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Discretionary Sales Surtax <br />Pursuant to Chapter 212, Florida Statutes, as amended, the State, levies and collects <br />a six percent (6%) sales and use tax (the "State Sales Tax") on, among other things, the <br />sales price of each item or article of tangible personal property sold at retail in the State. <br />The largest single source of tax receipts in the State is sales and use tax. <br />In addition to the 6% State Sales Tax, Section 212.055(2), Florida Statutes, <br />authorizes counties to levy a local option discretionary sales surtax of 0.5 percent (0.5%) <br />or 1 percent (I%) on all transactions within a county which are subject to the State Sales <br />Tax (the "Discretionary Sales Surtax"). The Discretionary Sales Surtax is levied pursuant <br />to ordinance enacted by a majority of the members of the board of county commissioners <br />of such county and approved by referendum of the electors of such county. The <br />Discretionary Sales Surtax does not apply to the portion of any sales amount which exceeds <br />$5,000 on any item of tangible personal property. <br />Pursuant to Section 212.055(2)(d), Florida Statutes, the proceeds of any <br />Discretionary Sales Surtax and any accrued interest may be expended to finance, plan and <br />construct infrastructure, to acquire land for public recreation or conservation or protection <br />of natural resources, to provide loans, grants or rebates to property owners who make <br />energy efficiency improvements to their properties and to finance the closure of any <br />county -owned or municipally -owned solid waste landfills that are already closed or are <br />required to close by order of the Department of Environmental Protection. For purposes <br />of the statute, "infrastructure" includes, among certain other things, any fixed capital <br />expenditure or fixed capital outlay associated with the construction, reconstruction or <br />improvement of public facilities which have a life expectancy of five or more years and <br />any related land acquisition, land improvement, design, and engineering costs. Neither the <br />proceeds of a Discretionary Sales Surtax nor any accrued interest may be used for <br />operational expenses of any infrastructure. Counties and municipalities receiving <br />Discretionary Sales Surtax proceeds may also pledge such proceeds for the purpose of <br />servicing new bonded indebtedness incurred pursuant to law. The project(s) to be financed <br />by a Discretionary Sales Surtax must be briefly and generally described in the ordinance <br />and referendum ballot authorizing the levy of the Discretionary Sales Surtax. <br />On February 6, 1989, the Board enacted Ordinance No. 89-06, as supplemented (the <br />"Infrastructure Sales Surtax Ordinance"), which provided for the levy and imposition <br />throughout the incorporated and unincorporated areas of the County, of a one percent <br />Infrastructure Sales Surtax (the "Infrastructure Sales Surtax"), the proceeds of which would <br />be applied to pay the costs of acquisition and construction of various public safety, <br />transportation, public and educational infrastructure projects. On March 14, 1989, a <br />majority of the County's qualified electors voting in the referendum election approved the <br />levy of the Infrastructure Sales Surtax for a period of 15 years to expire on May 31, 2004. <br />On July 2, 2002, the Board enacted Ordinance No. 2002-021, which provided for the <br />extension of the Infrastructure Sales Surtax. On November 5, 2002, a majority of the <br />22 <br />