Senate Bill sb2976

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    Florida Senate - 2004                                  SB 2976

    By Senator Diaz de la Portilla





    36-1909-04                                          See HB 993

  1                      A bill to be entitled

  2         An act relating to qualified job training

  3         organizations; amending s. 212.20, F.S.;

  4         providing for distribution of certain sales tax

  5         proceeds to certain job training organizations

  6         under certain circumstances; providing

  7         limitations; creating s. 288.1170, F.S.;

  8         providing duties and responsibilities of the

  9         Department of Revenue relating to providing

10         funding to qualified job training

11         organizations; providing a definition;

12         providing for department certification of an

13         organization as a qualified job training

14         organization; providing for distribution of

15         certain funds to a certified organization;

16         specifying uses of distributed funds;

17         authorizing the department to audit such

18         organizations for certain purposes; providing

19         for revocation of certification under certain

20         circumstances; providing an effective date.

21  

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

23  

24         Section 1.  Paragraph (d) of subsection (6) of section

25  212.20, Florida Statutes, as amended by section 92 of chapter

26  2003-402, Laws of Florida, is amended to read:

27         212.20  Funds collected, disposition; additional powers

28  of department; operational expense; refund of taxes

29  adjudicated unconstitutionally collected.--

30         (6)  Distribution of all proceeds under this chapter

31  and s. 202.18(1)(b) and (2)(b) shall be as follows:

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    Florida Senate - 2004                                  SB 2976
    36-1909-04                                          See HB 993




 1         (d)  The proceeds of all other taxes and fees imposed

 2  pursuant to this chapter or remitted pursuant to s.

 3  202.18(1)(b) and (2)(b) shall be distributed as follows:

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

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

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

 7  other taxes and fees imposed pursuant to this chapter or

 8  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

 9  deposited in monthly installments into the General Revenue

10  Fund.

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

12  the Ecosystem Management and Restoration Trust Fund to be used

13  for water quality improvement and water restoration projects.

14         3.  After the distribution under subparagraphs 1. and

15  2., 8.814 percent of the amount remitted by a sales tax dealer

16  located within a participating county pursuant to s. 218.61

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

18  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to

19  be transferred pursuant to this subparagraph to the Local

20  Government Half-cent Sales Tax Clearing Trust Fund shall be

21  reduced by 0.1 percent, and the department shall distribute

22  this amount to the Public Employees Relations Commission Trust

23  Fund less $5,000 each month, which shall be added to the

24  amount calculated in subparagraph 4. and distributed

25  accordingly.

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

27  and 3., 0.095 percent shall be transferred to the Local

28  Government Half-cent Sales Tax Clearing Trust Fund and

29  distributed pursuant to s. 218.65.

30         5.  After the distributions under subparagraphs 1., 2.,

31  3., and 4., 2.0440 percent of the available proceeds pursuant

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    Florida Senate - 2004                                  SB 2976
    36-1909-04                                          See HB 993




 1  to this paragraph shall be transferred monthly to the Revenue

 2  Sharing Trust Fund for Counties pursuant to s. 218.215.

 3         6.  After the distributions under subparagraphs 1., 2.,

 4  3., and 4., 1.3409 percent of the available proceeds pursuant

 5  to this paragraph shall be transferred monthly to the Revenue

 6  Sharing Trust Fund for Municipalities pursuant to s. 218.215.

 7  If the total revenue to be distributed pursuant to this

 8  subparagraph is at least as great as the amount due from the

 9  Revenue Sharing Trust Fund for Municipalities and the

10  Municipal Financial Assistance Trust Fund in state fiscal year

11  1999-2000, no municipality shall receive less than the amount

12  due from the Revenue Sharing Trust Fund for Municipalities and

13  the Municipal Financial Assistance Trust Fund in state fiscal

14  year 1999-2000. If the total proceeds to be distributed are

15  less than the amount received in combination from the Revenue

16  Sharing Trust Fund for Municipalities and the Municipal

17  Financial Assistance Trust Fund in state fiscal year

18  1999-2000, each municipality shall receive an amount

19  proportionate to the amount it was due in state fiscal year

20  1999-2000.

21         7.  Of the remaining proceeds:

22         a.  In each fiscal year, the sum of $29,915,500 shall

23  be divided into as many equal parts as there are counties in

24  the state, and one part shall be distributed to each county.

25  The distribution among the several counties shall begin each

26  fiscal year on or before January 5th and shall continue

27  monthly for a total of 4 months. If a local or special law

28  required that any moneys accruing to a county in fiscal year

29  1999-2000 under the then-existing provisions of s. 550.135 be

30  paid directly to the district school board, special district,

31  or a municipal government, such payment shall continue until

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    Florida Senate - 2004                                  SB 2976
    36-1909-04                                          See HB 993




 1  such time that the local or special law is amended or

 2  repealed. The state covenants with holders of bonds or other

 3  instruments of indebtedness issued by local governments,

 4  special districts, or district school boards prior to July 1,

 5  2000, that it is not the intent of this subparagraph to

 6  adversely affect the rights of those holders or relieve local

 7  governments, special districts, or district school boards of

 8  the duty to meet their obligations as a result of previous

 9  pledges or assignments or trusts entered into which obligated

10  funds received from the distribution to county governments

11  under then-existing s. 550.135. This distribution specifically

12  is in lieu of funds distributed under s. 550.135 prior to July

13  1, 2000.

14         b.  The department shall distribute $166,667 monthly

15  pursuant to s. 288.1162 to each applicant that has been

16  certified as a "facility for a new professional sports

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

18  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

19  distributed monthly by the department to each applicant that

20  has been certified as a "facility for a retained spring

21  training franchise" pursuant to s. 288.1162; however, not more

22  than $208,335 may be distributed monthly in the aggregate to

23  all certified facilities for a retained spring training

24  franchise. Distributions shall begin 60 days following such

25  certification and shall continue for not more than 30 years.

26  Nothing contained in this paragraph shall be construed to

27  allow an applicant certified pursuant to s. 288.1162 to

28  receive more in distributions than actually expended by the

29  applicant for the public purposes provided for in s.

30  288.1162(6). However, a certified applicant is entitled to

31  receive distributions up to the maximum amount allowable and

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    Florida Senate - 2004                                  SB 2976
    36-1909-04                                          See HB 993




 1  undistributed under this section for additional renovations

 2  and improvements to the facility for the franchise without

 3  additional certification.

 4         c.  Beginning 30 days after notice by the Office of

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

 6  Revenue that an applicant has been certified as the

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

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

 9  up to 300 months, to the applicant.

10         d.  Beginning 30 days after notice by the Office of

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

12  Revenue that the applicant has been certified as the

13  International Game Fish Association World Center facility

14  pursuant to s. 288.1169, and the facility is open to the

15  public, $83,333 shall be distributed monthly, for up to 168

16  months, to the applicant. This distribution is subject to

17  reduction pursuant to s. 288.1169. A lump sum payment of

18  $999,996 shall be made, after certification and before July 1,

19  2000.

20         e.  The department shall distribute monthly to

21  qualified job training organizations certified as provided in

22  s. 288.1170 an amount equal to the proceeds, as defined in

23  paragraph (5)(a), received and collected in the previous month

24  by the department under the provisions of this chapter which

25  are generated by a qualified job training organization and

26  remitted on its sales and use tax returns. The total

27  distribution shall not exceed $3 million annually.

28  Distributions shall begin 60 days following notification of

29  certification by the Department of Revenue pursuant to s.

30  288.1170 and shall continue for not more than 10 years.

31  Distributions shall be used solely to encourage and provide

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    Florida Senate - 2004                                  SB 2976
    36-1909-04                                          See HB 993




 1  economic development through capital construction,

 2  improvements, or equipment that will result in expanded

 3  employment opportunities.

 4         8.  All other proceeds shall remain with the General

 5  Revenue Fund.

 6         Section 2.  Section 288.1170, Florida Statutes, is

 7  created to read:

 8         288.1170  Qualified job training organizations;

 9  certification; duties.--

10         (1)  The Department of Revenue shall serve as the state

11  agency for screening applicants for state funding pursuant to

12  s. 212.20(6)(d)7.e.

13         (2)  The Department of Revenue shall adopt rules

14  pursuant to ss. 120.536(1) and 120.54 for the receipt and

15  processing of applications for funding pursuant to s.

16  212.20(6)(d)7.e.

17         (3)  For purposes of this section, "qualified job

18  training organization" means an organization that:

19         (a)  Is located in this state.

20         (b)  Is exempt from income taxation under s. 501(c)3 or

21  s. 501(c)4 of the Internal Revenue Code of 1986, as amended.

22         (c)  Specializes in the retail sale of donated items.

23         (d)  Provides job training and employment services to

24  individuals with workplace disadvantages and disabilities.

25         (e)  Uses a majority of its revenues for job training

26  and placement programs that create jobs and foster economic

27  development.

28         (4)  To be eligible for funding pursuant to s.

29  212.20(6)(d)7.e., an organization must be certified by the

30  Department of Revenue as meeting the criteria specified in

31  subsection (3). Sixty days after certifying an applicant, the

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    Florida Senate - 2004                                  SB 2976
    36-1909-04                                          See HB 993




 1  Department of Revenue shall begin distributing proceeds to the

 2  organization pursuant to s. 212.20(6)(d)7.e.

 3         (5)  After a qualified job training organization is

 4  certified, the organization shall use proceeds provided

 5  pursuant to s. 212.20(6)(d)7.e. solely to encourage and

 6  provide economic development through capital construction,

 7  improvements, or equipment that will result in expanded

 8  employment opportunities.

 9         (6)  The Department of Revenue may audit a qualified

10  job training organization as provided in s. 213.34 to verify

11  that the distributions to the organization pursuant to this

12  section have been expended by the organization as required by

13  this section. Such audit information is subject to the

14  confidentiality requirements of chapter 213. If the Department

15  of Revenue determines that the distributions have not been

16  expended as required by this section, the department may

17  pursue recovery of such proceeds pursuant to the laws and

18  rules governing the assessment of taxes.

19         (7)  Failure to use the proceeds as provided in this

20  section shall be grounds for revoking certification.

21         Section 3.  This act shall take effect October 1, 2004.

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