Jones and Representative Sorenson with
hopes for Legislative action this session. Certainly support of this initiative by yourself
and the Monroe County Commission is crucial for favorable consideration.
I am available at your convenience for further discussion should you desire.
Warmest Regards,
t<<~
Charks W,. Baldwin, P .E.
Village Manager
Attachment
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'1~~/VED
C:
Village Mayor and Council
Mayor George Neugent
Jim Harvey
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P.O. Box 568 · ISI.\MOIt\llA, FL 530.~6
50S.6M.2.HS F\X 30S.664.2599 ww\v.islamorada.ll.us
A bill to be entitled an act relating to local government; amending Chapter
201, to create section 201.25, providing discretionary surtax on documents to fund
public land acquisition and management for conservation and recreational purposes
by municipalities or counties in areas of critical state concern; providing for
administration and collection; requiring referendum for levy of the surtax; and
providing an effective date.
Be it Enacted by the Legislature of the State of Florida:
Section 1.
Section 201.25 is created to read:
Section 201.25
Discretionary Surtax On Documents; Land Acquisition And
Management, Adoption; Application Of Revenue
(1) The governing authority of any municipality or county situated within any
area designated as an area of critical state concern pursuant to Chapter 380, is authorized
to levy a discretionary surtax on documents for the purpose of establishing and financing
a Land Acquisition Trust Fund to assist in the acquisition and management of public
lands to be u-sed for conservation and recreation. The rate of the surtax shall not exceed
the rate of one hundred cents for each $100.00 or fractional part thereof of the
consideration therefor. Such surtax shall apply only to those documents taxable under
section 201.02.
(2) The levy ofthe discretionary surtax and the creation of a Land Acquisition
Trust Fund shall be by ordinance adopted by the governing authority, which ordinance
shall set forth the policies and procedures of the land acquisition and management
program.
(3) The governing authority implementing the surtax shall deposit revenues
from the surtax in the Land Acquisition Trust Fund of the applicable municipality or
county, and shall use the revenues only to help finance the acquisition, improvement and
management of such lands, and to pay necessary costs of collection and enforcement of
the surtax.
(4) The surtax authorized by this section, shall not become effective unless
such tax is approved by referendum as provided for in paragraph (6).
(5) The surtax imposed pursuant to this section shall be collected in the same
manner as the discretionary surtax on documents is collected pursuant to section
125.0167.
(6) The surtax authorized by this section shall take effect only upon express
approval by a majority vote of those qualified electors of the municipality or county
implementing this tax, voting in a referendum to be held by the governing board of the
municipality or county in conjunction with a general or special election, in accordance
with the provisions of law relating to elections currently in force.
Coding: Words gtrick0n are deletions; words underlined are additions.
(7) The effective date of the levy and imposition of the tax authorized under
this section shall be the first day of the second month following approval of the ordinance
by referendum or the first day of any subsequent month as may be specified in the
ordinance. A certified copy of the ordinance shall include the time period and the
effective date of tax levy and shall be furnished by the municipality or county to the
Clerk of the Circuit Court and to the Department of Revenue within ten (10) days after
passing an ordinance levying such tax and again, within ten (10) days after approval by
referendum of such tax. The tax authorized by this section, if not repealed sooner by
resolution adopted by four-fifth vote of the governing body which imposed such tax, shall
be repealed ten (10) years after the date the area of critical state concern designation is
removed from the area for which the tax was imposed.
(8) Each municipality or county which levies the surtax shall include in the
financial report required under section 218.32 information showing the revenues and the
expenses of the trust fund for the fiscal year.
Section 2:
This act shall take effect upon becoming a law.
Approved by the Governor
, 2001.
Filed in Office of Secretary of State
,2001.
F:\436001\Land Acquisition and Management re surtax.doc