HOUSE AMENDMENT
                                       Bill No. CS/HBs 1617 & 1487
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Sorensen offered the following:
12  
13         Amendment to Amendment (925427) (with title amendment) 
14         On page 53, between lines 3 and 4, of the amendment
15  
16  insert:  
17         Section 15.  Effective January 1, 2003, section
18  163.325, Florida Statutes, is created to read:
19         163.325  Local government infrastructure financial
20  assistance.--
21         (1)  The purpose of this section is to facilitate the
22  use of existing federal, state, and local financial resources
23  by providing local governments with financial assistance to
24  address local infrastructure needs.  These funds may be used
25  for public education facilities; for joint-use facilities; to
26  revitalize existing infrastructure within a downtown business
27  center; or to expedite a county or municipal infrastructure
28  project.
29         (2)  For the purposes of this section:
30         (a)  "Bonds" means bonds, certificates, or other
31  obligations of indebtedness issued by the Florida Local
                                  1
    File original & 9 copies    04/26/01                          
    hca0002                     11:00 am         01617-0120-200655

HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 Government Infrastructure Financing Corporation under this 2 section and s. 163.3251. 3 (b) "Corporation" means the Florida Local Government 4 Infrastructure Financing Corporation. 5 (c) "Local government" means a county or municipality. 6 (3)(a) The department may provide financial assistance 7 through any program authorized under this section, including, 8 but not limited to, making loans, providing loan guarantees, 9 purchasing loan insurance or other credit enhancements, and 10 buying or refinancing local debt. This financial assistance 11 shall be administered in accordance with this section. The 12 department shall administer all programs operated from funds 13 secured through the activities of the Florida Local Government 14 Infrastructure Financing Corporation under s. 163.3251 to 15 fulfill the purposes of this section. 16 (b) The department may make, or request the 17 corporation to make, loans to local governments, which local 18 governments may pledge any revenue available to them to repay 19 any funds borrowed. 20 (c) The department shall administer financial 21 assistance so that at least 15 percent of the funding made 22 available each year under this section is reserved for use by 23 small communities during the year it is reserved. 24 (4) The department shall prepare an annual report 25 detailing the amount loaned, interest earned, and loans 26 outstanding at the end of each fiscal year. 27 (5) Prior to approval of financial assistance, the 28 applicant shall: 29 (a) Submit evidence of credit worthiness, loan 30 security, and a loan repayment schedule in support of a 31 request for a loan. 2 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 (b) Provide assurance that records will be kept using 2 generally accepted accounting principles and that the 3 department, the Auditor General, or their agents will have 4 access to all records pertaining to the financial assistance 5 provided. 6 (c) Provide assurance that the subject facilities, 7 systems, or activities will be properly operated and 8 maintained. 9 (d) Identify the revenues to be pledged and document 10 their sufficiency for loan repayment and pledged revenue 11 coverage in support of a request for a loan. 12 (e) Provide assurance that financial information will 13 be provided as required by the department. 14 (f) Submit project planning documentation 15 demonstrating a cost comparison of alternative methods, 16 environmental soundness, public participation, and financial 17 feasibility for any proposed project or activity. 18 (g) Submit a certification stating the percentage of 19 its revenues that is allocated for infrastructure needs, the 20 current ad valorem millage levied, and the percentage and 21 amount of any local option surtaxes levied. 22 (6) The department shall adopt a priority system by 23 rule. In developing the priority system, the department shall 24 give priority to projects that: 25 (a) Are located within a sustainable community, urban 26 infill area, urban revitalization area, or blighted area; 27 (b) Have matching local government funds; 28 (c) Are located within a local government that is 29 levying the maximum ad valorem millage rate allowed under s. 30 9, Art. VII of the State Constitution; 31 (d) Are located within a local government where 3 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 constitutional officers' expenses are greater than 75 percent 2 of the local government's budget; or 3 (e) Are located within a local government where more 4 than 30 percent of the local government's revenues are 5 allocated to infrastructure needs. 6 (7) If a local government becomes delinquent on its 7 loan, the department shall so certify to the Chief Financial 8 Officer, who shall forward the amount delinquent to the 9 department from any unobligated funds due to the local 10 government under any revenue-sharing or tax-sharing fund 11 established by the state, except as otherwise provided by the 12 State Constitution. Certification of delinquency shall not 13 limit the department from pursuing other remedies available 14 for default on a loan. The department may impose a penalty 15 for delinquent loan payments in an amount not to exceed an 16 interest rate of 18 percent per annum on the amount due, in 17 addition to charging the cost to handle and process the debt. 18 Penalty interest shall accrue on any amount due and payable 19 beginning on the 30th day following the date upon which 20 payment is due. 21 (8) Funds for the loans authorized under this section 22 shall be managed as follows: 23 (a) A nonlapsing trust fund with revolving loan 24 provisions to be known as the "Local Government Infrastructure 25 Revolving Loan Trust Fund" shall be established in the State 26 Treasury prior to January 1, 2003, to be used as a revolving 27 fund by the department to carry out the purposes of this 28 section. Any funds therein which are not needed on an 29 immediate basis for loans may be invested pursuant to s. 30 215.49. The cost of administering the program shall be paid 31 from reasonable service fees that may be imposed upon loans, 4 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 and from proceeds from the sale of loans as permitted by 2 federal law so as to enhance program perpetuity. Investment 3 earnings thereon shall be deposited into the trust fund. 4 Proceeds from the sale of loans shall be deposited into the 5 trust fund. All moneys available in the trust fund, including 6 investment earnings, are designated to carry out the purpose 7 of this section. The principal and interest payments of all 8 loans held by the trust fund shall be deposited in the trust 9 fund. 10 (b) The department may obligate moneys available in 11 the trust fund for payment of amounts payable under any 12 service contract entered into by the department under s. 13 163.3251, subject to annual appropriation by the Legislature. 14 Amounts on deposit in the trust fund in each fiscal year shall 15 first be applied or allocated for the repayment of amounts 16 payable by the department under this paragraph and 17 appropriated each year by the Legislature before making or 18 providing for other disbursement from the trust fund. 19 (c) Under the provisions of s. 19(f)(3), Art. III of 20 the State Constitution, the Local Government Infrastructure 21 Revolving Loan Trust Fund shall be exempt from the termination 22 provisions of s. 19(f)(2), Art. III of the State Constitution. 23 (9) The department may adopt rules regarding program 24 administration; project eligibilities and priorities, 25 including the development and management of project priority 26 lists; financial assistance application requirements 27 associated with planning, design, construction, and 28 implementation activities, including environmental and 29 engineering requirements; financial assistance agreement 30 conditions; disbursement and repayment provisions; auditing 31 provisions; program exceptions; the procedural and contractual 5 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 relationship between the department and the corporation under 2 s. 163.3251; and other provisions consistent with the purposes 3 of this section. 4 Section 16. Effective January 1, 2003, section 5 163.3251, Florida Statutes, is created to read: 6 163.3251 Florida Local Government Infrastructure 7 Financing Corporation.-- 8 (1) The Florida Local Government Infrastructure 9 Financing Corporation is created as a nonprofit public benefit 10 corporation for the purpose of financing or refinancing the 11 costs of local government infrastructure projects and 12 activities described in s. 163.325. The projects and 13 activities described in that section are found to constitute a 14 public governmental purpose and be necessary for the health, 15 safety, and welfare of all residents. The fulfillment of the 16 purposes of the corporation promotes the health, safety, and 17 welfare of the people of the state and serves essential 18 governmental functions and a paramount public purpose. The 19 activities of the corporation are specifically limited to 20 assisting the department in implementing financing activities 21 to provide funding for the programs authorized by s. 163.325. 22 All other activities relating to the purposes for which the 23 corporation raises funds are the responsibility of the 24 department, including, but not limited to, development of 25 program criteria, review of applications for financial 26 assistance, decisions relating to the number and amount of 27 loans, and enforcement of the terms of any financial 28 assistance agreements provided through funds raised by the 29 corporation. The corporation shall terminate upon fulfillment 30 of the purposes of this section. 31 (2) The corporation shall be governed by a board of 6 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 directors consisting of the Governor's budget director or the 2 budget director's designee, the Chief Financial Officer or the 3 Chief Financial Officer's designee, and the Secretary of 4 Community Affairs or the secretary's designee. The executive 5 director of the State Board of Administration shall be the 6 chief executive officer of the corporation, shall direct and 7 supervise the administrative affairs of the corporation, and 8 shall control, direct, and supervise operation of the 9 corporation. The corporation shall have such other officers 10 as may be determined by the board of directors. 11 (3) The corporation shall have all the powers of a 12 corporate body under the laws of this state to the extent not 13 inconsistent with or restricted by this section, including, 14 but not limited to, the power to: 15 (a) Adopt, amend, and repeal bylaws not inconsistent 16 with this section. 17 (b) Sue and be sued. 18 (c) Adopt and use a common seal. 19 (d) Acquire, purchase, hold, lease, and convey any 20 real and personal property as may be proper or expedient to 21 carry out the purposes of the corporation and this section, 22 and to sell, lease, or otherwise dispose of that property. 23 (e) Elect or appoint and employ such officers, agents, 24 and employees as the corporation considers advisable to 25 operate and manage the affairs of the corporation, which 26 officers, agents, and employees may be officers or employees 27 of the department or the state agencies represented on the 28 board of directors of the corporation. 29 (f) Borrow money and issue notes, bonds, certificates 30 of indebtedness, or other obligations or evidence of 31 indebtedness described in s. 163.325. 7 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 (g) Operate, as specifically directed by the 2 department, any program to provide financial assistance 3 authorized under s. 163.325, which may be funded from any 4 funds received under a service contract with the department, 5 from the proceeds of bonds issued by the corporation, or from 6 any other funding sources obtained by the corporation. 7 (h) Sell all or any portion of the loans issued under 8 s. 163.325 to accomplish the purposes of this section and s. 9 163.325. 10 (i) Make and execute any contracts, trust agreements, 11 and other instruments and agreements necessary or convenient 12 to accomplish the purposes of the corporation and this 13 section. 14 (j) Select, retain, and employ professionals, 15 contractors, or agents, which may include the Division of Bond 16 Finance of the State Board of Administration, as are necessary 17 or convenient to enable or assist the corporation in carrying 18 out its purposes and this section. 19 (k) Do any act or thing necessary or convenient to 20 carry out the purposes of the corporation and this section. 21 (4) The corporation shall evaluate all financial and 22 market conditions necessary and prudent for the purpose of 23 making sound, financially responsible, and cost-effective 24 decisions in order to secure additional funds to fulfill the 25 purposes of this section and s. 163.325. 26 (5) The corporation may enter into one or more service 27 contracts with the department under which the corporation 28 shall provide services to the department in connection with 29 financing the functions, projects, and activities provided for 30 in s. 163.325. The department may enter into one or more 31 service contracts with the corporation and provide for 8 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 payments under those contracts pursuant to s. 163.325, subject 2 to annual appropriation by the Legislature. The service 3 contracts may provide for the transfer of all or a portion of 4 the funds in the Local Government Infrastructure Revolving 5 Loan Trust Fund to the corporation for use by the corporation 6 for costs incurred by the corporation in its operations, 7 including, but not limited to, payment of debt service, 8 reserves, or other costs in relation to bonds issued by the 9 corporation, for use by the corporation at the request of the 10 department to directly provide the types of local financial 11 assistance provided for by s. 163.325, or for payment of the 12 administrative costs of the corporation. The department shall 13 not transfer funds under any service contract with the 14 corporation without specific appropriation for such purpose in 15 the General Appropriations Act, except for administrative 16 expenses incurred by the State Board of Administration or 17 other expenses necessary under documents authorizing or 18 securing previously issued bonds of the corporation. The 19 service contracts may also provide for the assignment or 20 transfer to the corporation of any loans made by the 21 department. The service contracts may establish the operating 22 relationship between the department and the corporation and 23 shall require the department to request the corporation to 24 issue bonds before any issuance of bonds by the corporation, 25 to take any actions necessary to enforce the agreements 26 entered into between the corporation and other parties, and to 27 take all other actions necessary to assist the corporation in 28 its operations. In compliance with s. 287.0641 and other 29 applicable provisions of law, the obligations of the 30 department under the service contracts do not constitute a 31 general obligation of the state or a pledge of the faith and 9 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 credit or taxing power of the state, nor may the obligations 2 be construed in any manner as an obligation of the State Board 3 of Administration or entities for which it invests funds, or 4 of the department except as provided in this section as 5 payable solely from amounts available under any service 6 contract between the corporation and the department, subject 7 to appropriation. In compliance with this subsection and s. 8 287.0582, service contracts must expressly include the 9 following statement: "The State of Florida's performance and 10 obligation to pay under this contract is contingent upon an 11 annual appropriation by the Legislature." 12 (6) The corporation may issue and incur notes, bonds, 13 certificates of indebtedness, or other obligations or 14 evidences of indebtedness payable from and secured by amounts 15 received from payment of loans and other moneys received by 16 the corporation, including, but not limited to, amounts 17 payable to the corporation by the department under a service 18 contract entered into under subsection (5). The corporation 19 shall not issue bonds in excess of an amount authorized by 20 general law or an appropriations act except to refund 21 previously issued bonds. The proceeds of the bonds may be 22 used for the purpose of providing funds for projects and 23 activities provided for under subsection (1) or for refunding 24 bonds previously issued by the corporation. The corporation 25 may select a financing team and issue obligations through 26 competitive bidding or negotiated contracts, whichever is most 27 cost-effective. Any such indebtedness of the corporation does 28 not constitute a debt or obligation of the state or a pledge 29 of the faith and credit or taxing power of the state. 30 (7) The corporation is exempt from taxation and 31 assessments of any nature whatsoever upon its income and any 10 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 property, assets, or revenues acquired, received, or used in 2 the furtherance of the purposes provided by s. 163.325. The 3 obligations of the corporation incurred under subsection (6) 4 and the interest and income on the obligations and all 5 security agreements, letters of credit, liquidity facilities, 6 or other obligations or instruments arising out of, entered 7 into in connection with, or given to secure payment of the 8 obligations are exempt from all taxation; however, this 9 exemption does not apply to any tax imposed by chapter 220 on 10 the interest, income, or profits on debt obligations owned by 11 corporations. 12 (8) The corporation shall validate any bonds issued 13 under this section, except refunding bonds, which may be 14 validated at the option of the corporation, by proceedings 15 under chapter 75. The validation complaint shall be filed 16 only in the Circuit Court for Leon County. The notice 17 required under s. 75.06 shall be published in Leon County, and 18 the complaint and order of the circuit court shall be served 19 only on the State Attorney for the Second Judicial Circuit. 20 Sections 75.04(2) and 75.06(2) do not apply to a validation 21 complaint filed as authorized by this subsection. The 22 validation of the first bonds issued under this section may be 23 appealed to the Supreme Court, and the appeal shall be handled 24 on an expedited basis. 25 (9) The corporation and the department shall not take 26 any action that will materially and adversely affect the 27 rights of holders of any obligations issued under this section 28 as long as the obligations are outstanding. 29 (10) The corporation is not a special district for 30 purposes of chapter 189 or a unit of local government for 31 purposes of part III of chapter 218. The provisions of 11 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 chapters 120 and 215, except the limitation on interest rates 2 provided by s. 215.84, which applies to obligations of the 3 corporation issued under this section, and the provisions of 4 part I of chapter 287, except ss. 287.0582 and 287.0641, do 5 not apply to this section, the corporation created by this 6 section, the service contracts entered into under this 7 section, or debt obligations issued by the corporation as 8 provided by this section. 9 (11) The benefits or earnings of the corporation may 10 not inure to the benefit of any private person, except persons 11 receiving loans under s. 163.325. 12 (12) Upon dissolution of the corporation, title to all 13 property owned by the corporation reverts to the department. 14 (13) The corporation may contract with the State Board 15 of Administration to serve as trustee with respect to debt 16 obligations issued by the corporation as provided by this 17 section; to hold, administer, and invest proceeds of those 18 debt obligations and other funds of the corporation; and to 19 perform other services required by the corporation. The State 20 Board of Administration may perform those services and may 21 contract with others to provide all or a part of those 22 services and to recover the costs and expenses of providing 23 those services. 24 (14) The Auditor General may conduct a financial audit 25 of the accounts and records of the corporation. 26 Section 17. Effective June 1, 2003, subsection (3) of 27 section 199.292, Florida Statutes, is amended to read: 28 199.292 Disposition of intangible personal property 29 taxes.--All intangible personal property taxes collected 30 pursuant to this chapter shall be placed in a special fund 31 designated as the "Intangible Tax Trust Fund." The fund shall 12 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 be disbursed as follows: 2 (3) Of the remaining intangible personal property 3 taxes collected, 25 percent of the balance shall be 4 transferred to the Local Government Infrastructure Revolving 5 Loan Trust Fund, and the remaining balance shall be 6 transferred to the General Revenue Fund of the state. 7 Section 18. Section (3) of section 215.211, Florida 8 Statutes, is amended to read: 9 215.211 Service charge; elimination or reduction for 10 specified proceeds.-- 11 (3) Notwithstanding the provisions of s. 215.20(1), 12 the service charge provided in s. 215.20(1), which is deducted 13 from the proceeds of the local option fuel tax distributed 14 under s. 336.025, shall be eliminated June 1, 2003. reduced as 15 follows: 16 (a) For the period July 1, 2005, through June 30, 17 2006, the rate of the service charge shall be 3.5 percent. 18 (b) Beginning July 1, 2006, and thereafter, no service 19 charge shall be deducted from the proceeds of the local option 20 fuel tax distributed under s. 336.025. 21 22 The increased revenues derived from this subsection shall be 23 deposited in the State Transportation Trust Fund and used to 24 fund the County Incentive Grant Program and the Small County 25 Outreach Program. Up to 20 percent of such funds shall be used 26 for the purpose of implementing the Small County Outreach 27 Program as provided in this act. Notwithstanding any other 28 laws to the contrary, the requirements of ss. 339.135, 29 339.155, and 339.175 shall not apply to these funds and 30 programs. 31 Section 19. Effective June 1, 2003, paragraph (c) of 13 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 subsection (1) and subsection (2) of section 336.021, Florida 2 Statutes, are amended to read: 3 336.021 County transportation system; levy of 4 ninth-cent fuel tax on motor fuel and diesel fuel.-- 5 (1) 6 (c) Local option taxes collected on sales or use of 7 diesel fuel in this state shall be distributed in the 8 following manner: 9 1. The fiscal year of July 1, 1995, through June 30, 10 1996, shall be the base year for all distributions. 11 2. Each year the tax collected, less the deduction 12 provided for in paragraph (2)(b), the service and 13 administrative charges enumerated in s. 215.20, and the 14 allowances allowed under s. 206.91, on the number of gallons 15 reported, up to the total number of gallons reported in the 16 base year, shall be distributed to each county using the 17 distribution percentage calculated for the base year. 18 3. After the distribution of taxes pursuant to 19 subparagraph 2., additional taxes available for distribution 20 shall first be distributed pursuant to this subparagraph. A 21 distribution shall be made to each county in which a qualified 22 new retail station is located. A qualified new retail station 23 is a retail station that began operation after June 30, 1996, 24 and that has sales of diesel fuel exceeding 50 percent of the 25 sales of diesel fuel reported in the county in which it is 26 located during the 1995-1996 state fiscal year. The 27 determination of whether a new retail station is qualified 28 shall be based on the total gallons of diesel fuel sold at the 29 station during each full month of operation during the 30 12-month period ending March 31, divided by the number of full 31 months of operation during those 12 months, and the result 14 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 multiplied by 12. The amount distributed pursuant to this 2 subparagraph to each county in which a qualified new retail 3 station is located shall equal the local option taxes due on 4 the gallons of diesel fuel sold by the new retail station 5 during the year ending March 31, less the service charges 6 enumerated in s. 215.20 and the dealer allowance provided for 7 by s. 206.91. Gallons of diesel fuel sold at the qualified new 8 retail station shall be certified to the department by the 9 county requesting the additional distribution by June 15, 10 1997, and by May 1 in each subsequent year. The certification 11 shall include the beginning inventory, fuel purchases and 12 sales, and the ending inventory for the new retail station for 13 each month of operation during the year, the original purchase 14 invoices for the period, and any other information the 15 department deems reasonable and necessary to establish the 16 certified gallons. The department may review and audit the 17 retail dealer's records provided to a county to establish the 18 gallons sold by the new retail station. Notwithstanding the 19 provisions of this subparagraph, when more than one county 20 qualifies for a distribution pursuant to this subparagraph and 21 the requested distributions exceed the total taxes available 22 for distribution, each county shall receive a prorated share 23 of the moneys available for distribution. 24 4. After the distribution of taxes pursuant to 25 subparagraph 3., all additional taxes available for 26 distribution shall be distributed based on vehicular diesel 27 fuel storage capacities in each county pursuant to this 28 subparagraph. The total vehicular diesel fuel storage capacity 29 shall be established for each fiscal year based on the 30 registration of facilities with the Department of 31 Environmental Protection as required by s. 376.303 for the 15 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 following facility types: retail stations, fuel 2 user/nonretail, state government, local government, and county 3 government. Each county shall receive a share of the total 4 taxes available for distribution pursuant to this subparagraph 5 equal to a fraction, the numerator of which is the storage 6 capacity located within the county for vehicular diesel fuel 7 in the facility types listed in this subparagraph and the 8 denominator of which is the total statewide storage capacity 9 for vehicular diesel fuel in those facility types. The 10 vehicular diesel fuel storage capacity for each county and 11 facility type shall be that established by the Department of 12 Environmental Protection by June 1, 1997, for the 1996-1997 13 fiscal year, and by January 31 for each succeeding fiscal 14 year. The storage capacities so established shall be final. 15 The storage capacity for any new retail station for which a 16 county receives a distribution pursuant to subparagraph 3. 17 shall not be included in the calculations pursuant to this 18 subparagraph. 19 (2)(a) The tax collected by the department pursuant to 20 subsection (1), except for the deduction provided for by 21 paragraph (b), shall be transferred to the Ninth-cent Fuel Tax 22 Trust Fund, which fund is created for distribution to the 23 counties pursuant to paragraph (1)(d). The department shall 24 deduct the administrative costs incurred by it in collecting, 25 administering, enforcing, and distributing back to the 26 counties the tax, which administrative costs may not exceed 2 27 percent of collections authorized by this section. The total 28 administrative cost shall be prorated among those counties 29 levying the tax according to the following formula, which 30 shall be revised on July 1 of each year: Two-thirds of the 31 amount deducted shall be based on the county's proportional 16 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 share of the number of dealers who are registered for purposes 2 of chapter 212 on June 30th of the preceding state fiscal 3 year, and one-third of the amount deducted shall be based on 4 the county's share of the total amount of the tax collected 5 during the preceding state fiscal year. The department has the 6 authority to prescribe and publish all forms upon which 7 reports shall be made to it and other forms and records deemed 8 to be necessary for proper administration and collection of 9 the tax levied by any county and shall adopt rules necessary 10 to enforce this section, which rules shall have the full force 11 and effect of law. The provisions of ss. 206.026, 206.027, 12 206.028, 206.051, 206.052, 206.054, 206.055, 206.06, 206.07, 13 206.075, 206.08, 206.09, 206.095, 206.10, 206.11, 206.12, 14 206.13, 206.14, 206.15, 206.16, 206.17, 206.175, 206.18, 15 206.199, 206.20, 206.204, 206.205, 206.21, 206.215, 206.22, 16 206.24, 206.27, 206.28, 206.41, 206.416, 206.44, 206.45, 17 206.48, 206.49, 206.56, 206.59, 206.626, 206.87, 206.872, 18 206.873, 206.8735, 206.874, 206.8741, 206.8745, 206.94, and 19 206.945 shall, as far as practicable, be applicable to the 20 levy and collection of the tax imposed pursuant to this 21 section as if fully set out in this section. 22 (b) Notwithstanding any provision to the contrary, the 23 department shall transfer 7 percent of the tax collected 24 pursuant to subsection (1) to the Local Government 25 Infrastructure Revolving Loan Trust Fund, to be used for 26 purposes provided for in s. 163.325. 27 (c)(b) The provisions of s. 206.43(7) shall apply to 28 the incorrect reporting of the tax levied under this section. 29 30 31 17 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 112, line 15, after "judicial review" of the 4 amendment 5 6 insert: 7 creating s. 163.325, F.S.; providing 8 definitions; authorizing the department to 9 provide specified types of financial assistance 10 to local governments for infrastructure needs 11 and providing requirements with respect 12 thereto; requiring an annual report; providing 13 application requirements; directing the 14 department to adopt a priority system; 15 providing penalties for delinquent loans; 16 providing for management of loan funds; 17 providing that a Local Government 18 Infrastructure Revolving Loan Trust Fund shall 19 be established and providing requirements with 20 respect thereto; providing for rules; creating 21 s. 163.3251, F.S.; creating the Florida Local 22 Government Infrastructure Financing Corporation 23 to assist the department in implementing 24 financing activities and provide funding for 25 such financial assistance; providing for 26 termination of the corporation; providing for a 27 board of directors; providing powers and duties 28 of the corporation; providing requirements with 29 respect to service contracts with the 30 department; authorizing issuance of bonds and 31 other obligations; providing an exemption from 18 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655
HOUSE AMENDMENT Bill No. CS/HBs 1617 & 1487 Amendment No. ___ (for drafter's use only) 1 taxation; providing requirements for validating 2 bonds; providing status of the corporation and 3 applicability of laws; providing for contracts 4 with the State Board of Administration; 5 providing for audits; amending s. 199.292, 6 F.S.; providing for deposit of a portion of 7 intangible personal property tax proceeds in 8 the Local Government Infrastructure Revolving 9 Loan Trust Fund; 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 19 File original & 9 copies 04/26/01 hca0002 11:00 am 01617-0120-200655