HB 1667

1
A bill to be entitled
2An act relating to emergency distributions of the local
3government half-cent sales tax; amending s. 215.211, F.S.;
4providing for continuing application of the 7-percent
5service charge on local option fuel taxes; requiring
6deposit of the proceeds of the continued service charge
7into the Local Government Half-cent Sales Tax Clearing
8Trust Fund; specifying distribution of proceeds through
9revised emergency distribution requirements; deleting
10provisions requiring deposit of service charge proceeds
11into certain local grant programs; amending s. 218.65,
12F.S.; revising certain criteria for a declaration of
13fiscal emergency; restricting distribution of certain
14funds under emergency distribution provisions to counties
15levying certain ad valorem tax millage rates; revising
16procedures for making emergency distributions; providing
17for certain additional emergency distributions under
18certain circumstances; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (3) of section 215.211, Florida
23Statutes, is amended to read:
24     215.211  Service charge; elimination or reduction for
25specified proceeds.--
26     (3)  Notwithstanding the provisions of s. 215.20(1), the
27service charge provided in s. 215.20(1), which is deducted from
28the proceeds of the local option fuel tax distributed under s.
29336.025, shall be reduced as follows:
30     (a)  For the period July 1, 2005, through June 30, 2006,
31the rate of the service charge shall be 3.5 percent.
32     (b)  Beginning July 1, 2006, and thereafter, the rate of
33the service charge shall be 1.4 percent. Notwithstanding any
34other provision of law, this service charge shall be deposited
35into the Local Government Half-cent Sales Tax Clearing Trust
36Fund to be distributed pursuant to s. 218.65 no service charge
37shall be deducted from the proceeds of the local option fuel tax
38distributed under s. 336.025.
39
40The increased revenues derived from this subsection shall be
41deposited in the State Transportation Trust Fund and used to
42fund the County Incentive Grant Program and the Small County
43Outreach Program. Up to 20 percent of such funds shall be used
44for the purpose of implementing the Small County Outreach
45Program as provided in this act. Notwithstanding any other laws
46to the contrary, the requirements of ss. 339.135, 339.155, and
47339.175 shall not apply to these funds and programs.
48     Section 2.  Subsections (2) and (5) of section 218.65,
49Florida Statutes, are amended to read:
50     218.65  Emergency distribution.--
51     (2)  The Legislature hereby finds and declares that a
52fiscal emergency exists in any county which meets the criteria
53specified in paragraph (a) or, if applicable, and the criterion
54specified in paragraph (b):
55     (a)  If the county has a population of 75,000 65,000 or
56less and levies ad valorem taxes at a rate of 8 mills or more
57above:
58     1.  In any year from 1977 to 1981, inclusive, the value of
59net new construction and additions placed on the tax roll for
60that year was less than 2 percent of the taxable value for
61school purposes on the roll for that year, exclusive of such net
62value; or
63     2.  The percentage increase in county taxable value from
641979 to 1980, 1980 to 1981, or 1981 to 1982 was less than 3
65percent.
66     (b)  If the county has a population of 75,000 or less and
67the moneys distributed to the county government pursuant to s.
68218.62 for the prior calendar fiscal year were less than the
69current per capita limitation, based on the population of that
70county.
71     (5)  At the beginning of each fiscal year, the Department
72of Revenue shall calculate a base allocation for each eligible
73county equal to the difference between the current per capita
74limitation times the county's population, minus prior year
75ordinary distributions to the county pursuant to ss.
76212.20(6)(d)3., 218.61, and 218.62. If moneys deposited into the
77Local Government Half-cent Sales Tax Clearing Trust Fund
78pursuant to s. 212.20(6)(d)4., excluding moneys appropriated for
79supplemental distributions pursuant to subsection (7) and the
80moneys deposited pursuant to s. 215.211, for the current year
81are less than or equal to the sum of the base allocations, each
82eligible county shall receive a share of the appropriated amount
83proportional to its base allocation. If the deposited amount of
84such deposited moneys exceeds the sum of the base allocations,
85each county shall receive its base allocation, and the excess
86appropriated amount shall be distributed equally on a per capita
87basis among the eligible counties with populations of 75,000 or
88less that levied ad valorem taxes at a rate of 8 mills or more
89for the prior year, in the following manner:
90     (a)  The Department of Revenue shall determine whether, for
91any county with a population of 75,000 or less that levies ad
92valorem taxes at a rate of 8 mills or more, the moneys
93distributed to the county government pursuant to s. 218.62 for
94the prior fiscal year on a per capita basis were greater than
95the current per capita limitation, based on the population of
96that county. If any such counties are identified, the Department
97of Revenue shall identify the county among such counties that
98received the largest per capita distribution pursuant to s.
99218.62. Each county with a population of 75,000 or less that
100levies ad valorem taxes at a rate of 8 mills or more shall
101receive a distribution, as a second emergency distribution,
102equal to such largest per capita amount times the county
103population minus prior year ordinary distributions to the county
104pursuant to ss. 212.20(6)(d)3., 218.61, and 218.62. If moneys
105deposited into the Local Government Half-cent Sales Tax Clearing
106Trust Fund pursuant to s. 212.20(6)(d)4., excluding moneys
107appropriated for supplemental distributions pursuant to
108subsection (7), for the current year are insufficient to make
109the entire amount of this second emergency distribution, each
110eligible county shall receive a share of the appropriated amount
111proportional to the total amount that would be distributed
112through this second emergency had the funds been sufficient to
113make this second emergency distribution.
114     (b)  If the deposited amount exceeds the sum of the base
115allocations and the second emergency distribution, the excess
116appropriated amount shall be distributed, as a third emergency
117distribution, equally on a per capita basis among the eligible
118counties with populations of 75,000 or less that levied ad
119valorem taxes at a rate of 8 mills or more.
120     Section 3.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.