THE BILL ITSELF
CS/HB 1077
Funding for Body Cameras
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A bill to be entitled
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An act relating to funding for body cameras; amending
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s. 212.055, F.S.; revising the definition of
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"infrastructure" to include body cameras in certain
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circumstances; providing applicability; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (d) of subsection (2) of section
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212.055, Florida 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
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subsection of this section, irrespective of the duration of the
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levy. Each enactment shall specify the types of counties
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authorized to levy; the rate or rates which may be imposed; the
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maximum length of time the surtax may be imposed, if any; the
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procedure which must be followed to secure voter approval, if
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required; the purpose for which the proceeds may be expended;
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and such other requirements as the Legislature may provide.
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Taxable transactions and administrative procedures shall be as
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provided in s. 212.054.
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(2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
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(d) The proceeds of the surtax authorized by this
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subsection and any accrued interest shall be expended by the
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school district, within the county and municipalities within the
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county, or, in the case of a negotiated joint county agreement,
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within another county, to finance, plan, and construct
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infrastructure; to acquire any interest in land for public
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recreation, conservation, or protection of natural resources or
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to prevent or satisfy private property rights claims resulting
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from limitations imposed by the designation of an area of
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critical state concern; to provide loans, grants, or rebates to
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residential or commercial property owners who make energy
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efficiency improvements to their residential or commercial
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property, if a local government ordinance authorizing such use
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is approved by referendum; or to finance the closure of county-
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owned or municipally owned solid waste landfills that have been
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closed or are required to be closed by order of the Department
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of Environmental Protection. Any use of the proceeds or interest
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for purposes of landfill closure before July 1, 1993, is
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ratified. The proceeds and any interest may not be used for the
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operational expenses of infrastructure, except that a county
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that has a population of fewer than 75,000 and that is required
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to close a landfill may use the proceeds or interest for long-
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term maintenance costs associated with landfill closure.
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Counties, as defined in s. 125.011, and charter counties may, in
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addition, use the proceeds or interest to retire or service
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indebtedness incurred for bonds issued before July 1, 1987, for
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infrastructure purposes, and for bonds subsequently issued to
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refund such bonds. Any use of the proceeds or interest for
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purposes of retiring or servicing indebtedness incurred for
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refunding bonds before July 1, 1999, is ratified.
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1. For the purposes of this paragraph, the term
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"infrastructure" means:
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a. Any fixed capital expenditure or fixed capital outlay
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associated with the construction, reconstruction, or improvement
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of public facilities that have a life expectancy of 5 or more
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years, any related land acquisition, land improvement, design,
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and engineering costs, and all other professional and related
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costs required to bring the public facilities into service. For
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purposes of this sub-subparagraph, the term "public facilities"
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means facilities as defined in s. 163.3164(41), s. 163.3221(13),
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or s. 189.012(5), and includes facilities that are necessary to
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carry out governmental purposes, including, but not limited to,
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fire stations, general governmental office buildings, and animal
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shelters, regardless of whether the facilities are owned by the
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local taxing authority or another governmental entity.
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b. A fire department vehicle, an emergency medical service
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vehicle, a sheriff's office vehicle, a police department
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vehicle, or any other vehicle, and the equipment necessary to
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outfit the vehicle for its official use or equipment that has a
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life expectancy of at least 5 years.
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c. Any expenditure for the construction, lease, or
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maintenance of, or provision of utilities or security for,
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facilities, as defined in s. 29.008.
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d. Any fixed capital expenditure or fixed capital outlay
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associated with the improvement of private facilities that have
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a life expectancy of 5 or more years and that the owner agrees
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to make available for use on a temporary basis as needed by a
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local government as a public emergency shelter or a staging area
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for emergency response equipment during an emergency officially
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declared by the state or by the local government under s.
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252.38. Such improvements are limited to those necessary to
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comply with current standards for public emergency evacuation
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shelters. The owner must enter into a written contract with the
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local government providing the improvement funding to make the
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private facility available to the public for purposes of
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emergency shelter at no cost to the local government for a
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minimum of 10 years after completion of the improvement, with
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the provision that the obligation will transfer to any
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subsequent owner until the end of the minimum period.
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e. Any land acquisition expenditure for a residential
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housing project in which at least 30 percent of the units are
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affordable to individuals or families whose total annual
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household income does not exceed 120 percent of the area median
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income adjusted for household size, if the land is owned by a
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local government or by a special district that enters into a
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written agreement with the local government to provide such
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housing. The local government or special district may enter into
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a ground lease with a public or private person or entity for
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nominal or other consideration for the construction of the
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residential housing project on land acquired pursuant to this
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sub-subparagraph.
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f. Instructional technology used solely in a school
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district's classrooms. As used in this sub-subparagraph, the
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term "instructional technology" means an interactive device that
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assists a teacher in instructing a class or a group of students
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and includes the necessary hardware and software to operate the
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interactive device. The term also includes support systems in
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which an interactive device may mount and is not required to be
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affixed to the facilities.
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g. Equipment, software, and storage necessary to allow a
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law enforcement agency to begin, or continue, the use of body
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cameras under s. 943.1718.
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2. For the purposes of this paragraph, the term "energy
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efficiency improvement" means any energy conservation and
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efficiency improvement that reduces consumption through
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conservation or a more efficient use of electricity, natural
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gas, propane, or other forms of energy on the property,
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including, but not limited to, air sealing; installation of
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insulation; installation of energy-efficient heating, cooling,
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or ventilation systems; installation of solar panels; building
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modifications to increase the use of daylight or shade;
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replacement of windows; installation of energy controls or
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energy recovery systems; installation of electric vehicle
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charging equipment; installation of systems for natural gas fuel
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as defined in s. 206.9951; and installation of efficient
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lighting equipment.
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3. Notwithstanding any other provision of this subsection,
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a local government infrastructure surtax imposed or extended
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after July 1, 1998, may allocate up to 15 percent of the surtax
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proceeds for deposit into a trust fund within the county's
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accounts created for the purpose of funding economic development
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projects having a general public purpose of improving local
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economies, including the funding of operational costs and
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incentives related to economic development. The ballot statement
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must indicate the intention to make an allocation under the
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authority of this subparagraph.
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4. Surtax revenues that are shared with eligible charter
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schools pursuant to paragraph (c) shall be allocated among such
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schools based on each school's proportionate share of total
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school district capital outlay full-time equivalent enrollment
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as adopted by the education estimating conference established in
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s. 216.136. Surtax revenues must be expended by the charter
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school in a manner consistent with the allowable uses provided
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in s. 1013.62(4). All revenues and expenditures shall be
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accounted for in a charter school's monthly or quarterly
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financial statement pursuant to s. 1002.33(9). If a school's
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charter is not renewed or is terminated and the school is
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dissolved under the provisions of law under which the school was
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organized, any unencumbered funds received under this paragraph
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shall revert to the sponsor.
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Section 2. The additional uses of surtax proceeds
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authorized by the amendments made by this act to s.
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212.055(2)(d), Florida Statutes, may apply to a surtax in effect
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on July 1, 2026, only to the extent such use was authorized in
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the original referendum adopting the surtax or is authorized
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pursuant to a subsequent resolution conditioned to take effect
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only upon approval of a majority vote of the electors of the
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county voting in a referendum.
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Section 3. This act shall take effect July 1, 2026.