| 1 | A bill to be entitled |
| 2 | An act relating to distribution of tax proceeds; amending |
| 3 | s. 212.20, F.S.; deleting provisions providing for monthly |
| 4 | distributions of certain tax proceeds to certain certified |
| 5 | sports facilities; amending s. 288.1169, F.S., to conform; |
| 6 | amending s. 409.904, F.S.; revising an income criterion |
| 7 | for optional payments for eligible persons; amending s. |
| 8 | 409.906, F.S.; deleting a repeal of a provision for |
| 9 | optional Medicaid adult dental services; deleting |
| 10 | limitations on optional Medicaid hearing and visual |
| 11 | services for children only; providing for distribution of |
| 12 | certain revenues to the Agency for Health Care |
| 13 | Administration for certain purposes; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Paragraph (d) of subsection (6) of section |
| 19 | 212.20, Florida Statutes, is amended to read: |
| 20 | 212.20 Funds collected, disposition; additional powers of |
| 21 | department; operational expense; refund of taxes adjudicated |
| 22 | unconstitutionally collected.-- |
| 23 | (6) Distribution of all proceeds under this chapter and s. |
| 24 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 25 | (d) The proceeds of all other taxes and fees imposed |
| 26 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 27 | and (2)(b) shall be distributed as follows: |
| 28 | 1. In any fiscal year, the greater of $500 million, minus |
| 29 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 30 | collected pursuant to chapter 201, or 5 percent of all other |
| 31 | taxes and fees imposed pursuant to this chapter or remitted |
| 32 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 33 | monthly installments into the General Revenue Fund. |
| 34 | 2. Two-tenths of one percent shall be transferred to the |
| 35 | Ecosystem Management and Restoration Trust Fund to be used for |
| 36 | water quality improvement and water restoration projects. |
| 37 | 3. After the distribution under subparagraphs 1. and 2., |
| 38 | 8.814 percent of the amount remitted by a sales tax dealer |
| 39 | located within a participating county pursuant to s. 218.61 |
| 40 | shall be transferred into the Local Government Half-cent Sales |
| 41 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
| 42 | be transferred pursuant to this subparagraph to the Local |
| 43 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
| 44 | reduced by 0.1 percent, and the department shall distribute this |
| 45 | amount to the Public Employees Relations Commission Trust Fund |
| 46 | less $5,000 each month, which shall be added to the amount |
| 47 | calculated in subparagraph 4. and distributed accordingly. |
| 48 | 4. After the distribution under subparagraphs 1., 2., and |
| 49 | 3., 0.095 percent shall be transferred to the Local Government |
| 50 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
| 51 | to s. 218.65. |
| 52 | 5. After the distributions under subparagraphs 1., 2., 3., |
| 53 | and 4., 2.0440 percent of the available proceeds pursuant to |
| 54 | this paragraph shall be transferred monthly to the Revenue |
| 55 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
| 56 | 6. After the distributions under subparagraphs 1., 2., 3., |
| 57 | and 4., 1.3409 percent of the available proceeds pursuant to |
| 58 | this paragraph shall be transferred monthly to the Revenue |
| 59 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
| 60 | the total revenue to be distributed pursuant to this |
| 61 | subparagraph is at least as great as the amount due from the |
| 62 | Revenue Sharing Trust Fund for Municipalities and the former |
| 63 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 64 | 1999-2000, no municipality shall receive less than the amount |
| 65 | due from the Revenue Sharing Trust Fund for Municipalities and |
| 66 | the former Municipal Financial Assistance Trust Fund in state |
| 67 | fiscal year 1999-2000. If the total proceeds to be distributed |
| 68 | are less than the amount received in combination from the |
| 69 | Revenue Sharing Trust Fund for Municipalities and the former |
| 70 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 71 | 1999-2000, each municipality shall receive an amount |
| 72 | proportionate to the amount it was due in state fiscal year |
| 73 | 1999-2000. |
| 74 | 7. Of the remaining proceeds,: |
| 75 | a. in each fiscal year, the sum of $29,915,500 shall be |
| 76 | divided into as many equal parts as there are counties in the |
| 77 | state, and one part shall be distributed to each county. The |
| 78 | distribution among the several counties shall begin each fiscal |
| 79 | year on or before January 5th and shall continue monthly for a |
| 80 | total of 4 months. If a local or special law required that any |
| 81 | moneys accruing to a county in fiscal year 1999-2000 under the |
| 82 | then-existing provisions of s. 550.135 be paid directly to the |
| 83 | district school board, special district, or a municipal |
| 84 | government, such payment shall continue until such time that the |
| 85 | local or special law is amended or repealed. The state covenants |
| 86 | with holders of bonds or other instruments of indebtedness |
| 87 | issued by local governments, special districts, or district |
| 88 | school boards prior to July 1, 2000, that it is not the intent |
| 89 | of this subparagraph to adversely affect the rights of those |
| 90 | holders or relieve local governments, special districts, or |
| 91 | district school boards of the duty to meet their obligations as |
| 92 | a result of previous pledges or assignments or trusts entered |
| 93 | into which obligated funds received from the distribution to |
| 94 | county governments under then-existing s. 550.135. This |
| 95 | distribution specifically is in lieu of funds distributed under |
| 96 | s. 550.135 prior to July 1, 2000. |
| 97 | b. The department shall distribute $166,667 monthly |
| 98 | pursuant to s. 288.1162 to each applicant that has been |
| 99 | certified as a "facility for a new professional sports |
| 100 | franchise" or a "facility for a retained professional sports |
| 101 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
| 102 | distributed monthly by the department to each applicant that has |
| 103 | been certified as a "facility for a retained spring training |
| 104 | franchise" pursuant to s. 288.1162; however, not more than |
| 105 | $208,335 may be distributed monthly in the aggregate to all |
| 106 | certified facilities for a retained spring training franchise. |
| 107 | Distributions shall begin 60 days following such certification |
| 108 | and shall continue for not more than 30 years. Nothing contained |
| 109 | in this paragraph shall be construed to allow an applicant |
| 110 | certified pursuant to s. 288.1162 to receive more in |
| 111 | distributions than actually expended by the applicant for the |
| 112 | public purposes provided for in s. 288.1162(6). However, a |
| 113 | certified applicant is entitled to receive distributions up to |
| 114 | the maximum amount allowable and undistributed under this |
| 115 | section for additional renovations and improvements to the |
| 116 | facility for the franchise without additional certification. |
| 117 | c. Beginning 30 days after notice by the Office of |
| 118 | Tourism, Trade, and Economic Development to the Department of |
| 119 | Revenue that an applicant has been certified as the professional |
| 120 | golf hall of fame pursuant to s. 288.1168 and is open to the |
| 121 | public, $166,667 shall be distributed monthly, for up to 300 |
| 122 | months, to the applicant. |
| 123 | d. Beginning 30 days after notice by the Office of |
| 124 | Tourism, Trade, and Economic Development to the Department of |
| 125 | Revenue that the applicant has been certified as the |
| 126 | International Game Fish Association World Center facility |
| 127 | pursuant to s. 288.1169, and the facility is open to the public, |
| 128 | $83,333 shall be distributed monthly, for up to 168 months, to |
| 129 | the applicant. This distribution is subject to reduction |
| 130 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
| 131 | made, after certification and before July 1, 2000. |
| 132 | 8. All other proceeds shall remain with the General |
| 133 | Revenue Fund. |
| 134 | Section 2. Subsection (6) of section 288.1169, Florida |
| 135 | Statutes, is amended to read: |
| 136 | 288.1169 International Game Fish Association World Center |
| 137 | facility.-- |
| 138 | (6) The Department of Commerce must recertify every 10 |
| 139 | years that the facility is open, that the International Game |
| 140 | Fish Association World Center continues to be the only |
| 141 | international administrative headquarters, fishing museum, and |
| 142 | Hall of Fame in the United States recognized by the |
| 143 | International Game Fish Association, and that the project is |
| 144 | meeting the minimum projections for attendance or sales tax |
| 145 | revenues as required at the time of original certification. If |
| 146 | the facility is not recertified during this 10-year review as |
| 147 | meeting the minimum projections, then funding will be abated |
| 148 | until certification criteria are met. If the project fails to |
| 149 | generate $1 million of annual revenues pursuant to paragraph |
| 150 | (2)(e), the distribution of revenues pursuant to s. |
| 151 | 212.20(6)(d)7.d. shall be reduced to an amount equal to $83,333 |
| 152 | multiplied by a fraction, the numerator of which is the actual |
| 153 | revenues generated and the denominator of which is $1 million. |
| 154 | Such reduction shall remain in effect until revenues generated |
| 155 | by the project in a 12-month period equal or exceed $1 million. |
| 156 | Section 3. Subsection (1) of section 409.904, Florida |
| 157 | Statutes, is amended to read: |
| 158 | 409.904 Optional payments for eligible persons.--The |
| 159 | agency may make payments for medical assistance and related |
| 160 | services on behalf of the following persons who are determined |
| 161 | to be eligible subject to the income, assets, and categorical |
| 162 | eligibility tests set forth in federal and state law. Payment on |
| 163 | behalf of these Medicaid eligible persons is subject to the |
| 164 | availability of moneys and any limitations established by the |
| 165 | General Appropriations Act or chapter 216. |
| 166 | (1) A person who is age 65 or older or is determined to be |
| 167 | disabled, whose income is at 100 or below 88 percent of federal |
| 168 | poverty level, and whose assets do not exceed established |
| 169 | limitations. |
| 170 | Section 4. Paragraph (b) of subsection (1) and subsections |
| 171 | (12) and (23) of section 409.906, Florida Statutes, are amended |
| 172 | to read: |
| 173 | 409.906 Optional Medicaid services.--Subject to specific |
| 174 | appropriations, the agency may make payments for services which |
| 175 | are optional to the state under Title XIX of the Social Security |
| 176 | Act and are furnished by Medicaid providers to recipients who |
| 177 | are determined to be eligible on the dates on which the services |
| 178 | were provided. Any optional service that is provided shall be |
| 179 | provided only when medically necessary and in accordance with |
| 180 | state and federal law. Optional services rendered by providers |
| 181 | in mobile units to Medicaid recipients may be restricted or |
| 182 | prohibited by the agency. Nothing in this section shall be |
| 183 | construed to prevent or limit the agency from adjusting fees, |
| 184 | reimbursement rates, lengths of stay, number of visits, or |
| 185 | number of services, or making any other adjustments necessary to |
| 186 | comply with the availability of moneys and any limitations or |
| 187 | directions provided for in the General Appropriations Act or |
| 188 | chapter 216. If necessary to safeguard the state's systems of |
| 189 | providing services to elderly and disabled persons and subject |
| 190 | to the notice and review provisions of s. 216.177, the Governor |
| 191 | may direct the Agency for Health Care Administration to amend |
| 192 | the Medicaid state plan to delete the optional Medicaid service |
| 193 | known as "Intermediate Care Facilities for the Developmentally |
| 194 | Disabled." Optional services may include: |
| 195 | (1) ADULT DENTAL SERVICES.-- |
| 196 | (b) Beginning January 1, 2005, the agency may pay for |
| 197 | dentures, the procedures required to seat dentures, and the |
| 198 | repair and reline of dentures, provided by or under the |
| 199 | direction of a licensed dentist, for a recipient who is 21 years |
| 200 | of age or older. This paragraph is repealed effective July 1, |
| 201 | 2005. |
| 202 | (12) CHILDREN'S HEARING SERVICES.--The agency may pay for |
| 203 | hearing and related services, including hearing evaluations, |
| 204 | hearing aid devices, dispensing of the hearing aid, and related |
| 205 | repairs, if provided to a recipient younger than 21 years of age |
| 206 | by a licensed hearing aid specialist, otolaryngologist, |
| 207 | otologist, audiologist, or physician. |
| 208 | (23) CHILDREN'S VISUAL SERVICES.--The agency may pay for |
| 209 | visual examinations, eyeglasses, and eyeglass repairs for a |
| 210 | recipient younger than 21 years of age, if they are prescribed |
| 211 | by a licensed physician specializing in diseases of the eye or |
| 212 | by a licensed optometrist. |
| 213 | Section 5. Revenues which would otherwise be distributed |
| 214 | as provided by s. 212.20(6)(d)7.b., c., and d., Florida |
| 215 | Statutes, but for the amendment to s. 212.20(6)(d), Florida |
| 216 | Statutes, made by this act shall be distributed to the Agency |
| 217 | for Health Care Administration for purposes of providing funding |
| 218 | for the optional Medicaid services provided by s. 409.906, |
| 219 | Florida Statutes, for visual, hearing, and dental assistance for |
| 220 | adults who meet the eligibility criteria provided in s. |
| 221 | 409.904(1), Florida Statutes. |
| 222 | Section 6. This act shall take effect July 1, 2005. |