HB 1269

1
A bill to be entitled
2An act relating to revitalizing municipalities; amending
3s. 212.20, F.S.; providing for the transfer of certain
4sales tax revenues from the General Revenue Fund to the
5Revenue Sharing Trust Fund for Municipalities; amending s.
6218.23, F.S.; providing for a distribution from the
7Revenue Sharing Trust Fund for Municipalities relating to
8an increase in sales tax collections over the preceding
9year to an eligible designated redevelopment agency of a
10sales tax increment redevelopment district; creating s.
11290.017, F.S.; providing legislative intent and purpose;
12authorizing specified governing bodies to create a sales
13tax increment redevelopment district within a municipality
14having a specified population; providing that a designated
15redevelopment agency for an enterprise zone where a sales
16tax redevelopment district is located is eligible for
17specified percentage distributions of increased state
18sales tax collections under certain circumstances;
19requiring the Department of Revenue to determine the
20amount of increased sales tax collections to be
21distributed to each eligible designated redevelopment
22agency and to transfer the aggregate amount due to all
23such agencies to the Revenue Sharing Trust Fund for
24Municipalities for distribution; granting specified powers
25to a designated redevelopment agency for a sales tax
26increment redevelopment district for the purpose of
27providing financing and fostering certain public and
28private improvements, including issuing revenue bonds;
29requiring that an agreement between a designated
30redevelopment agency and private sponsor of a project
31include a requirement that a specified number of jobs be
32created under certain circumstances; providing an
33effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Subsection (6) of section 212.20, Florida
38Statutes, is amended to read:
39     212.20  Funds collected, disposition; additional powers of
40department; operational expense; refund of taxes adjudicated
41unconstitutionally collected.-
42     (6)  Distribution of all proceeds under this chapter and s.
43202.18(1)(b) and (2)(b) shall be as follows:
44     (a)  Proceeds from the convention development taxes
45authorized under s. 212.0305 shall be reallocated to the
46Convention Development Tax Clearing Trust Fund.
47     (b)  Proceeds from discretionary sales surtaxes imposed
48pursuant to ss. 212.054 and 212.055 shall be reallocated to the
49Discretionary Sales Surtax Clearing Trust Fund.
50     (c)  Proceeds from the fees imposed under ss.
51212.05(1)(h)3. and 212.18(3) shall remain with the General
52Revenue Fund.
53     (d)  The proceeds of all other taxes and fees imposed
54pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
55and (2)(b) shall be distributed as follows:
56     1.  In any fiscal year, the greater of $500 million, minus
57an amount equal to 4.6 percent of the proceeds of the taxes
58collected pursuant to chapter 201, or 5.2 percent of all other
59taxes and fees imposed pursuant to this chapter or remitted
60pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
61monthly installments into the General Revenue Fund.
62     2.  After the distribution under subparagraph 1., 8.814
63percent of the amount remitted by a sales tax dealer located
64within a participating county pursuant to s. 218.61 shall be
65transferred into the Local Government Half-cent Sales Tax
66Clearing Trust Fund. Beginning July 1, 2003, the amount to be
67transferred shall be reduced by 0.1 percent, and the department
68shall distribute this amount to the Public Employees Relations
69Commission Trust Fund less $5,000 each month, which shall be
70added to the amount calculated in subparagraph 3. and
71distributed accordingly.
72     3.  After the distribution under subparagraphs 1. and 2.,
730.095 percent shall be transferred to the Local Government Half-
74cent Sales Tax Clearing Trust Fund and distributed pursuant to
75s. 218.65.
76     4.  After the distributions under subparagraphs 1., 2., and
773., 2.0440 percent of the available proceeds shall be
78transferred monthly to the Revenue Sharing Trust Fund for
79Counties pursuant to s. 218.215.
80     5.  After the distributions under subparagraphs 1., 2., and
813., 1.3409 percent of the available proceeds plus the amount
82required under s. 290.017(3) shall be transferred monthly to the
83Revenue Sharing Trust Fund for Municipalities pursuant to s.
84218.215. If the total revenue to be distributed pursuant to this
85subparagraph is at least as great as the amount due from the
86Revenue Sharing Trust Fund for Municipalities and the former
87Municipal Financial Assistance Trust Fund in state fiscal year
881999-2000, no municipality shall receive less than the amount
89due from the Revenue Sharing Trust Fund for Municipalities and
90the former Municipal Financial Assistance Trust Fund in state
91fiscal year 1999-2000. If the total proceeds to be distributed
92are less than the amount received in combination from the
93Revenue Sharing Trust Fund for Municipalities and the former
94Municipal Financial Assistance Trust Fund in state fiscal year
951999-2000, each municipality shall receive an amount
96proportionate to the amount it was due in state fiscal year
971999-2000.
98     6.  Of the remaining proceeds:
99     a.  In each fiscal year, the sum of $29,915,500 shall be
100divided into as many equal parts as there are counties in the
101state, and one part shall be distributed to each county. The
102distribution among the several counties must begin each fiscal
103year on or before January 5th and continue monthly for a total
104of 4 months. If a local or special law required that any moneys
105accruing to a county in fiscal year 1999-2000 under the then-
106existing provisions of s. 550.135 be paid directly to the
107district school board, special district, or a municipal
108government, such payment must continue until the local or
109special law is amended or repealed. The state covenants with
110holders of bonds or other instruments of indebtedness issued by
111local governments, special districts, or district school boards
112before July 1, 2000, that it is not the intent of this
113subparagraph to adversely affect the rights of those holders or
114relieve local governments, special districts, or district school
115boards of the duty to meet their obligations as a result of
116previous pledges or assignments or trusts entered into which
117obligated funds received from the distribution to county
118governments under then-existing s. 550.135. This distribution
119specifically is in lieu of funds distributed under s. 550.135
120before July 1, 2000.
121     b.  The department shall distribute $166,667 monthly
122pursuant to s. 288.1162 to each applicant certified as a
123facility for a new or retained professional sports franchise
124pursuant to s. 288.1162. Up to $41,667 shall be distributed
125monthly by the department to each certified applicant as defined
126in s. 288.11621 for a facility for a spring training franchise.
127However, not more than $416,670 may be distributed monthly in
128the aggregate to all certified applicants for facilities for
129spring training franchises. Distributions begin 60 days after
130such certification and continue for not more than 30 years,
131except as otherwise provided in s. 288.11621. A certified
132applicant identified in this sub-subparagraph may not receive
133more in distributions than expended by the applicant for the
134public purposes provided for in s. 288.1162(5) or s.
135288.11621(3).
136     c.  Beginning 30 days after notice by the Office of
137Tourism, Trade, and Economic Development to the Department of
138Revenue that an applicant has been certified as the professional
139golf hall of fame pursuant to s. 288.1168 and is open to the
140public, $166,667 shall be distributed monthly, for up to 300
141months, to the applicant.
142     d.  Beginning 30 days after notice by the Office of
143Tourism, Trade, and Economic Development to the Department of
144Revenue that the applicant has been certified as the
145International Game Fish Association World Center facility
146pursuant to s. 288.1169, and the facility is open to the public,
147$83,333 shall be distributed monthly, for up to 168 months, to
148the applicant. This distribution is subject to reduction
149pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
150made, after certification and before July 1, 2000.
151     7.  All other proceeds must remain in the General Revenue
152Fund.
153     Section 2.  Subsection (3) of section 218.23, Florida
154Statutes, is amended to read:
155     218.23  Revenue sharing with units of local government.-
156     (3)  The distribution to a unit of local government under
157this part is determined by the following formula:
158     (a)  First, the entitlement of an eligible unit of local
159government shall be computed on the basis of the apportionment
160factor provided in s. 218.245, which shall be applied for all
161eligible units of local government to all receipts available for
162distribution in the respective revenue sharing trust fund.
163     (b)  Second, revenue shared with eligible units of local
164government for any fiscal year shall be adjusted so that no
165eligible unit of local government receives less funds than its
166guaranteed entitlement.
167     (c)  Third, revenues shared with counties for any fiscal
168year shall be adjusted so that no county receives less funds
169than its guaranteed entitlement plus the second guaranteed
170entitlement for counties.
171     (d)  Fourth, revenue shared with units of local government
172for any fiscal year shall be adjusted so that no unit of local
173government receives less funds than its minimum entitlement.
174     (e)  Fifth, after the adjustments provided in paragraphs
175(b), (c), and (d), the funds remaining in the respective trust
176fund for municipalities shall be distributed to the appropriate
177designated redevelopment agency eligible for a distribution
178under s. 290.017.
179     (f)(e)  Sixth Fifth, after the adjustments provided in
180paragraphs (b), (c), and (d), and (e), and after deducting the
181amount committed to all the units of local government, the funds
182remaining in the respective trust funds shall be distributed to
183those eligible units of local government which qualify to
184receive additional moneys beyond the guaranteed entitlement, on
185the basis of the additional money of each qualified unit of
186local government in proportion to the total additional money of
187all qualified units of local government.
188     Section 3.  Section 290.017, Florida Statutes, is created
189to read:
190     290.017  Intent and purpose; sales tax increment
191redevelopment districts.-
192     (1)(a)  By authorizing the creation of sales tax increment
193redevelopment districts within municipalities located within a
194designated enterprise zone, the Legislature intends to generally
195improve the economic conditions within the enterprise zone, and
196particularly within the economically depressed area of a
197municipality that comprises a sales tax increment redevelopment
198district.
199     (b)  By allowing the designated redevelopment agency for
200the enterprise zone where the sales tax increment redevelopment
201district is located to share with the state any annual increase
202in sales tax collections, the Legislature intends to provide
203local financing for public and private improvements that will
204foster job growth and enhance the commercial base of local
205merchants.
206     (2)  Any municipality that has designated an enterprise
207zone or all the governing bodies in the case of a county and one
208or more municipalities having designated an enterprise zone may
209adopt a resolution that creates a sales tax increment
210redevelopment district within any municipality that is part of
211or comprises an entire enterprise zone if the municipality has a
212population greater than 250,000. The designated redevelopment
213agency for the enterprise zone where the sales tax redevelopment
214district is located is eligible for a percentage distribution
215from the Revenue Sharing Trust Fund for Municipalities of the
216increased collections of the state tax on sales, use, and other
217transactions realized during any month by the municipality over
218the same monthly period of the previous year, as follows:
219     (a)  Eighty-five percent of the increase in collections of
220less than $1 million.
221     (b)  Seventy-five percent of the increased collections of
222$1 million or more but less than $5 million.
223     (c)  Fifty percent of the increased collections of $5
224million or more but less than $8 million.
225     (d)  Twenty-five percent of the increased collections of $8
226million or more but less than $12 million.
227     (e)  Zero percent of the increased collections of $12
228million or more.
229     (3)  The specific amount payable to each eligible
230designated redevelopment agency must be determined monthly by
231the Department of Revenue for distribution to the appropriate
232eligible designated redevelopment agency in accordance with
233subsection (2). The Department of Revenue must determine monthly
234the aggregate amount of sales tax revenue that is required for
235distribution to eligible designated redevelopment agencies under
236this section and transfer that amount from the General Revenue
237Fund to the Revenue Sharing Trust Fund for Municipalities in
238accordance with s. 212.20(6)(d)5. All amounts transferred to the
239Revenue Sharing Trust Fund for Municipalities must be
240distributed as provided in s. 218.23(3)(e).
241     (4)  Unless prohibited by ordinance, for the purpose of
242providing local financing for public and private improvements
243that will foster job growth and enhance the commercial base of
244local merchants in the sales tax increment redevelopment
245district, the designated eligible redevelopment agency is
246empowered to:
247     (a)  Enter into cooperative contracts and agreements with a
248county, municipality, governmental agency, or private entity for
249services and assistance;
250     (b)  Acquire, own, convey, construct, maintain, improve,
251and manage property and facilities and grant and acquire
252licenses, easements, and options with respect to such property;
253     (c)  Accept grants and donations of property, labor, or
254other things of value from any public or private source;
255     (d)  Control the expenditure of funds legally available to
256it, subject to limitations imposed by law or any valid agreement
257or contract;
258     (e)  Promote and advertise the commercial advantages of the
259district in order to attract new businesses and encourage the
260expansion of existing businesses;
261     (f)  Promote and advertise the district to the public and
262engage in cooperative advertising programs with businesses
263located in the district;
264     (g)  Identify areas with blighted influences and develop
265programs for remediating such influences.
266     (h)  If authorized or approved by resolution or ordinance
267of the governing body that created the sales tax increment
268redevelopment district, use the distribution of sales tax
269proceeds provided for under this section for the purpose of
270issuing revenue bonds to finance redevelopment of the district,
271including the payment of principal and interest upon any
272advances for surveys and plans or preliminary loans.
273     1.  Bonds issued under this paragraph do not constitute an
274indebtedness within the meaning of any constitutional or
275statutory debt limitation or restriction and are not subject to
276the provisions of any other law or charter relating to the
277authorization, issuance, or sale of bonds. Bonds issued under
278this paragraph are declared to be issued for an essential public
279and governmental purpose, and the interest and income from the
280bonds are exempt from all taxes, except taxes imposed by chapter
281220 on corporations.
282     2.  Bonds issued under this paragraph may be issued in one
283or more series and may bear such date or dates, be payable upon
284demand or mature at such time or times, bear interest at such
285rate or rates, be in such denomination or denominations, be in
286such form either with or without coupon or registered, carry
287such conversion or registration privileges, have such rank or
288priority, be executed in such manner, be payable in such medium
289of payment at such place or places, be subject to such terms of
290redemption (with or without premium), be secured in such manner,
291and have such other characteristics as may be provided by the
292resolution or ordinance authorizing their issuance. Bonds issued
293under this paragraph may be sold in such manner, either at
294public or private sale, and for such price as the designated
295redevelopment agency may determine will effectuate the purposes
296of this section.
297     3.  In any suit, action, or proceeding involving the
298validity or enforceability of any bond issued under this
299paragraph, any bond that recites in substance that it has been
300issued by the designated redevelopment agency in connection with
301the sales tax increment district for a purpose authorized under
302this section is conclusively presumed to have been issued for
303that purpose, and any project financed by the bond is
304conclusively presumed to have been planned and carried out in
305accordance with the intended purposes of this section.
306
307If any sales tax proceeds distributed under this section are to
308be expended in a manner that directly inures to the benefit of a
309privately sponsored project in a designated enterprise zone or
310in a sales tax increment redevelopment district created under
311this section, the expenditure of such proceeds must be
312contingent upon a negotiated development agreement between the
313private sponsor and the applicable redevelopment agency that
314includes a binding term requiring the creation of no less than
315500 full-time jobs.
316     Section 4.  This act shall take effect July 1, 2011.


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