Senate Bill 1536e1

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    CS for SB 1536                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to revenue sharing with

  3         municipal governments; amending s. 210.20,

  4         F.S.; eliminating transfers of net cigarette

  5         tax collections to the Municipal Financial

  6         Assistance Trust Fund and Revenue Sharing Trust

  7         Fund for Municipalities; amending s. 212.20,

  8         F.S.; authorizing a distribution to the Revenue

  9         Sharing Trust Fund for Municipalities; amending

10         s. 288.1169, F.S.; revising a cross reference,

11         to conform; repealing s. 200.132, F.S.,

12         relating to the Municipal Financial Assistance

13         Trust Fund; amending s. 11.45, F.S.; revising a

14         reference, to conform; providing an effective

15         date.

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

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19         Section 1.  Paragraph (a) of subsection (2) of section

20  210.20, Florida Statutes, is amended to read:

21         210.20  Employees and assistants; distribution of

22  funds.--

23         (2)  As collections are received by the division from

24  such cigarette taxes, it shall pay the same into a trust fund

25  in the State Treasury designated "Cigarette Tax Collection

26  Trust Fund" which shall be paid and distributed as follows:

27         (a)  The division shall from month to month certify to

28  the Comptroller the amount derived from the cigarette tax

29  imposed by s. 210.02, less the service charges provided for in

30  s. 215.20 and less 0.9 percent of the amount derived from the

31  cigarette tax imposed by s. 210.02, which shall be deposited


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    CS for SB 1536                                 First Engrossed



  1  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

  2  the amounts to be transferred from the Cigarette Tax

  3  Collection Trust Fund and credited on the basis of 5.8 percent

  4  of the net collections to the Municipal Financial Assistance

  5  Trust Fund, 32.4 percent of the net collections to the Revenue

  6  Sharing Trust Fund for Municipalities, 2.9 percent of the net

  7  collections to the Revenue Sharing Trust Fund for Counties,

  8  and 29.3 percent of the net collections for the funding of

  9  indigent health care to the Public Medical Assistance Trust

10  Fund.

11         Section 2.  Paragraph (f) of subsection (6) of section

12  212.20, Florida Statutes, is amended to read:

13         212.20  Funds collected, disposition; additional powers

14  of department; operational expense; refund of taxes

15  adjudicated unconstitutionally collected.--

16         (6)  Distribution of all proceeds under this chapter

17  shall be as follows:

18         (f)  The proceeds of all other taxes and fees imposed

19  pursuant to this chapter shall be distributed as follows:

20         1.  In any fiscal year, the greater of $500 million,

21  minus an amount equal to 4.6 percent of the proceeds of the

22  taxes collected pursuant to chapter 201, or 5 percent of all

23  other taxes and fees imposed pursuant to this chapter shall be

24  deposited in monthly installments into the General Revenue

25  Fund.

26         2.  Two-tenths of one percent shall be transferred to

27  the Solid Waste Management Trust Fund.

28         3.  After the distribution under subparagraphs 1. and

29  2., 9.653 percent of the amount remitted by a sales tax dealer

30  located within a participating county pursuant to s. 218.61

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    CS for SB 1536                                 First Engrossed



  1  shall be transferred into the Local Government Half-cent Sales

  2  Tax Clearing Trust Fund.

  3         4.  After the distribution under subparagraphs 1., 2.,

  4  and 3., 0.054 percent shall be transferred to the Local

  5  Government Half-cent Sales Tax Clearing Trust Fund and

  6  distributed pursuant to s. 218.65.

  7         5.  For proceeds received after July 1, 2000, and after

  8  the distributions under subparagraphs 1., 2., 3., and 4.,

  9  1.0715 percent of the available proceeds pursuant to this

10  paragraph shall be transferred monthly to the Revenue Sharing

11  Trust Fund for Municipalities pursuant to s. 218.215. If the

12  total revenue to be distributed pursuant to this subparagraph

13  is at least as great as the amount due from the Revenue

14  Sharing Trust Fund for Municipalities and the Municipal

15  Financial Trust Fund in state fiscal year 1999-2000, no

16  municipality shall receive less than the amount due from the

17  Revenue Sharing Trust Fund for Municipalities and the

18  Municipal Financial Trust Fund in state fiscal year 1999-2000.

19  If the total proceeds to be distributed are less than the

20  amount received in combination from the Revenue Sharing Trust

21  Fund for Municipalities and the Municipal Financial Trust Fund

22  in state fiscal year 1999-2000, each municipality shall

23  receive an amount proportionate to the amount it was due in

24  state fiscal year 1999-2000.

25         6.5.  Of the remaining proceeds:

26         a.  One hundred sixty-six thousand six hundred and

27  sixty-seven dollars Beginning July 1, 1992, $166,667 shall be

28  distributed monthly by the department to each applicant that

29  has been certified as a "facility for a new professional

30  sports franchise" or a "facility for a retained professional

31  sports franchise" pursuant to s. 288.1162 and $41,667 shall be


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    CS for SB 1536                                 First Engrossed



  1  distributed monthly by the department to each applicant that

  2  has been certified as a "new spring training franchise

  3  facility" pursuant to s. 288.1162. Distributions shall begin

  4  60 days following such certification and shall continue for 30

  5  years. Nothing contained herein shall be construed to allow an

  6  applicant certified pursuant to s. 288.1162 to receive more in

  7  distributions than actually expended by the applicant for the

  8  public purposes provided for in s. 288.1162(7). However, a

  9  certified applicant shall receive distributions up to the

10  maximum amount allowable and undistributed under this section

11  for additional renovations and improvements to the facility

12  for the franchise without additional certification.

13         b.  Beginning 30 days after notice by the Office of

14  Tourism, Trade, and Economic Development to the Department of

15  Revenue that an applicant has been certified as the

16  professional golf hall of fame pursuant to s. 288.1168 and is

17  open to the public, $166,667 shall be distributed monthly, for

18  up to 300 months, to the applicant.

19         c.  Beginning 30 days after notice by the Department of

20  Commerce to the Department of Revenue that the applicant has

21  been certified as the International Game Fish Association

22  World Center facility pursuant to s. 288.1169, and the

23  facility is open to the public, $83,333 shall be distributed

24  monthly, for up to 180 months, to the applicant.  This

25  distribution is subject to reduction pursuant to s. 288.1169.

26         7.6.  All other proceeds shall remain with the General

27  Revenue Fund.

28         Section 3.  Subsection (6) of section 288.1169, Florida

29  Statutes, is amended to read:

30         288.1169  International Game Fish Association World

31  Center facility; department duties.--


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    CS for SB 1536                                 First Engrossed



  1         (6)  The Department of Commerce must recertify every 10

  2  years that the facility is open, that the International Game

  3  Fish Association World Center continues to be the only

  4  international administrative headquarters, fishing museum, and

  5  Hall of Fame in the United States recognized by the

  6  International Game Fish Association, and that the project is

  7  meeting the minimum projections for attendance or sales tax

  8  revenues as required at the time of original certification.

  9  If the facility is not recertified during this 10-year review

10  as meeting the minimum projections, then funding will be

11  abated until certification criteria are met.  If the project

12  fails to generate $1 million of annual revenues pursuant to

13  paragraph (2)(e), the distribution of revenues pursuant to s.

14  212.20(6)(f)6.5.c. shall be reduced to an amount equal to

15  $83,333 multiplied by a fraction, the numerator of which is

16  the actual revenues generated and the denominator of which is

17  $1 million.  Such reduction shall remain in effect until

18  revenues generated by the project in a 12-month period equal

19  or exceed $1 million.

20         Section 4.  Section 200.132, Florida Statutes, is

21  repealed.

22         Section 5.  Paragraph (b) of subsection (3) of section

23  11.45, Florida Statutes, is amended to read:

24         11.45  Definitions; duties; audits; reports.--

25         (3)

26         (b)  The Legislative Auditing Committee shall direct

27  the Auditor General to make a financial audit of any

28  municipality whenever petitioned to do so by at least 20

29  percent of the electors of that municipality.  The supervisor

30  of elections of the county in which the municipality is

31  located shall certify whether or not the petition contains the


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    CS for SB 1536                                 First Engrossed



  1  signatures of at least 20 percent of the electors of the

  2  municipality. After the completion of the audit, the Auditor

  3  General shall determine whether the municipality has the

  4  fiscal resources necessary to pay the cost of the audit. The

  5  municipality shall pay the cost of the audit within 90 days

  6  after the Auditor General's determination that the

  7  municipality has the available resources. If the municipality

  8  fails to pay the cost of the audit, the Department of Revenue

  9  shall, upon certification of the Auditor General, withhold

10  from that portion of the distribution pursuant to s.

11  212.20(6)(f)5. municipal financial assistance trust fund for

12  municipalities which is derived from the cigarette tax imposed

13  under chapter 210, and which is distributable to such

14  municipality, a sum sufficient to pay the cost of the audit

15  and shall deposit that sum into the General Revenue Fund of

16  the state.

17         Section 6.  This act shall take effect July 1, 2000.

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