Senate Bill sb2018

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    Florida Senate - 2007                                  SB 2018

    By Senator Baker





    20-1486-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to fiscally constrained

  3         counties; amending s. 202.18, F.S.; deleting

  4         provisions for distributing a portion of

  5         communications services tax revenues to

  6         fiscally constrained counties; amending s.

  7         212.20, F.S.; providing for distribution of

  8         certain sales and use tax revenues to fiscally

  9         constrained counties; amending s. 218.67, F.S.,

10         to conform; amending s. 288.1169, F.S.;

11         conforming a cross-reference; providing an

12         effective date.

13  

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

15  

16         Section 1.  Subsection (2) of section 202.18, Florida

17  Statutes, is amended to read:

18         202.18  Allocation and disposition of tax

19  proceeds.--The proceeds of the communications services taxes

20  remitted under this chapter shall be treated as follows:

21         (2)  The proceeds of the taxes remitted under s.

22  202.12(1)(b) shall be divided as follows:

23         (a)  The portion of such proceeds which constitutes

24  gross receipts taxes, imposed at the rate prescribed in

25  chapter 203, shall be deposited as provided by law and in

26  accordance with s. 9, Art. XII of the State Constitution.

27         (b)  Sixty-three percent of the remainder shall be

28  allocated to the state and distributed pursuant to s.

29  212.20(6), except that the proceeds allocated pursuant to s.

30  212.20(6)(d)3. shall be prorated to the participating counties

31  

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    Florida Senate - 2007                                  SB 2018
    20-1486-07                                              See HB




 1  in the same proportion as that month's collection of the taxes

 2  and fees imposed pursuant to chapter 212 and paragraph (1)(b).

 3         (c)1.  During each calendar year, the remaining portion

 4  of such proceeds shall be transferred to the Local Government

 5  Half-cent Sales Tax Clearing Trust Fund and. Seventy percent

 6  of such proceeds shall be allocated in the same proportion as

 7  the allocation of total receipts of the half-cent sales tax

 8  under s. 218.61 and the emergency distribution under s. 218.65

 9  in the prior state fiscal year. Thirty percent of such

10  proceeds shall be distributed pursuant to s. 218.67.

11         2.  The proportion of the proceeds allocated based on

12  the emergency distribution under s. 218.65 shall be

13  distributed pursuant to s. 218.65.

14         3.  In each calendar year, the proportion of the

15  proceeds allocated based on the half-cent sales tax under s.

16  218.61 shall be allocated to each county in the same

17  proportion as the county's percentage of total sales tax

18  allocation for the prior state fiscal year and distributed

19  pursuant to s. 218.62.

20         4.  The department shall distribute the appropriate

21  amount to each municipality and county each month at the same

22  time that local communications services taxes are distributed

23  pursuant to subsection (3).

24         Section 2.  Paragraph (d) of subsection (6) of section

25  212.20, Florida Statutes, is amended to read:

26         212.20  Funds collected, disposition; additional powers

27  of department; operational expense; refund of taxes

28  adjudicated unconstitutionally collected.--

29         (6)  Distribution of all proceeds under this chapter

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

31  

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    Florida Senate - 2007                                  SB 2018
    20-1486-07                                              See HB




 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 of the available proceeds shall be

28  transferred to the Local Government Half-cent Sales Tax

29  Clearing Trust Fund and 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 - 2007                                  SB 2018
    20-1486-07                                              See HB




 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 former

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 former Municipal Financial Assistance Trust Fund in state

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

15  are less than the amount received in combination from the

16  Revenue Sharing Trust Fund for Municipalities and the former

17  Municipal 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.  After the distributions under subparagraphs 1., 2.,

22  3., and 4., 0.082 percent of the available proceeds shall be

23  transferred to the Local Government Half-cent Sales Tax

24  Clearing Trust Fund and distributed pursuant to s. 218.67.

25         8.7.  Of the remaining proceeds:

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

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

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

29  The distribution among the several counties shall begin each

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

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

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    Florida Senate - 2007                                  SB 2018
    20-1486-07                                              See HB




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

 2  1999-2000 under the then-existing provisions of s. 550.135 be

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

 4  or a municipal government, such payment shall continue until

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

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

 7  instruments of indebtedness issued by local governments,

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

 9  2000, that it is not the intent of this subparagraph to

10  adversely affect the rights of those holders or relieve local

11  governments, special districts, or district school boards of

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

13  pledges or assignments or trusts entered into which obligated

14  funds received from the distribution to county governments

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

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

17  1, 2000.

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

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

20  certified as a "facility for a new professional sports

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

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

23  distributed monthly by the department to each applicant that

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

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

26  than $416,670 may be distributed monthly in the aggregate to

27  all certified facilities for a retained spring training

28  franchise. Distributions shall begin 60 days following such

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

30  Nothing contained in this paragraph shall be construed to

31  allow an applicant certified pursuant to s. 288.1162 to

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    Florida Senate - 2007                                  SB 2018
    20-1486-07                                              See HB




 1  receive more in distributions than actually expended by the

 2  applicant for the public purposes provided for in s.

 3  288.1162(6).

 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         9.8.  All other proceeds shall remain with the General

21  Revenue Fund.

22         Section 3.  Subsection (2) of section 218.67, Florida

23  Statutes, is amended to read:

24         218.67  Distribution for fiscally constrained

25  counties.--

26         (2)  Each fiscally constrained county government that

27  participates in the local government half-cent sales tax shall

28  be eligible to receive an additional distribution from the

29  Local Government Half-cent Sales Tax Clearing Trust Fund, as

30  provided in s. 212.20 202.18(2)(c)1., in addition to its

31  

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    Florida Senate - 2007                                  SB 2018
    20-1486-07                                              See HB




 1  regular monthly distribution provided under this part and any

 2  emergency or supplemental distribution under s. 218.65.

 3         Section 4.  Subsection (6) of section 288.1169, Florida

 4  Statutes, is amended to read:

 5         288.1169  International Game Fish Association World

 6  Center facility.--

 7         (6)  The Department of Commerce must recertify every 10

 8  years that the facility is open, that the International Game

 9  Fish Association World Center continues to be the only

10  international administrative headquarters, fishing museum, and

11  Hall of Fame in the United States recognized by the

12  International Game Fish Association, and that the project is

13  meeting the minimum projections for attendance or sales tax

14  revenues as required at the time of original certification. If

15  the facility is not recertified during this 10-year review as

16  meeting the minimum projections, then funding will be abated

17  until certification criteria are met. If the project fails to

18  generate $1 million of annual revenues pursuant to paragraph

19  (2)(e), the distribution of revenues pursuant to s.

20  212.20(6)(d)8.d. 212.20(6)(d)7.d. shall be reduced to an

21  amount equal to $83,333 multiplied by a fraction, the

22  numerator of which is the actual revenues generated and the

23  denominator of which is $1 million. Such reduction shall

24  remain in effect until revenues generated by the project in a

25  12-month period equal or exceed $1 million.

26         Section 5.  This act shall take effect July 1, 2007.

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