HB 1617 2003
1	CHAMBER ACTION
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6	The Committee on Commerce recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to the Aerospace Infrastructure
12	Reinvestment Act of 2003; providing an act name; providing
13	legislative findings; amending s. 212.20, F.S.; providing
14	that the amounts due under the chapter on sales, use, and
15	other transactions collected by dealers conducting
16	business at a fixed location at the Kennedy Space Center
17	or Cape Canaveral Air Station on admissions, leases, and
18	licenses and on sales of tangible personal property at
19	such business shall be separately returned and distributed
20	by the Department of Revenue to the Florida Commercial
21	Space Financing Corporation and used for described
22	purposes; providing a definition; providing for rules;
23	providing for future repeal; providing an effective date.
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27	Be It Enacted by the Legislature of the State of Florida:
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29	Section 1. This act is the "Aerospace Infrastructure
30	Reinvestment Act of 2003."
31	Section 2. The Legislature finds that promoting the growth
32	of the space industry in Florida is a vital component of its
33	overall economic plan and that facilitating additions to
34	aerospace infrastructure will make the state more competitive
35	and promote the retention and growth of space businesses in this
36	state. This act therefore provides for the reinvestment of
37	certain sales tax receipts arising from the presence of the
38	space industry in Florida as a means of providing for that
39	infrastructure growth.
40	Section 3. Paragraphs (b) and (d) of subsection (6) of
41	section 212.20, Florida Statutes, as amended by section 1,
42	chapter 2002-291, Laws of Florida, are amended to read:
43	212.20 Funds collected, disposition; additional powers of
44	department; operational expense; refund of taxes adjudicated
45	unconstitutionally collected.--
46	(6) Distribution of all proceeds under this chapter and s.
47	202.18(1)(b) and (2)(b) shall be as follows:
48	(b) Proceeds from discretionary sales surtaxes imposed
49	pursuant to ss. 212.054 and 212.055, except those distributed
50	under sub-subparagraph (d)7.e.,shall be reallocated to the
51	Discretionary Sales Surtax Clearing Trust Fund.
52	(d) The proceeds of all other taxes and fees imposed
53	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
54	and (2)(b) shall be distributed as follows:
55	1. In any fiscal year, the greater of $500 million, minus
56	an amount equal to 4.6 percent of the proceeds of the taxes
57	collected pursuant to chapter 201, or 5 percent of all other
58	taxes and fees imposed pursuant to this chapter or remitted
59	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
60	monthly installments into the General Revenue Fund.
61	2. Two-tenths of one percent shall be transferred to the
62	Ecosystem Management and Restoration Trust Fund to be used for
63	water quality improvement and water restoration projects.
64	3. After the distribution under subparagraphs 1. and 2.,
65	9.653 percent of the amount remitted by a sales tax dealer
66	located within a participating county pursuant to s. 218.61
67	shall be transferred into the Local Government Half-cent Sales
68	Tax Clearing Trust Fund.
69	4. After the distribution under subparagraphs 1., 2., and
70	3., 0.065 percent shall be transferred to the Local Government
71	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
72	to s. 218.65.
73	5. For proceeds received after July 1, 2000, and after the
74	distributions under subparagraphs 1., 2., 3., and 4., 2.25
75	percent of the available proceeds pursuant to this paragraph
76	shall be transferred monthly to the Revenue Sharing Trust Fund
77	for Counties pursuant to s. 218.215.
78	6. For proceeds received after July 1, 2000, and after the
79	distributions under subparagraphs 1., 2., 3., and 4., 1.0715
80	percent of the available proceeds pursuant to this paragraph
81	shall be transferred monthly to the Revenue Sharing Trust Fund
82	for Municipalities pursuant to s. 218.215. If the total revenue
83	to be distributed pursuant to this subparagraph is at least as
84	great as the amount due from the Revenue Sharing Trust Fund for
85	Municipalities and the Municipal Financial Assistance Trust Fund
86	in state fiscal year 1999-2000, no municipality shall receive
87	less than the amount due from the Revenue Sharing Trust Fund for
88	Municipalities and the Municipal Financial Assistance Trust Fund
89	in state fiscal year 1999-2000. If the total proceeds to be
90	distributed are less than the amount received in combination
91	from the Revenue Sharing Trust Fund for Municipalities and the
92	Municipal Financial Assistance Trust Fund in state fiscal year
93	1999-2000, each municipality shall receive an amount
94	proportionate to the amount it was due in state fiscal year
95	1999-2000.
96	7. Of the remaining proceeds:
97	a. Beginning July 1, 2000, and in each fiscal year
98	thereafter, the sum of $29,915,500 shall be divided into as many
99	equal parts as there are counties in the state, and one part
100	shall be distributed to each county. The distribution among the
101	several counties shall begin each fiscal year on or before
102	January 5th and shall continue monthly for a total of 4 months.
103	If a local or special law required that any moneys accruing to a
104	county in fiscal year 1999-2000 under the then-existing
105	provisions of s. 550.135 be paid directly to the district school
106	board, special district, or a municipal government, such payment
107	shall continue until such time that the local or special law is
108	amended or repealed. The state covenants with holders of bonds
109	or other instruments of indebtedness issued by local
110	governments, special districts, or district school boards prior
111	to July 1, 2000, that it is not the intent of this subparagraph
112	to adversely affect the rights of those holders or relieve local
113	governments, special districts, or district school boards of the
114	duty to meet their obligations as a result of previous pledges
115	or assignments or trusts entered into which obligated funds
116	received from the distribution to county governments under then-
117	existing s. 550.135. This distribution specifically is in lieu
118	of funds distributed under s. 550.135 prior to July 1, 2000.
119	b. The department shall distribute $166,667 monthly
120	pursuant to s. 288.1162 to each applicant that has been
121	certified as a "facility for a new professional sports
122	franchise" or a "facility for a retained professional sports
123	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
124	distributed monthly by the department to each applicant that has
125	been certified as a "facility for a retained spring training
126	franchise" pursuant to s. 288.1162; however, not more than
127	$208,335 may be distributed monthly in the aggregate to all
128	certified facilities for a retained spring training franchise.
129	Distributions shall begin 60 days following such certification
130	and shall continue for not more than 30 years. Nothing contained
131	in this paragraph shall be construed to allow an applicant
132	certified pursuant to s. 288.1162 to receive more in
133	distributions than actually expended by the applicant for the
134	public purposes provided for in s. 288.1162(6). However, a
135	certified applicant is entitled to receive distributions up to
136	the maximum amount allowable and undistributed under this
137	section for additional renovations and improvements to the
138	facility for the franchise without additional certification.
139	c. Beginning 30 days after notice by the Office of
140	Tourism, Trade, and Economic Development to the Department of
141	Revenue that an applicant has been certified as the professional
142	golf hall of fame pursuant to s. 288.1168 and is open to the
143	public, $166,667 shall be distributed monthly, for up to 300
144	months, to the applicant.
145	d. Beginning 30 days after notice by the Office of
146	Tourism, Trade, and Economic Development to the Department of
147	Revenue that the applicant has been certified as the
148	International Game Fish Association World Center facility
149	pursuant to s. 288.1169, and the facility is open to the public,
150	$83,333 shall be distributed monthly, for up to 168 months, to
151	the applicant. This distribution is subject to reduction
152	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
153	made, after certification and before July 1, 2000.
154	e. Every dealer conducting business at a fixed location at
155	the John F. Kennedy Space Center or Cape Canaveral Air Force
156	Station and selling admissions to the John F. Kennedy Space
157	Center or Cape Canaveral Air Force Station, or any part of
158	either, pursuant to a contract with the National Aeronautics and
159	Space Administration or pursuant to a subcontract thereto, shall
160	file returns each month in accordance with this sub-
161	subparagraph. Each such dealer shall file a separate return each
162	month which reports, separately from any other sales and use
163	taxes due pursuant to this chapter, the sale of admissions to
164	the John F. Kennedy Space Center or Cape Canaveral Air Force
165	Station or any part thereof or to any event held at either
166	location, together with sales at retail of tangible personal
167	property from such fixed place of business, and leases and
168	licenses by the dealer at the John F. Kennedy Space Center or
169	Cape Canaveral Air Force Station taxable pursuant to s. 212.031,
170	and the taxes collected by the dealer with respect to such
171	admissions, leases, licenses, and sales. All amounts due
172	pursuant to this chapter with respect to such transactions shall
173	be timely remitted to the department. The dealer shall
174	simultaneously file a copy of the return with the Florida
175	Commercial Space Financing Corporation and a copy with the
176	director of the Office of Tourism, Trade, and Economic
177	Development, all of which return copies and information therein
178	shall be subject to the same confidentiality provisions as are
179	applicable to returns and information filed with the department
180	pursuant to s. 213.053. Each month the department shall
181	distribute to the Florida Commercial Space Financing Corporation
182	all such proceeds collected and remitted to the department as
183	shown on the returns required by this sub-subparagraph. The
184	first $1.5 million in such funds distributed to the Florida
185	Commercial Space Financing Corporation shall be expended for
186	aerospace infrastructure, as defined in this sub-subparagraph,
187	used in or pertaining directly to human space flight, including,
188	but not limited to, space shuttle orbiter maintenance,
189	enhancements, modifications, and related activities. The
190	remainder of the funds distributed to the Florida Commercial
191	Space Financing Corporation shall be used solely for funding
192	aerospace infrastructure as defined in this sub-subparagraph. In
193	the event the department collects any additional amounts
194	pursuant to this chapter with respect to any transactions for
195	which a separate return is required by this sub-subparagraph,
196	the proceeds shall, within 30 days following collection, be
197	distributed by the department to the Florida Commercial Space
198	Financing Corporation for the uses specified in this sub-
199	subparagraph. For purposes of this sub-subparagraph, "aerospace
200	infrastructure" means land, buildings and other improvements,
201	fixtures, machinery, equipment, instruments, and software that
202	will improve the state's capability to ensure security or to
203	support, expand, or attract the launch, construction,
204	processing, refurbishment, or manufacturing of rockets,
205	missiles, capsules, spacecraft, satellites, satellite control
206	facilities, ground support equipment and related tangible
207	personal property, launch vehicles, modules, space stations or
208	components destined for space station operation, and space
209	flight research and development facilities, instruments, and
210	equipment, together with any engineering, permitting, and other
211	expenses, including, but not limited to, utility location,
212	relocation, and realignment directly related to such land,
213	buildings, improvements, fixtures, machinery, equipment,
214	instruments, or software. Nothing in this sub-subparagraph shall
215	be construed as affecting any dealer's liability for other taxes
216	imposed by and due pursuant to this chapter.
217	8. All other proceeds shall remain with the General
218	Revenue Fund.
219	Section 4. The Department of Revenue is authorized to
220	adopt rules implementing the provisions of this act.
221	Section 5. This act shall take effect July 1, 2003, and be
222	applicable to taxes due on or after that date and shall expire
223	and be without further force and effect on July 1, 2008.