| 1 | A bill to be entitled |
| 2 | An act relating to revitalizing municipalities; |
| 3 | amending s. 212.20, F.S.; providing for the transfer |
| 4 | of certain sales tax revenues from the General Revenue |
| 5 | Fund to the Revenue Sharing Trust Fund for |
| 6 | Municipalities; amending s. 218.23, F.S.; providing |
| 7 | for a distribution from the Revenue Sharing Trust Fund |
| 8 | for Municipalities relating to an increase in sales |
| 9 | tax collections over the preceding year to an eligible |
| 10 | designated redevelopment agency of a sales tax |
| 11 | increment redevelopment district; creating s. 290.017, |
| 12 | F.S.; providing legislative intent and purpose; |
| 13 | authorizing specified governing bodies to create a |
| 14 | sales tax increment redevelopment district within a |
| 15 | municipality having a specified population; providing |
| 16 | that a designated redevelopment agency for an |
| 17 | enterprise zone where a sales tax redevelopment |
| 18 | district is located is eligible for specified |
| 19 | percentage distributions of increased state sales tax |
| 20 | collections under certain circumstances; requiring the |
| 21 | Department of Revenue to determine the amount of |
| 22 | increased sales tax collections to be distributed to |
| 23 | each eligible designated redevelopment agency and to |
| 24 | transfer the aggregate amount due to all such agencies |
| 25 | to the Revenue Sharing Trust Fund for Municipalities |
| 26 | for distribution; granting specified powers to a |
| 27 | designated redevelopment agency for a sales tax |
| 28 | increment redevelopment district for the purpose of |
| 29 | providing financing and fostering certain public and |
| 30 | private improvements, including issuing revenue bonds; |
| 31 | requiring that an agreement between a designated |
| 32 | redevelopment agency and private sponsor of a project |
| 33 | include a requirement that a specified number of jobs |
| 34 | be created under certain circumstances; providing an |
| 35 | effective date. |
| 36 |
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| 37 | Be It Enacted by the Legislature of the State of Florida: |
| 38 |
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| 39 | Section 1. Subsection (6) of section 212.20, Florida |
| 40 | Statutes, is amended to read: |
| 41 | 212.20 Funds collected, disposition; additional powers of |
| 42 | department; operational expense; refund of taxes adjudicated |
| 43 | unconstitutionally collected.- |
| 44 | (6) Distribution of all proceeds under this chapter and s. |
| 45 | 202.18(1)(b) and (2)(b) shall be as follows: |
| 46 | (a) Proceeds from the convention development taxes |
| 47 | authorized under s. 212.0305 shall be reallocated to the |
| 48 | Convention Development Tax Clearing Trust Fund. |
| 49 | (b) Proceeds from discretionary sales surtaxes imposed |
| 50 | pursuant to ss. 212.054 and 212.055 shall be reallocated to the |
| 51 | Discretionary Sales Surtax Clearing Trust Fund. |
| 52 | (c) Proceeds from the fees imposed under ss. |
| 53 | 212.05(1)(h)3. and 212.18(3) shall remain with the General |
| 54 | Revenue Fund. |
| 55 | (d) The proceeds of all other taxes and fees imposed |
| 56 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
| 57 | and (2)(b) shall be distributed as follows: |
| 58 | 1. In any fiscal year, the greater of $500 million, minus |
| 59 | an amount equal to 4.6 percent of the proceeds of the taxes |
| 60 | collected pursuant to chapter 201, or 5.2 percent of all other |
| 61 | taxes and fees imposed pursuant to this chapter or remitted |
| 62 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
| 63 | monthly installments into the General Revenue Fund. |
| 64 | 2. After the distribution under subparagraph 1., 8.814 |
| 65 | percent of the amount remitted by a sales tax dealer located |
| 66 | within a participating county pursuant to s. 218.61 shall be |
| 67 | transferred into the Local Government Half-cent Sales Tax |
| 68 | Clearing Trust Fund. Beginning July 1, 2003, the amount to be |
| 69 | transferred shall be reduced by 0.1 percent, and the department |
| 70 | shall distribute this amount to the Public Employees Relations |
| 71 | Commission Trust Fund less $5,000 each month, which shall be |
| 72 | added to the amount calculated in subparagraph 3. and |
| 73 | distributed accordingly. |
| 74 | 3. After the distribution under subparagraphs 1. and 2., |
| 75 | 0.095 percent shall be transferred to the Local Government Half- |
| 76 | cent Sales Tax Clearing Trust Fund and distributed pursuant to |
| 77 | s. 218.65. |
| 78 | 4. After the distributions under subparagraphs 1., 2., and |
| 79 | 3., 2.0440 percent of the available proceeds shall be |
| 80 | transferred monthly to the Revenue Sharing Trust Fund for |
| 81 | Counties pursuant to s. 218.215. |
| 82 | 5. After the distributions under subparagraphs 1., 2., and |
| 83 | 3., 1.3409 percent of the available proceeds plus the amount |
| 84 | required under s. 290.017(3) shall be transferred monthly to the |
| 85 | Revenue Sharing Trust Fund for Municipalities pursuant to s. |
| 86 | 218.215. If the total revenue to be distributed pursuant to this |
| 87 | subparagraph is at least as great as the amount due from the |
| 88 | Revenue Sharing Trust Fund for Municipalities and the former |
| 89 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 90 | 1999-2000, no municipality shall receive less than the amount |
| 91 | due from the Revenue Sharing Trust Fund for Municipalities and |
| 92 | the former Municipal Financial Assistance Trust Fund in state |
| 93 | fiscal year 1999-2000. If the total proceeds to be distributed |
| 94 | are less than the amount received in combination from the |
| 95 | Revenue Sharing Trust Fund for Municipalities and the former |
| 96 | Municipal Financial Assistance Trust Fund in state fiscal year |
| 97 | 1999-2000, each municipality shall receive an amount |
| 98 | proportionate to the amount it was due in state fiscal year |
| 99 | 1999-2000. |
| 100 | 6. Of the remaining proceeds: |
| 101 | a. In each fiscal year, the sum of $29,915,500 shall be |
| 102 | divided into as many equal parts as there are counties in the |
| 103 | state, and one part shall be distributed to each county. The |
| 104 | distribution among the several counties must begin each fiscal |
| 105 | year on or before January 5th and continue monthly for a total |
| 106 | of 4 months. If a local or special law required that any moneys |
| 107 | accruing to a county in fiscal year 1999-2000 under the then- |
| 108 | existing provisions of s. 550.135 be paid directly to the |
| 109 | district school board, special district, or a municipal |
| 110 | government, such payment must continue until the local or |
| 111 | special law is amended or repealed. The state covenants with |
| 112 | holders of bonds or other instruments of indebtedness issued by |
| 113 | local governments, special districts, or district school boards |
| 114 | before July 1, 2000, that it is not the intent of this |
| 115 | subparagraph to adversely affect the rights of those holders or |
| 116 | relieve local governments, special districts, or district school |
| 117 | boards of the duty to meet their obligations as a result of |
| 118 | previous pledges or assignments or trusts entered into which |
| 119 | obligated funds received from the distribution to county |
| 120 | governments under then-existing s. 550.135. This distribution |
| 121 | specifically is in lieu of funds distributed under s. 550.135 |
| 122 | before July 1, 2000. |
| 123 | b. The department shall distribute $166,667 monthly |
| 124 | pursuant to s. 288.1162 to each applicant certified as a |
| 125 | facility for a new or retained professional sports franchise |
| 126 | pursuant to s. 288.1162. Up to $41,667 shall be distributed |
| 127 | monthly by the department to each certified applicant as defined |
| 128 | in s. 288.11621 for a facility for a spring training franchise. |
| 129 | However, not more than $416,670 may be distributed monthly in |
| 130 | the aggregate to all certified applicants for facilities for |
| 131 | spring training franchises. Distributions begin 60 days after |
| 132 | such certification and continue for not more than 30 years, |
| 133 | except as otherwise provided in s. 288.11621. A certified |
| 134 | applicant identified in this sub-subparagraph may not receive |
| 135 | more in distributions than expended by the applicant for the |
| 136 | public purposes provided for in s. 288.1162(5) or s. |
| 137 | 288.11621(3). |
| 138 | c. Beginning 30 days after notice by the Department of |
| 139 | Economic Opportunity to the Department of Revenue that an |
| 140 | applicant has been certified as the professional golf hall of |
| 141 | fame pursuant to s. 288.1168 and is open to the public, $166,667 |
| 142 | shall be distributed monthly, for up to 300 months, to the |
| 143 | applicant. |
| 144 | d. Beginning 30 days after notice by the Department of |
| 145 | Economic Opportunity to the Department of Revenue that the |
| 146 | applicant has been certified as the International Game Fish |
| 147 | Association World Center facility pursuant to s. 288.1169, and |
| 148 | the facility is open to the public, $83,333 shall be distributed |
| 149 | monthly, for up to 168 months, to the applicant. This |
| 150 | distribution is subject to reduction pursuant to s. 288.1169. A |
| 151 | lump sum payment of $999,996 shall be made, after certification |
| 152 | and before July 1, 2000. |
| 153 | 7. All other proceeds must remain in the General Revenue |
| 154 | Fund. |
| 155 | Section 2. Subsection (3) of section 218.23, Florida |
| 156 | Statutes, is amended to read: |
| 157 | 218.23 Revenue sharing with units of local government.- |
| 158 | (3) The distribution to a unit of local government under |
| 159 | this part is determined by the following formula: |
| 160 | (a) First, the entitlement of an eligible unit of local |
| 161 | government shall be computed on the basis of the apportionment |
| 162 | factor provided in s. 218.245, which shall be applied for all |
| 163 | eligible units of local government to all receipts available for |
| 164 | distribution in the respective revenue sharing trust fund. |
| 165 | (b) Second, revenue shared with eligible units of local |
| 166 | government for any fiscal year shall be adjusted so that no |
| 167 | eligible unit of local government receives less funds than its |
| 168 | guaranteed entitlement. |
| 169 | (c) Third, revenues shared with counties for any fiscal |
| 170 | year shall be adjusted so that no county receives less funds |
| 171 | than its guaranteed entitlement plus the second guaranteed |
| 172 | entitlement for counties. |
| 173 | (d) Fourth, revenue shared with units of local government |
| 174 | for any fiscal year shall be adjusted so that no unit of local |
| 175 | government receives less funds than its minimum entitlement. |
| 176 | (e) Fifth, after the adjustments provided in paragraphs |
| 177 | (b), (c), and (d), the funds remaining in the respective trust |
| 178 | fund for municipalities shall be distributed to the appropriate |
| 179 | designated redevelopment agency eligible for a distribution |
| 180 | under s. 290.017. |
| 181 | (f)(e) Sixth Fifth, after the adjustments provided in |
| 182 | paragraphs (b), (c), and (d), and (e), and after deducting the |
| 183 | amount committed to all the units of local government, the funds |
| 184 | remaining in the respective trust funds shall be distributed to |
| 185 | those eligible units of local government which qualify to |
| 186 | receive additional moneys beyond the guaranteed entitlement, on |
| 187 | the basis of the additional money of each qualified unit of |
| 188 | local government in proportion to the total additional money of |
| 189 | all qualified units of local government. |
| 190 | Section 3. Section 290.017, Florida Statutes, is created |
| 191 | to read: |
| 192 | 290.017 Intent and purpose; sales tax increment |
| 193 | redevelopment districts.- |
| 194 | (1)(a) By authorizing the creation of sales tax increment |
| 195 | redevelopment districts within municipalities located within a |
| 196 | designated enterprise zone, the Legislature intends to generally |
| 197 | improve the economic conditions within the enterprise zone, and |
| 198 | particularly within the economically depressed area of a |
| 199 | municipality that comprises a sales tax increment redevelopment |
| 200 | district. |
| 201 | (b) By allowing the designated redevelopment agency for |
| 202 | the enterprise zone where the sales tax increment redevelopment |
| 203 | district is located to share with the state any annual increase |
| 204 | in sales tax collections, the Legislature intends to provide |
| 205 | local financing for public and private improvements that will |
| 206 | foster job growth and enhance the commercial base of local |
| 207 | merchants. |
| 208 | (2) Any municipality that has designated an enterprise |
| 209 | zone or all the governing bodies in the case of a county and one |
| 210 | or more municipalities having designated an enterprise zone may |
| 211 | adopt a resolution that creates a sales tax increment |
| 212 | redevelopment district within any municipality that is part of |
| 213 | or comprises an entire enterprise zone if the municipality has a |
| 214 | population greater than 250,000. The designated redevelopment |
| 215 | agency for the enterprise zone where the sales tax redevelopment |
| 216 | district is located is eligible for a percentage distribution |
| 217 | from the Revenue Sharing Trust Fund for Municipalities of the |
| 218 | increased collections of the state tax on sales, use, and other |
| 219 | transactions realized during any month by the municipality over |
| 220 | the same monthly period of the previous year, as follows: |
| 221 | (a) Eighty-five percent of the increase in collections of |
| 222 | less than $1 million. |
| 223 | (b) Seventy-five percent of the increased collections of |
| 224 | $1 million or more but less than $5 million. |
| 225 | (c) Fifty percent of the increased collections of $5 |
| 226 | million or more but less than $8 million. |
| 227 | (d) Twenty-five percent of the increased collections of $8 |
| 228 | million or more but less than $12 million. |
| 229 | (e) Zero percent of the increased collections of $12 |
| 230 | million or more. |
| 231 | (3) The specific amount payable to each eligible |
| 232 | designated redevelopment agency must be determined monthly by |
| 233 | the Department of Revenue for distribution to the appropriate |
| 234 | eligible designated redevelopment agency in accordance with |
| 235 | subsection (2). The Department of Revenue must determine monthly |
| 236 | the aggregate amount of sales tax revenue that is required for |
| 237 | distribution to eligible designated redevelopment agencies under |
| 238 | this section and transfer that amount from the General Revenue |
| 239 | Fund to the Revenue Sharing Trust Fund for Municipalities in |
| 240 | accordance with s. 212.20(6)(d)5. All amounts transferred to the |
| 241 | Revenue Sharing Trust Fund for Municipalities must be |
| 242 | distributed as provided in s. 218.23(3)(e). |
| 243 | (4) Unless prohibited by ordinance, for the purpose of |
| 244 | providing local financing for public and private improvements |
| 245 | that will foster job growth and enhance the commercial base of |
| 246 | local merchants in the sales tax increment redevelopment |
| 247 | district, the designated eligible redevelopment agency is |
| 248 | empowered to: |
| 249 | (a) Enter into cooperative contracts and agreements with a |
| 250 | county, municipality, governmental agency, or private entity for |
| 251 | services and assistance; |
| 252 | (b) Acquire, own, convey, construct, maintain, improve, |
| 253 | and manage property and facilities and grant and acquire |
| 254 | licenses, easements, and options with respect to such property; |
| 255 | (c) Accept grants and donations of property, labor, or |
| 256 | other things of value from any public or private source; |
| 257 | (d) Control the expenditure of funds legally available to |
| 258 | it, subject to limitations imposed by law or any valid agreement |
| 259 | or contract; |
| 260 | (e) Promote and advertise the commercial advantages of the |
| 261 | district in order to attract new businesses and encourage the |
| 262 | expansion of existing businesses; |
| 263 | (f) Promote and advertise the district to the public and |
| 264 | engage in cooperative advertising programs with businesses |
| 265 | located in the district; |
| 266 | (g) Identify areas with blighted influences and develop |
| 267 | programs for remediating such influences. |
| 268 | (h) If authorized or approved by resolution or ordinance |
| 269 | of the governing body that created the sales tax increment |
| 270 | redevelopment district, use the distribution of sales tax |
| 271 | proceeds provided for under this section for the purpose of |
| 272 | issuing revenue bonds to finance redevelopment of the district, |
| 273 | including the payment of principal and interest upon any |
| 274 | advances for surveys and plans or preliminary loans. |
| 275 | 1. Bonds issued under this paragraph do not constitute an |
| 276 | indebtedness within the meaning of any constitutional or |
| 277 | statutory debt limitation or restriction and are not subject to |
| 278 | the provisions of any other law or charter relating to the |
| 279 | authorization, issuance, or sale of bonds. Bonds issued under |
| 280 | this paragraph are declared to be issued for an essential public |
| 281 | and governmental purpose, and the interest and income from the |
| 282 | bonds are exempt from all taxes, except taxes imposed by chapter |
| 283 | 220 on corporations. |
| 284 | 2. Bonds issued under this paragraph may be issued in one |
| 285 | or more series and may bear such date or dates, be payable upon |
| 286 | demand or mature at such time or times, bear interest at such |
| 287 | rate or rates, be in such denomination or denominations, be in |
| 288 | such form either with or without coupon or registered, carry |
| 289 | such conversion or registration privileges, have such rank or |
| 290 | priority, be executed in such manner, be payable in such medium |
| 291 | of payment at such place or places, be subject to such terms of |
| 292 | redemption (with or without premium), be secured in such manner, |
| 293 | and have such other characteristics as may be provided by the |
| 294 | resolution or ordinance authorizing their issuance. Bonds issued |
| 295 | under this paragraph may be sold in such manner, either at |
| 296 | public or private sale, and for such price as the designated |
| 297 | redevelopment agency may determine will effectuate the purposes |
| 298 | of this section. |
| 299 | 3. In any suit, action, or proceeding involving the |
| 300 | validity or enforceability of any bond issued under this |
| 301 | paragraph, any bond that recites in substance that it has been |
| 302 | issued by the designated redevelopment agency in connection with |
| 303 | the sales tax increment district for a purpose authorized under |
| 304 | this section is conclusively presumed to have been issued for |
| 305 | that purpose, and any project financed by the bond is |
| 306 | conclusively presumed to have been planned and carried out in |
| 307 | accordance with the intended purposes of this section. |
| 308 |
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| 309 | If any sales tax proceeds distributed under this section are to |
| 310 | be expended in a manner that directly inures to the benefit of a |
| 311 | privately sponsored project in a designated enterprise zone or |
| 312 | in a sales tax increment redevelopment district created under |
| 313 | this section, the expenditure of such proceeds must be |
| 314 | contingent upon a negotiated development agreement between the |
| 315 | private sponsor and the applicable redevelopment agency that |
| 316 | includes a binding term requiring the creation of no less than |
| 317 | 500 full-time jobs. |
| 318 | Section 4. This act shall take effect July 1, 2012. |