HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Diaz-Balart, Rubio, Wilson,
12 Bendross-Mindingall, Holloway, and Brutus offered the
13 following:
14
15 Amendment to Amendment (402018) (with title amendment)
16 On page 1, line 15
17
18 insert:
19 Section 1. Subsection (5) of section 218.503, Florida
20 Statutes, is amended to read:
21 218.503 Determination of financial emergency.--
22 (5)(a) The governing authority of any municipality
23 with a resident population of 300,000 or more on April 1,
24 1999, and which has at any time been declared in a state of
25 financial emergency pursuant to this section within the
26 previous 2 fiscal years may impose a discretionary per-vehicle
27 surcharge of up to 20 percent on the gross revenues of the
28 sale, lease, or rental of space at parking facilities within
29 the municipality that are open for use to the general public.
30 Consistent with s. 125.015, and to the extent not otherwise
31 immune or exempt, employees of the county parking at
1
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 county-owned or operated parking facilities are exempt.
2 (b) A municipal governing authority that imposes the
3 surcharge authorized by this subsection may use the proceeds
4 of such surcharge for the following purposes only:
5 1. No less than 60 percent and no more than 80 percent
6 of the surcharge proceeds shall be used by the governing
7 authority to reduce its ad valorem tax millage rate or to
8 reduce or eliminate non-ad valorem assessments.
9 2. A portion of the balance of the surcharge proceeds
10 shall be used by the governing authority to increase its
11 budget reserves; however, the governing authority shall not
12 reduce the amount it allocates for budget reserves from other
13 sources below the amount allocated for reserves in the fiscal
14 year prior to the year in which the surcharge is initially
15 imposed. When a 15-percent budget reserve is achieved, based
16 on the average gross revenue for the most recent 3 prior
17 fiscal years, the remaining proceeds from this subparagraph
18 shall be used for the payment of annual debt service related
19 to outstanding obligations backed or secured by a covenant to
20 budget and appropriate from non-ad valorem revenues.
21 (c)1. As used in this section:
22 a. "Eligible county" means a county that constructs,
23 reconstructs, renovates, expands, or rehabilitates, directly
24 or indirectly through turnkey or other contractual
25 arrangements, a significant new facility on a qualifying site.
26 b. "Qualifying site" means a site located in a
27 brownfields area designated under s. 376.80 that is owned by
28 an eligible county and is within the boundaries of a
29 municipality.
30 c. "Significant new facility" means a real property
31 improvement on a qualifying site that has a regional impact
2
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 and meets the following requirements:
2 (I) It is owned by a county or municipality, subject
3 to a determination of property tax immunity, and leased to,
4 licensed to, or operated by a private, for-profit entity for
5 the purpose of operating a business therefrom for a period of
6 not less than 30 years.
7 (II) It has a projected cost for construction,
8 reconstruction, renovation, expansion, or rehabilitation of
9 the facility and acquistion and remediation of the qualifying
10 site of not less than $300 million, of which not less than $50
11 million, over the term of the lease, license, or operation,
12 will be contributed by the private entity, which contribution
13 may be in the form of payments in lieu of taxes, ground lease
14 rent, license fees, rents, and other charges, including,
15 without limitation, annual payments pledged to finance the
16 construction of the facility.
17 (III) It has been proposed, in a report submitted to
18 the eligible county by a qualified economist, that the
19 facility will have an annual economic impact of not less than
20 $100 million over the term of the lease, license, or operation
21 and will create not less than 1,500 jobs over the same period.
22 d. "Cost," with respect to the qualifying site and
23 significant new facility, has the same meaning as provided in
24 s. 190.003(7).
25 (d)1. Unless a municipality extends this subsection
26 pursuant to subparagraphs 2. and 3., this subsection is
27 repealed on June 30, 2006.
28 2. A referendum shall be held at an election within 90
29 days after the effective date of this act with respect to a
30 municipality that has previously imposed a surcharge pursuant
31 to paragraph (a), or within 90 days after any municipality
3
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 becomes eligible to impose a surcharge pursuant to paragraph
2 (a), in any municipality imposing the surcharge authorized in
3 this subsection. With respect to a municipality that has
4 previously imposed a surcharge pursuant to paragraph (a), the
5 subject of the referendum shall be the extension of the repeal
6 date of the surcharge to June 30, 2046, and an extension of
7 the uses of surcharge proceeds. A statement that includes a
8 brief general description of the additional uses of the
9 surcharge proceeds shall be placed on the ballot.
10 3. If a majority of the electors of the municipality
11 voting on this question in the election approve the imposition
12 of the surcharge or extension of the repeal date and if
13 construction of a significant new facility is commenced by
14 June 30, 2006, on a qualifying site, this subsection shall be
15 repealed June 30, 2046. Notwithstanding the provisions of
16 paragraph (b), if an extension is approved pursuant to this
17 subparagraph, the funds generated by the surcharge shall be
18 distributed as specified in paragraph (e).
19 (e) Effective January 1, 2005, 33 1/3 percent of the
20 surcharge proceeds shall be remitted to the eligible county
21 and expended as provided in paragraph (f). The remaining
22 proceeds shall be retained by the municipal governing
23 authority, which shall expend the proceeds pursuant to
24 paragraph (h). However, beginning January 1, 2007, the payment
25 to the eligible county shall not in any fiscal year be less
26 than the amount remitted to an eligible county in the
27 preceding fiscal year and, for the purpose of assuring the
28 remittances, the proceeds received by the municipality in the
29 last three months of each fiscal year shall be held and
30 remitted on the last day of the fiscal year so that the
31 eligible county will receive no less than the amount remitted
4
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 in the preceding fiscal year.
2 (f) An eligible county that receives proceeds from the
3 surcharge may utilize them to construct, reconstruct,
4 renovate, expand, or rehabilitate, directly or indirectly
5 through turnkey or other contractual arrangements, a
6 significant new facility on a qualifying site in the manner
7 provided in this paragraph.
8 1. An eligible county may use funds provided pursuant
9 to this paragraph only for the public purpose of paying debt
10 service on bonds or other obligations issued to finance the
11 costs of acquisition, site preparation, infrastructure
12 development, construction, reconstruction, renovation,
13 expansion, or rehabilitation of the qualifying site and
14 significant new facility to be located thereon, or for the
15 costs of infrastructure and other improvements outside the
16 boundaries of the qualifying site but which are necessary or
17 helpful to the development or operation of the facility, or
18 for reimbursement of such costs, and the costs incurred by it
19 to remediate the qualifying site.
20 2. If in any fiscal year the funds provided pursuant
21 to this paragraph exceed the amounts necessary in that fiscal
22 year to pay the costs related to the significant new facility
23 and the qualifying site pursuant to this subsection and to pay
24 the debt service on bonds or other obligations issued to
25 finance or refinance such costs, the excess funds shall be
26 used to fund required reserves.
27 (g) An eligible county must take affirmative measures
28 to ensure that procurement related to the planning, design,
29 construction, building, maintenance, and operation of the
30 significant new facility contracting is reflective of the
31 racial and ethnic makeup of the community.
5
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (h) Of the funds remaining after the distributions to
2 the eligible county required in paragraph (e), $1 million
3 shall be distributed to a not-for-profit economic development
4 trust in an eligible county, which shall use the funds for
5 primary learning centers in blighted urbanized areas,
6 brownfield redevelopment, and economic development, which
7 amount shall adjust upwards or downwards at the same
8 percentage as the increase or decrease in the surcharge
9 overall. Of the remaining funds thereafter, not less than 60
10 percent and not more than 80 percent shall be used by the
11 governing authority to reduce its ad valorem tax millage rate
12 or to reduce or eliminate non-ad valorem assessments and no
13 less than ten 10 percent and no more than 20 percent shall be
14 allocated for infrastructure improvements and be used in the
15 downtown/urban core areas, industrial areas, suburban areas,
16 or other areas from where the facilities are located that
17 generate the funds. Areas shall be defined consistent with
18 Florida Statutes and local law.
19 1. A downtown/urban area shall be coterminous with any
20 Downtown Development District established pursuant to section
21 166.0497, Florida Statutes, or chapter 65-1090, Laws of
22 Florida or to any Community Redevelopment Agency established
23 pursuant to section 163.356, Florida Statutes. Alternatively,
24 any eligible local governmental entity may identify the
25 downtown/urban core area as any contiguous area consisting of
26 lands where the predominant acreage is designated as
27 commercial or its substantial equivalent, in an applicable
28 local government comprehensive plan.
29 2. An Industrial area is any contiguous area
30 consisting of lands where the predominant acreage is
31 designated industrial or its substantial equivalent in an
6
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 appliable local government comprehensive plan.
2 3. A suburban area is any contiguous area consisting
3 of lands where the predominant acreage is designated
4 residential or its substantial equivalent in an applicable
5 local government comprehensive plan.
6
7 Any number of areas may be used by the local governmental
8 entity, provided that the areas are defined by ordinance and
9 Florida law and include all parking facilities subject to the
10 surcharge. .
11 Section 2. Section 376.84, Florida Statutes, is
12 amended to read:
13 376.84 Brownfield redevelopment economic
14 incentives.--It is the intent of the Legislature that
15 brownfield redevelopment activities be viewed as opportunities
16 to significantly improve the utilization, general condition,
17 and appearance of these sites. Different standards than those
18 in place for new development, as allowed under current state
19 and local laws, should be used to the fullest extent to
20 encourage the redevelopment of a brownfield. State and local
21 governments are encouraged to offer redevelopment incentives
22 for this purpose, as an ongoing public investment in
23 infrastructure and services, to help eliminate the public
24 health and environmental hazards, and to promote the creation
25 of jobs in these areas. Such incentives may include
26 financial, regulatory, and technical assistance to persons and
27 businesses involved in the redevelopment of the brownfield
28 pursuant to this act. The Legislature further recognizes that,
29 in communities impacted by local government financial
30 emergencies, local government resources are strained and
31 incentives to encourage the development, use, redevelopment,
7
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 or reuse by local government of brownfield areas designated
2 under s. 376.80 are particularly needed.
3 (1) Financial incentives and local incentives for
4 redevelopment may include, but not be limited to:
5 (a) Tax increment financing through community
6 redevelopment agencies pursuant to part III of chapter 163.
7 (b) Enterprise zone tax exemptions for businesses
8 pursuant to chapters 196 and 290.
9 (c) Safe neighborhood improvement districts as
10 provided in ss. 163.501-163.523.
11 (d) Waiver, reduction, or limitation by line of
12 business with respect to occupational license taxes pursuant
13 to chapter 205.
14 (e) Tax exemption for historic properties as provided
15 in s. 196.1997.
16 (f) Residential electricity exemption of up to the
17 first 500 kilowatts of use may be exempted from the municipal
18 public service tax pursuant to s. 166.231.
19 (g) Minority business enterprise programs as provided
20 in s. 287.0943.
21 (h) Electric and gas tax exemption as provided in s.
22 166.231(6).
23 (i) Economic development tax abatement as provided in
24 s. 196.1995.
25 (j) Grants, including community development block
26 grants.
27 (k) Pledging of revenues to secure bonds.
28 (l) Low-interest revolving loans and zero-interest
29 loan pools.
30 (m) Local grant programs for facade, storefront,
31 signage, and other business improvements.
8
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (n) Governmental coordination of loan programs with
2 lenders, such as microloans, business reserve fund loans,
3 letter of credit enhancements, gap financing, land lease and
4 sublease loans, and private equity.
5 (o) Payment schedules over time for payment of fees,
6 within criteria, and marginal cost pricing.
7 (p) The sales tax rebate established for an eligible
8 county with a significant new facility on a qualifying site
9 under subsection (4).
10 (2) Regulatory incentives may include, but not be
11 limited to:
12 (a) Cities' absorption of developers' concurrency
13 needs.
14 (b) Developers' performance of certain analyses.
15 (c) Exemptions and lessening of state and local review
16 requirements.
17 (d) Water and sewer regulatory incentives.
18 (e) Waiver of transportation impact fees and permit
19 fees.
20 (f) Zoning incentives to reduce review requirements
21 for redevelopment changes in use and occupancy; establishment
22 of code criteria for specific uses; and institution of credits
23 for previous use within the area.
24 (g) Flexibility in parking standards and buffer zone
25 standards.
26 (h) Environmental management through specific code
27 criteria and conditions allowed by current law.
28 (i) Maintenance standards and activities by ordinance
29 and otherwise, and increased security and crime prevention
30 measures available through special assessments.
31 (j) Traffic-calming measures.
9
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 (k) Historic preservation ordinances, loan programs,
2 and review and permitting procedures.
3 (l) One-stop permitting and streamlined development
4 and permitting process.
5 (3) Technical assistance incentives may include, but
6 not be limited to:
7 (a) Expedited development applications.
8 (b) Formal and informal information on business
9 incentives and financial programs.
10 (c) Site design assistance.
11 (d) Marketing and promotion of projects or areas.
12 (4)(a) Effective July 1, 2006, the governing board of
13 an eligible county which constructs, reconstructs, renovates,
14 expands, or rehabilitates, either directly or indirectly
15 through turnkey or other contractual arrangements, a
16 significant new facility on a qualifying site shall be
17 entitled to receive sales tax rebates pursuant to s.
18 212.20(6)(e)7.e. in the manner provided in this subsection.
19 (b) For purposes of this subsection:
20 1. "Eligible county" means a county which constructs,
21 reconstructs, renovates, expands, or rehabilitates, either
22 directly or through turnkey or similar contractual
23 arrangements, a significant new facility on a qualifying site.
24 2. "Qualifying site" means a site located in a
25 brownfield area designated under s. 376.80 that is owned by an
26 eligible county and is within the boundaries of a local
27 government impacted by a financial emergency.
28 3. "Local government impacted by a financial
29 emergency" means a county or municipality that has a resident
30 population of 300,000 or more and that has been declared in a
31 state of financial emergency pursuant to part V of chapter 218
10
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 at any time preceding the date on which construction of a
2 significant new facility commences.
3 4. "Significant new facility" means a real property
4 improvement on a qualifying site as defined in s. 218.503.
5 5. "Cost," with respect to the qualifying site and
6 significant new facility, shall have the same meaning as
7 provided by s. 190.003(7).
8 6. "Department" means the Department of Revenue.
9 (c) The governing authority of an eligible county
10 shall notify the department in writing of its eligibility to
11 receive the sales tax rebate provided for by this subsection
12 and shall accompany such notice with:
13 1. Evidence that the significant new facility will be
14 located on a qualifying site.
15 2. Copies, certified by the clerk of the eligible
16 county as true and correct copies, of fully executed
17 construction contracts and other contractual arrangements
18 evidencing that the projected cost of the construction,
19 reconstruction, renovation, expansion, or rehabilitation of
20 the significant new facility and acquisition and remediation
21 of the qualifying site on which it is located exceeds $300
22 million, of which not less than $50 million will be
23 contributed by the private lessee, licensee, or operator in
24 the manner described in s. 218.503(5)(c)1.c.(II).
25 3. The fully executed agreement evidencing that the
26 facility has been leased to, licensed to, or is to be operated
27 by a private, for-profit entity for a period of not less than
28 30 years after the date of the notice.
29 (d) The department shall certify an eligible county
30 within 90 days after its receipt of the notice required by
31 paragraph (c). The department has the authority to adopt rules
11
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 to implement the provisions of this subsection.
2 (e) An eligible county may use funds provided pursuant
3 to s. 212.20(6)(e)7.e. only for the public purpose of paying
4 for, or pledging as security for or paying debt service on
5 bonds or other obligations issued to finance, the costs of
6 acquisition, site preparation, infrastructure development,
7 construction, reconstruction, renovation, expansion, or
8 rehabilitation of the qualifying site and significant new
9 facility to be located thereon, or for the costs of
10 infrastructure and other improvements outside the boundaries
11 of the qualifying site but which are necessary or helpful to
12 the development or operation of the significant new facility,
13 or for reimbursement of any such costs, and for the costs
14 incurred by it to remediate the qualifying site. An eligible
15 county must ensure that procurement related to the planning,
16 design, construction, building, maintenance, and operation of
17 the significant new facility contracting is reflective of the
18 racial and ethnic makeup of the community. In the event that,
19 in any fiscal year of an eligible county, the funds provided
20 pursuant to s. 212.20(6)(e)7.e. are in excess of the amount
21 necessary in such fiscal year to pay the costs related to the
22 significant new facility and qualifying site as authorized in
23 this subsection and to pay debt service on bonds or other
24 obligations related only to the costs of the bonds for
25 construction of the significant new facility issued to finance
26 or refinance all or any part of such costs, such excess funds
27 shall be applied toward or set aside for the redemption or
28 repayment of any such bonds.
29 (f) The amount of the sales tax rebate pursuant to s.
30 212.20(6)(e)7.e. to be provided to an eligible county
31 certified pursuant to this section shall be computed annually
12
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 and shall be equal to the sales tax imposed under chapter 212
2 attributable to that portion of the sales price as defined in
3 chapter 212 that is the surcharge imposed pursuant to s.
4 218.503 by a local government impacted by financial emergency,
5 but excluding discretionary sales surtaxes authorized under s.
6 212.055.
7 (g) The state does hereby covenant with the holders of
8 bonds or other obligations or contractual commitments secured
9 by or payable from the proceeds of the sales tax rebate
10 authorized by this subsection that it will not repeal or
11 impair, or amend in any manner which will materially and
12 adversely affect the rights of such holders, the sales tax
13 rebate provided by this subsection and s. 212.20(6)(e)7.e.;
14 however, the annual rebate amount may increase or decrease
15 based on the rebate computation provided by paragraph (f).
16 Section 3. Paragraph (e) of subsection (6) of section
17 212.20, Florida Statutes, is amended to read:
18 212.20 Funds collected, disposition; additional powers
19 of department; operational expense; refund of taxes
20 adjudicated unconstitutionally collected.--
21 (6) Distribution of all proceeds under this chapter
22 shall be as follows:
23 (e) The proceeds of all other taxes and fees imposed
24 pursuant to this chapter shall be distributed as follows:
25 1. In any fiscal year, the greater of $500 million,
26 minus an amount equal to 4.6 percent of the proceeds of the
27 taxes collected pursuant to chapter 201, or 5 percent of all
28 other taxes and fees imposed pursuant to this chapter shall be
29 deposited in monthly installments into the General Revenue
30 Fund.
31 2. Two-tenths of one percent shall be transferred to
13
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 the Solid Waste Management Trust Fund.
2 3. After the distribution under subparagraphs 1. and
3 2., 9.653 percent of the amount remitted by a sales tax dealer
4 located within a participating county pursuant to s. 218.61
5 shall be transferred into the Local Government Half-cent Sales
6 Tax Clearing Trust Fund.
7 4. After the distribution under subparagraphs 1., 2.,
8 and 3., 0.065 percent shall be transferred to the Local
9 Government Half-cent Sales Tax Clearing Trust Fund and
10 distributed pursuant to s. 218.65.
11 5. For proceeds received after July 1, 2000, and after
12 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
13 percent of the available proceeds pursuant to this paragraph
14 shall be transferred monthly to the Revenue Sharing Trust Fund
15 for Counties pursuant to s. 218.215.
16 6. For proceeds received after July 1, 2000, and after
17 the distributions under subparagraphs 1., 2., 3., and 4.,
18 1.0715 percent of the available proceeds pursuant to this
19 paragraph shall be transferred monthly to the Revenue Sharing
20 Trust Fund for Municipalities pursuant to s. 218.215. If the
21 total revenue to be distributed pursuant to this subparagraph
22 is at least as great as the amount due from the Revenue
23 Sharing Trust Fund for Municipalities and the Municipal
24 Financial Assistance Trust Fund in state fiscal year
25 1999-2000, no municipality shall receive less than the amount
26 due from the Revenue Sharing Trust Fund for Municipalities and
27 the Municipal Financial Assistance Trust Fund in state fiscal
28 year 1999-2000. If the total proceeds to be distributed are
29 less than the amount received in combination from the Revenue
30 Sharing Trust Fund for Municipalities and the Municipal
31 Financial Assistance Trust Fund in state fiscal year
14
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 1999-2000, each municipality shall receive an amount
2 proportionate to the amount it was due in state fiscal year
3 1999-2000.
4 7. Of the remaining proceeds:
5 a. Beginning July 1, 2000, and in each fiscal year
6 thereafter, the sum of $29,915,500 shall be divided into as
7 many equal parts as there are counties in the state, and one
8 part shall be distributed to each county. The distribution
9 among the several counties shall begin each fiscal year on or
10 before January 5th and shall continue monthly for a total of 4
11 months. If a local or special law required that any moneys
12 accruing to a county in fiscal year 1999-2000 under the
13 then-existing provisions of s. 550.135 be paid directly to the
14 district school board, special district, or a municipal
15 government, such payment shall continue until such time that
16 the local or special law is amended or repealed. The state
17 covenants with holders of bonds or other instruments of
18 indebtedness issued by local governments, special districts,
19 or district school boards prior to July 1, 2000, that it is
20 not the intent of this subparagraph to adversely affect the
21 rights of those holders or relieve local governments, special
22 districts, or district school boards of the duty to meet their
23 obligations as a result of previous pledges or assignments or
24 trusts entered into which obligated funds received from the
25 distribution to county governments under then-existing s.
26 550.135. This distribution specifically is in lieu of funds
27 distributed under s. 550.135 prior to July 1, 2000.
28 b. The department shall distribute $166,667 monthly
29 pursuant to s. 288.1162 to each applicant that has been
30 certified as a "facility for a new professional sports
31 franchise" or a "facility for a retained professional sports
15
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
2 distributed monthly by the department to each applicant that
3 has been certified as a "facility for a retained spring
4 training franchise" pursuant to s. 288.1162; however, not more
5 than $208,335 may be distributed monthly in the aggregate to
6 all certified facilities for a retained spring training
7 franchise. Distributions shall begin 60 days following such
8 certification and shall continue for not more than 30 years.
9 Nothing contained in this paragraph shall be construed to
10 allow an applicant certified pursuant to s. 288.1162 to
11 receive more in distributions than actually expended by the
12 applicant for the public purposes provided for in s.
13 288.1162(6). However, a certified applicant is entitled to
14 receive distributions up to the maximum amount allowable and
15 undistributed under this section for additional renovations
16 and improvements to the facility for the franchise without
17 additional certification.
18 c. Beginning 30 days after notice by the Office of
19 Tourism, Trade, and Economic Development to the Department of
20 Revenue that an applicant has been certified as the
21 professional golf hall of fame pursuant to s. 288.1168 and is
22 open to the public, $166,667 shall be distributed monthly, for
23 up to 300 months, to the applicant.
24 d. Beginning 30 days after notice by the Office of
25 Tourism, Trade, and Economic Development to the Department of
26 Revenue that the applicant has been certified as the
27 International Game Fish Association World Center facility
28 pursuant to s. 288.1169, and the facility is open to the
29 public, $83,333 shall be distributed monthly, for up to 168
30 months, to the applicant. This distribution is subject to
31 reduction pursuant to s. 288.1169. A lump sum payment of
16
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HOUSE AMENDMENT
hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 $999,996 shall be made, after certification and before July 1,
2 2000.
3 e. Beginning 30 days after an eligible county has been
4 certified pursuant to s. 376.84(4)(d), an amount equal to the
5 sales tax rebate calculated pursuant to s. 376.84(4)(f) shall
6 be distributed each year on a monthly basis to the eligible
7 county.
8 8. All other proceeds shall remain with the General
9 Revenue Fund.
10 Section 4. If section 35 of chapter 2000-260, Laws of
11 Florida, is not repealed by section 58 of said chapter, then,
12 effective October 1, 2001, paragraph (e) of subsection (6) of
13 section 212.20, Florida Statutes, as amended by section 35 of
14 chapter 2000-260, Laws of Florida, is amended to read:
15 212.20 Funds collected, disposition; additional powers
16 of department; operational expense; refund of taxes
17 adjudicated unconstitutionally collected.--
18 (6) Distribution of all proceeds under this chapter
19 and s. 202.18(1)(b) and (2)(b) shall be as follows:
20 (e) The proceeds of all other taxes and fees imposed
21 pursuant to this chapter or remitted pursuant to s.
22 202.18(1)(b) and (2)(b) shall be distributed as follows:
23 1. In any fiscal year, the greater of $500 million,
24 minus an amount equal to 4.6 percent of the proceeds of the
25 taxes collected pursuant to chapter 201, or 5 percent of all
26 other taxes and fees imposed pursuant to this chapter or
27 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
28 deposited in monthly installments into the General Revenue
29 Fund.
30 2. Two-tenths of one percent shall be transferred to
31 the Solid Waste Management Trust Fund.
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hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 3. After the distribution under subparagraphs 1. and
2 2., 9.653 percent of the amount remitted by a sales tax dealer
3 located within a participating county pursuant to s. 218.61
4 shall be transferred into the Local Government Half-cent Sales
5 Tax Clearing Trust Fund.
6 4. After the distribution under subparagraphs 1., 2.,
7 and 3., 0.065 percent shall be transferred to the Local
8 Government Half-cent Sales Tax Clearing Trust Fund and
9 distributed pursuant to s. 218.65.
10 5. For proceeds received after July 1, 2000, and after
11 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
12 percent of the available proceeds pursuant to this paragraph
13 shall be transferred monthly to the Revenue Sharing Trust Fund
14 for Counties pursuant to s. 218.215.
15 6. For proceeds received after July 1, 2000, and after
16 the distributions under subparagraphs 1., 2., 3., and 4.,
17 1.0715 percent of the available proceeds pursuant to this
18 paragraph shall be transferred monthly to the Revenue Sharing
19 Trust Fund for Municipalities pursuant to s. 218.215. If the
20 total revenue to be distributed pursuant to this subparagraph
21 is at least as great as the amount due from the Revenue
22 Sharing Trust Fund for Municipalities and the Municipal
23 Financial Assistance Trust Fund in state fiscal year
24 1999-2000, no municipality shall receive less than the amount
25 due from the Revenue Sharing Trust Fund for Municipalities and
26 the Municipal Financial Assistance Trust Fund in state fiscal
27 year 1999-2000. If the total proceeds to be distributed are
28 less than the amount received in combination from the Revenue
29 Sharing Trust Fund for Municipalities and the Municipal
30 Financial Assistance Trust Fund in state fiscal year
31 1999-2000, each municipality shall receive an amount
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hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 proportionate to the amount it was due in state fiscal year
2 1999-2000.
3 7. Of the remaining proceeds:
4 a. Beginning July 1, 2000, and in each fiscal year
5 thereafter, the sum of $29,915,500 shall be divided into as
6 many equal parts as there are counties in the state, and one
7 part shall be distributed to each county. The distribution
8 among the several counties shall begin each fiscal year on or
9 before January 5th and shall continue monthly for a total of 4
10 months. If a local or special law required that any moneys
11 accruing to a county in fiscal year 1999-2000 under the
12 then-existing provisions of s. 550.135 be paid directly to the
13 district school board, special district, or a municipal
14 government, such payment shall continue until such time that
15 the local or special law is amended or repealed. The state
16 covenants with holders of bonds or other instruments of
17 indebtedness issued by local governments, special districts,
18 or district school boards prior to July 1, 2000, that it is
19 not the intent of this subparagraph to adversely affect the
20 rights of those holders or relieve local governments, special
21 districts, or district school boards of the duty to meet their
22 obligations as a result of previous pledges or assignments or
23 trusts entered into which obligated funds received from the
24 distribution to county governments under then-existing s.
25 550.135. This distribution specifically is in lieu of funds
26 distributed under s. 550.135 prior to July 1, 2000.
27 b. The department shall distribute $166,667 monthly
28 pursuant to s. 288.1162 to each applicant that has been
29 certified as a "facility for a new professional sports
30 franchise" or a "facility for a retained professional sports
31 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
19
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hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 distributed monthly by the department to each applicant that
2 has been certified as a "facility for a retained spring
3 training franchise" pursuant to s. 288.1162; however, not more
4 than $208,335 may be distributed monthly in the aggregate to
5 all certified facilities for a retained spring training
6 franchise. Distributions shall begin 60 days following such
7 certification and shall continue for not more than 30 years.
8 Nothing contained in this paragraph shall be construed to
9 allow an applicant certified pursuant to s. 288.1162 to
10 receive more in distributions than actually expended by the
11 applicant for the public purposes provided for in s.
12 288.1162(6). However, a certified applicant is entitled to
13 receive distributions up to the maximum amount allowable and
14 undistributed under this section for additional renovations
15 and improvements to the facility for the franchise without
16 additional certification.
17 c. Beginning 30 days after notice by the Office of
18 Tourism, Trade, and Economic Development to the Department of
19 Revenue that an applicant has been certified as the
20 professional golf hall of fame pursuant to s. 288.1168 and is
21 open to the public, $166,667 shall be distributed monthly, for
22 up to 300 months, to the applicant.
23 d. Beginning 30 days after notice by the Office of
24 Tourism, Trade, and Economic Development to the Department of
25 Revenue that the applicant has been certified as the
26 International Game Fish Association World Center facility
27 pursuant to s. 288.1169, and the facility is open to the
28 public, $83,333 shall be distributed monthly, for up to 168
29 months, to the applicant. This distribution is subject to
30 reduction pursuant to s. 288.1169. A lump sum payment of
31 $999,996 shall be made, after certification and before July 1,
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hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 2000.
2 e. Beginning 30 days after an eligible county has been
3 certified pursuant to s. 376.84(4)(d), an amount equal to the
4 sales tax rebate calculated pursuant to s. 376.84(4)(f) shall
5 be distributed each year on a monthly basis to the eligible
6 county.
7 8. All other proceeds shall remain with the General
8 Revenue Fund.
9 Section 5. Section 186.5053, Florida Statutes, is
10 created to read:
11 186.5053 South Florida Regional Planning Council
12 responsibilities.--Pursuant to s. 186.505, the South Florida
13 Regional Planning Council is authorized to undertake
14 responsibilities delegated and prescribed by federal and state
15 government, and its member units of local government, as well
16 as activities agreed to through multiparty and
17 intergovernmental voluntary agreements such as, but not
18 limited to, activities related to site rehabilitation at
19 brownfield sites within designated brownfield areas pursuant
20 to chapter 376, subject to the Department of Environmental
21 Protection's approval of all environmental regulatory
22 decisions at the sites; activities agreed to by the Eastward
23 Ho! Brownfields Partnership; activities agreed to by the Clean
24 Cities Coalition; and activities agreed to in the South Dade
25 Watershed memorandum of understanding.
26 Section 6. It is the intent of the Legislature that
27 the provisions of this act are severable. If any provision of
28 this act is held invalid, the remaining provisions shall
29 survive.
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hbd-05 Bill No. HB 1981, 2nd Eng.
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 97, line 16 remove all of said line
4
5 and insert:
6 An act relating to taxation; amending s.
7 218.503, F.S.; providing that certain
8 municipalities that have been declared in a
9 state of financial emergency may impose a
10 per-vehicle surcharge on revenues from the sale
11 or rental of space at parking facilities;
12 providing exemptions; revising a requirement
13 relating to such municipalities' population;
14 amending the future repeal of such provisions
15 to allow for an extension of the repeal date by
16 referendum in such municipalities; providing
17 for uses of proceeds under such extension;
18 providing definitions; providing ballot
19 language; amending s. 376.84, F.S.; providing
20 definitions; providing that a county that
21 constructs, renovates, or expands a significant
22 new facility on a qualifying brownfield site is
23 entitled to a sales tax rebate if the facility
24 is leased to, licensed to, or operated by a
25 private entity; providing requirements with
26 respect thereto; requiring such county to
27 submit certain information to the Department of
28 Revenue; providing for certification of the
29 county by the department; providing for rules;
30 providing for use of the rebate funds;
31 providing requirements with respect to certain
22
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hbd-05 Bill No. HB 1981, 2nd Eng.
Amendment No. ___ (for drafter's use only)
1 excess funds; providing for computation of the
2 amount of the rebate; amending s. 212.20,
3 F.S.; providing for distribution of the sales
4 tax rebate to such counties; creating s.
5 186.5053, F.S.; authorizing the South Florida
6 Regional Planning Council to undertake certain
7 responsibilities and activities; providing for
8 severability;
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