Florida Senate - 2015                                     SB 754
       By Senator Bullard
       39-00867-15                                            2015754__
    1                        A bill to be entitled                      
    2         An act relating to school safety; amending s. 212.20,
    3         F.S.; providing that state sales and use taxes
    4         collected on firearms and ammunition shall be
    5         allocated to the Safe Schools Trust Fund rather than
    6         the General Revenue Fund; amending s. 790.053, F.S.;
    7         providing that an exception to prohibition on the open
    8         carrying of weapons for certain nonlethal weapons does
    9         not apply to persons, other than school faculty or
   10         staff members, within school safety zones; creating s.
   11         790.0535, F.S.; providing that a person present within
   12         a school safety zone who is carrying a weapon or
   13         firearm in violation of specified provisions may avoid
   14         charges by surrendering the weapon or firearm to a
   15         specified person at the earliest opportunity if the
   16         person has committed no other offense involving the
   17         weapon or firearm within the zone; amending s. 790.06,
   18         F.S.; providing that a license to carry a concealed
   19         weapon or firearm does not authorize any person to
   20         openly carry a handgun or carry a concealed weapon or
   21         firearm in a school safety zone; amending s. 1006.025,
   22         F.S.; requiring a school district’s guidance plan to
   23         include mandatory guidance counseling for certain
   24         students in school safety issues; amending ss. 11.45,
   25         202.18, 218.245, 218.65, 288.11621, 288.11625,
   26         288.11631, and 288.1169, F.S.; conforming cross
   27         references; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Present paragraph (d) of subsection (6) of
   32  section 212.20, Florida Statutes, is redesignated as paragraph
   33  (e), and a new paragraph (d) is added to that subsection, to
   34  read:
   35         212.20 Funds collected, disposition; additional powers of
   36  department; operational expense; refund of taxes adjudicated
   37  unconstitutionally collected.—
   38         (6) Distribution of all proceeds under this chapter and ss.
   39  202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
   40         (d) Proceeds from the taxes collected under s. 212.06 on
   41  sales and use of ammunition, as defined in s. 790.001, or a
   42  firearm, as defined in s. 790.001, shall be distributed to the
   43  Safe Schools Trust Fund.
   44         Section 2. Section 790.053, Florida Statutes, is amended to
   45  read:
   46         790.053 Open carrying of weapons.—
   47         (1) Except as provided in subsection (2) or otherwise
   48  provided by law and in subsection (2), it is unlawful for any
   49  person to openly carry on or about his or her person any firearm
   50  or electric weapon or device. It is not a violation of this
   51  section for a person licensed to carry a concealed firearm as
   52  provided in s. 790.06(1), and who is lawfully carrying a firearm
   53  in a concealed manner, to briefly and openly display the firearm
   54  to the ordinary sight of another person, unless the firearm is
   55  intentionally displayed in an angry or threatening manner, not
   56  in necessary self-defense.
   57         (2)(a) A person may openly carry, for purposes of lawful
   58  self-defense:
   59         1.(a) A self-defense chemical spray.
   60         2.(b) A nonlethal stun gun or dart-firing stun gun or other
   61  nonlethal electric weapon or device that is designed solely for
   62  defensive purposes.
   63         (b) This subsection does not apply to a person, other than
   64  a school faculty or staff member, within a school safety zone as
   65  defined in s. 810.0975.
   66         (3) Any person violating this section commits a misdemeanor
   67  of the second degree, punishable as provided in s. 775.082 or s.
   68  775.083.
   69         Section 3. Section 790.0535, Florida Statutes, is created
   70  to read:
   71         790.0535 Surrender of weapon or firearm in school safety
   72  zone; immunity.—A person who is within a school safety zone, as
   73  defined in s. 810.0975, and is otherwise in violation of s.
   74  790.01, s. 790.053, or s. 790.06(12) due to the carrying of a
   75  weapon or firearm may not be charged with such violation if he
   76  or she:
   77         (1) At the earliest opportunity after entering the school
   78  safety zone surrenders the weapon or firearm to a law
   79  enforcement officer, school principal, or other person
   80  designated by the school principal.
   81         (2) Has committed no other violation of law involving the
   82  weapon or firearm while within the school safety zone.
   83         Section 4. Paragraph (a) of subsection (12) of section
   84  790.06, Florida Statutes, is amended to read:
   85         790.06 License to carry concealed weapon or firearm.—
   86         (12)(a) A license issued under this section does not
   87  authorize any person to openly carry a handgun or carry a
   88  concealed weapon or firearm into:
   89         1. Any place of nuisance as defined in s. 823.05;
   90         2. Any police, sheriff, or highway patrol station;
   91         3. Any detention facility, prison, or jail;
   92         4. Any courthouse;
   93         5. Any courtroom, except that nothing in this section would
   94  preclude a judge from carrying a concealed weapon or determining
   95  who will carry a concealed weapon in his or her courtroom;
   96         6. Any polling place;
   97         7. Any meeting of the governing body of a county, public
   98  school district, municipality, or special district;
   99         8. Any meeting of the Legislature or a committee thereof;
  100         9. Any school, college, or professional athletic event not
  101  related to firearms;
  102         10. Any school safety zone as defined in s. 810.0975 or any
  103  elementary or secondary school facility or administration
  104  building;
  105         11. Any career center;
  106         12. Any portion of an establishment licensed to dispense
  107  alcoholic beverages for consumption on the premises, which
  108  portion of the establishment is primarily devoted to such
  109  purpose;
  110         13. Any college or university facility unless the licensee
  111  is a registered student, employee, or faculty member of such
  112  college or university and the weapon is a stun gun or nonlethal
  113  electric weapon or device designed solely for defensive purposes
  114  and the weapon does not fire a dart or projectile;
  115         14. The inside of the passenger terminal and sterile area
  116  of any airport, provided that no person shall be prohibited from
  117  carrying any legal firearm into the terminal, which firearm is
  118  encased for shipment for purposes of checking such firearm as
  119  baggage to be lawfully transported on any aircraft; or
  120         15. Any place where the carrying of firearms is prohibited
  121  by federal law.
  122         Section 5. Subsection (4) is added to section 1006.025,
  123  Florida Statutes, to read:
  124         1006.025 Guidance services.—
  125         (4) Each school district’s guidance plan shall include
  126  mandatory guidance counseling in school safety issues for
  127  students in kindergarten through grade 5 using Florida’s School
  128  Counseling and Guidance Framework.
  129         Section 6. Paragraph (a) of subsection (5) of section
  130  11.45, Florida Statutes, is amended to read:
  131         11.45 Definitions; duties; authorities; reports; rules.—
  133         (a) The Legislative Auditing Committee shall direct the
  134  Auditor General to make an audit of any municipality whenever
  135  petitioned to do so by at least 20 percent of the registered
  136  electors in the last general election of that municipality
  137  pursuant to this subsection. The supervisor of elections of the
  138  county in which the municipality is located shall certify
  139  whether or not the petition contains the signatures of at least
  140  20 percent of the registered electors of the municipality. After
  141  the completion of the audit, the Auditor General shall determine
  142  whether the municipality has the fiscal resources necessary to
  143  pay the cost of the audit. The municipality shall pay the cost
  144  of the audit within 90 days after the Auditor General’s
  145  determination that the municipality has the available resources.
  146  If the municipality fails to pay the cost of the audit, the
  147  Department of Revenue shall, upon certification of the Auditor
  148  General, withhold from that portion of the distribution pursuant
  149  to s. 212.20(6)(e)5. 212.20(6)(d)5. which is distributable to
  150  such municipality, a sum sufficient to pay the cost of the audit
  151  and shall deposit that sum into the General Revenue Fund of the
  152  state.
  153         Section 7. Paragraph (b) of subsection (2) of section
  154  202.18, Florida Statutes, is amended to read:
  155         202.18 Allocation and disposition of tax proceeds.—The
  156  proceeds of the communications services taxes remitted under
  157  this chapter shall be treated as follows:
  158         (2) The proceeds of the taxes remitted under s.
  159  202.12(1)(b) shall be divided as follows:
  160         (b) Sixty-three percent of the remainder shall be allocated
  161  to the state and distributed pursuant to s. 212.20(6), except
  162  that the proceeds allocated pursuant to s. 212.20(6)(e)2.
  163  212.20(6)(d)2. shall be prorated to the participating counties
  164  in the same proportion as that month’s collection of the taxes
  165  and fees imposed pursuant to chapter 212 and paragraph (1)(b).
  166         Section 8. Subsection (3) of section 218.245, Florida
  167  Statutes, is amended to read:
  168         218.245 Revenue sharing; apportionment.—
  169         (3) Revenues attributed to the increase in distribution to
  170  the Revenue Sharing Trust Fund for Municipalities pursuant to s.
  171  212.20(6)(e)5. 212.20(6)(d)5. from 1.0715 percent to 1.3409
  172  percent provided in chapter 2003-402, Laws of Florida, shall be
  173  distributed to each eligible municipality and any unit of local
  174  government that is consolidated as provided by s. 9, Art. VIII
  175  of the State Constitution of 1885, as preserved by s. 6(e), Art.
  176  VIII, 1968 revised constitution, as follows: each eligible local
  177  government’s allocation shall be based on the amount it received
  178  from the half-cent sales tax under s. 218.61 in the prior state
  179  fiscal year divided by the total receipts under s. 218.61 in the
  180  prior state fiscal year for all eligible local governments.
  181  However, for the purpose of calculating this distribution, the
  182  amount received from the half-cent sales tax under s. 218.61 in
  183  the prior state fiscal year by a unit of local government which
  184  is consolidated as provided by s. 9, Art. VIII of the State
  185  Constitution of 1885, as amended, and as preserved by s. 6(e),
  186  Art. VIII, of the Constitution as revised in 1968, shall be
  187  reduced by 50 percent for such local government and for the
  188  total receipts. For eligible municipalities that began
  189  participating in the allocation of half-cent sales tax under s.
  190  218.61 in the previous state fiscal year, their annual receipts
  191  shall be calculated by dividing their actual receipts by the
  192  number of months they participated, and the result multiplied by
  193  12.
  194         Section 9. Subsections (5), (6), and (7) of section 218.65,
  195  Florida Statutes, are amended to read:
  196         218.65 Emergency distribution.—
  197         (5) At the beginning of each fiscal year, the Department of
  198  Revenue shall calculate a base allocation for each eligible
  199  county equal to the difference between the current per capita
  200  limitation times the county’s population, minus prior year
  201  ordinary distributions to the county pursuant to ss.
  202  212.20(6)(e)2. 212.20(6)(d)2., 218.61, and 218.62. If moneys
  203  deposited into the Local Government Half-cent Sales Tax Clearing
  204  Trust Fund pursuant to s. 212.20(6)(e)3. 212.20(6)(d)3.,
  205  excluding moneys appropriated for supplemental distributions
  206  pursuant to subsection (8), for the current year are less than
  207  or equal to the sum of the base allocations, each eligible
  208  county shall receive a share of the appropriated amount
  209  proportional to its base allocation. If the deposited amount
  210  exceeds the sum of the base allocations, each county shall
  211  receive its base allocation, and the excess appropriated amount,
  212  less any amounts distributed under subsection (6), shall be
  213  distributed equally on a per capita basis among the eligible
  214  counties.
  215         (6) If moneys deposited in the Local Government Half-cent
  216  Sales Tax Clearing Trust Fund pursuant to s. 212.20(6)(e)3.
  217  212.20(6)(d)3. exceed the amount necessary to provide the base
  218  allocation to each eligible county, the moneys in the trust fund
  219  may be used to provide a transitional distribution, as specified
  220  in this subsection, to certain counties whose population has
  221  increased. The transitional distribution shall be made available
  222  to each county that qualified for a distribution under
  223  subsection (2) in the prior year but does not, because of the
  224  requirements of paragraph (2)(a), qualify for a distribution in
  225  the current year. Beginning on July 1 of the year following the
  226  year in which the county no longer qualifies for a distribution
  227  under subsection (2), the county shall receive two-thirds of the
  228  amount received in the prior year, and beginning July 1 of the
  229  second year following the year in which the county no longer
  230  qualifies for a distribution under subsection (2), the county
  231  shall receive one-third of the amount it received in the last
  232  year it qualified for the distribution under subsection (2). If
  233  insufficient moneys are available in the Local Government Half
  234  cent Sales Tax Clearing Trust Fund to fully provide such a
  235  transitional distribution to each county that meets the
  236  eligibility criteria in this section, each eligible county shall
  237  receive a share of the available moneys proportional to the
  238  amount it would have received had moneys been sufficient to
  239  fully provide such a transitional distribution to each eligible
  240  county.
  241         (7) There is hereby annually appropriated from the Local
  242  Government Half-cent Sales Tax Clearing Trust Fund the
  243  distribution provided in s. 212.20(6)(e)3. 212.20(6)(d)3. to be
  244  used for emergency and supplemental distributions pursuant to
  245  this section.
  246         Section 10. Paragraphs (a) and (d) of subsection (3) of
  247  section 288.11621, Florida Statutes, are amended to read:
  248         288.11621 Spring training baseball franchises.—
  249         (3) USE OF FUNDS.—
  250         (a) A certified applicant may use funds provided under s.
  251  212.20(6)(e)6.b. 212.20(6)(d)6.b. only to:
  252         1. Serve the public purpose of acquiring, constructing,
  253  reconstructing, or renovating a facility for a spring training
  254  franchise.
  255         2. Pay or pledge for the payment of debt service on, or to
  256  fund debt service reserve funds, arbitrage rebate obligations,
  257  or other amounts payable with respect thereto, bonds issued for
  258  the acquisition, construction, reconstruction, or renovation of
  259  such facility, or for the reimbursement of such costs or the
  260  refinancing of bonds issued for such purposes.
  261         3. Assist in the relocation of a spring training franchise
  262  from one unit of local government to another only if the
  263  governing board of the current host local government by a
  264  majority vote agrees to relocation.
  265         (d)1. All certified applicants must place unexpended state
  266  funds received pursuant to s. 212.20(6)(e)6.b. 212.20(6)(d)6.b.
  267  in a trust fund or separate account for use only as authorized
  268  in this section.
  269         2. A certified applicant may request that the Department of
  270  Revenue suspend further distributions of state funds made
  271  available under s. 212.20(6)(e)6.b. 212.20(6)(d)6.b. for 12
  272  months after expiration of an existing agreement with a spring
  273  training franchise to provide the certified applicant with an
  274  opportunity to enter into a new agreement with a spring training
  275  franchise, at which time the distributions shall resume.
  276         3. The expenditure of state funds distributed to an
  277  applicant certified before July 1, 2010, must begin within 48
  278  months after the initial receipt of the state funds. In
  279  addition, the construction of, or capital improvements to, a
  280  spring training facility must be completed within 24 months
  281  after the project’s commencement.
  282         Section 11. Subsections (1) and (3), paragraph (a) of
  283  subsection (5), and paragraph (e) of subsection (7) of section
  284  288.11625, Florida Statutes, are amended to read:
  285         288.11625 Sports development.—
  286         (1) ADMINISTRATION.—The department shall serve as the state
  287  agency responsible for screening applicants for state funding
  288  under s. 212.20(6)(e)6.f. 212.20(6)(d)6.f.
  289         (3) PURPOSE.—The purpose of this section is to provide
  290  applicants state funding under s. 212.20(6)(e)6.f.
  291  212.20(6)(d)6.f. for the public purpose of constructing,
  292  reconstructing, renovating, or improving a facility.
  293         (5) EVALUATION PROCESS.—
  294         (a) Before recommending an applicant to receive a state
  295  distribution under s. 212.20(6)(e)6.f. 212.20(6)(d)6.f., the
  296  department must verify that:
  297         1. The applicant or beneficiary is responsible for the
  298  construction, reconstruction, renovation, or improvement of a
  299  facility and obtained at least three bids for the project.
  300         2. If the applicant is not a unit of local government, a
  301  unit of local government holds title to the property on which
  302  the facility and project are, or will be, located.
  303         3. If the applicant is a unit of local government in whose
  304  jurisdiction the facility is, or will be, located, the unit of
  305  local government has an exclusive intent agreement to negotiate
  306  in this state with the beneficiary.
  307         4. A unit of local government in whose jurisdiction the
  308  facility is, or will be, located supports the application for
  309  state funds. Such support must be verified by the adoption of a
  310  resolution, after a public hearing, that the project serves a
  311  public purpose.
  312         5. The applicant or beneficiary has not previously
  313  defaulted or failed to meet any statutory requirements of a
  314  previous state-administered sports-related program under s.
  315  288.1162, s. 288.11621, s. 288.11631, or this section.
  316  Additionally, the applicant or beneficiary is not currently
  317  receiving state distributions under s. 212.20 for the facility
  318  that is the subject of the application, unless the applicant
  319  demonstrates that the franchise that applied for a distribution
  320  under s. 212.20 no longer plays at the facility that is the
  321  subject of the application.
  322         6. The applicant or beneficiary has sufficiently
  323  demonstrated a commitment to employ residents of this state,
  324  contract with Florida-based firms, and purchase locally
  325  available building materials to the greatest extent possible.
  326         7. If the applicant is a unit of local government, the
  327  applicant has a certified copy of a signed agreement with a
  328  beneficiary for the use of the facility. If the applicant is a
  329  beneficiary, the beneficiary must enter into an agreement with
  330  the department. The applicant’s or beneficiary’s agreement must
  331  also require the following:
  332         a. The beneficiary must reimburse the state for state funds
  333  that will be distributed if the beneficiary relocates or no
  334  longer occupies or uses the facility as the facility’s primary
  335  tenant before the agreement expires. Reimbursements must be sent
  336  to the Department of Revenue for deposit into the General
  337  Revenue Fund.
  338         b. The beneficiary must pay for signage or advertising
  339  within the facility. The signage or advertising must be placed
  340  in a prominent location as close to the field of play or
  341  competition as is practicable, must be displayed consistent with
  342  signage or advertising in the same location and of like value,
  343  and must feature Florida advertising approved by the Florida
  344  Tourism Industry Marketing Corporation.
  345         8. The project will commence within 12 months after
  346  receiving state funds or did not commence before January 1,
  347  2013.
  348         (7) CONTRACT.—An applicant approved by the Legislature and
  349  certified by the department must enter into a contract with the
  350  department which:
  351         (e) Requires the applicant to reimburse the state by
  352  electing to do one of the following:
  353         1. After all distributions have been made, reimburse at the
  354  end of the contract term any amount by which the total
  355  distributions made under s. 212.20(6)(e)6.f. 212.20(6)(d)6.f.
  356  exceed actual new incremental state sales taxes generated by
  357  sales at the facility during the contract, plus a 5 percent
  358  penalty on that amount.
  359         2. After the applicant begins to submit the independent
  360  analysis under paragraph (c), reimburse each year any amount by
  361  which the previous year’s annual distribution exceeds 75 percent
  362  of the actual new incremental state sales taxes generated by
  363  sales at the facility.
  365  Any reimbursement due to the state must be made within 90 days
  366  after the applicable distribution under this paragraph. If the
  367  applicant is unable or unwilling to reimburse the state for such
  368  amount, the department may place a lien on the applicant’s
  369  facility. If the applicant is a municipality or county, it may
  370  reimburse the state from its half-cent sales tax allocation, as
  371  provided in s. 218.64(3). Reimbursements must be sent to the
  372  Department of Revenue for deposit into the General Revenue Fund.
  373         Section 12. Paragraph (c) of subsection (2) and paragraphs
  374  (a), (c), and (d) of subsection (3) of section 288.11631,
  375  Florida Statutes, are amended to read:
  376         288.11631 Retention of Major League Baseball spring
  377  training baseball franchises.—
  378         (2) CERTIFICATION PROCESS.—
  379         (c) Each applicant certified on or after July 1, 2013,
  380  shall enter into an agreement with the department which:
  381         1. Specifies the amount of the state incentive funding to
  382  be distributed. The amount of state incentive funding per
  383  certified applicant may not exceed $20 million. However, if a
  384  certified applicant’s facility is used by more than one spring
  385  training franchise, the maximum amount may not exceed $50
  386  million, and the Department of Revenue shall make distributions
  387  to the applicant pursuant to s. 212.20(6)(e)6.e.
  388  212.20(6)(d)6.e.
  389         2. States the criteria that the certified applicant must
  390  meet in order to remain certified. These criteria must include a
  391  provision stating that the spring training franchise must
  392  reimburse the state for any funds received if the franchise does
  393  not comply with the terms of the contract. If bonds were issued
  394  to construct or renovate a facility for a spring training
  395  franchise, the required reimbursement must be equal to the total
  396  amount of state distributions expected to be paid from the date
  397  the franchise violates the agreement with the applicant through
  398  the final maturity of the bonds.
  399         3. States that the certified applicant is subject to
  400  decertification if the certified applicant fails to comply with
  401  this section or the agreement.
  402         4. States that the department may recover state incentive
  403  funds if the certified applicant is decertified.
  404         5. Specifies the information that the certified applicant
  405  must report to the department.
  406         6. Includes any provision deemed prudent by the department.
  407         (3) USE OF FUNDS.—
  408         (a) A certified applicant may use funds provided under s.
  409  212.20(6)(e)6.e. 212.20(6)(d)6.e. only to:
  410         1. Serve the public purpose of constructing or renovating a
  411  facility for a spring training franchise.
  412         2. Pay or pledge for the payment of debt service on, or to
  413  fund debt service reserve funds, arbitrage rebate obligations,
  414  or other amounts payable with respect thereto, bonds issued for
  415  the construction or renovation of such facility, or for the
  416  reimbursement of such costs or the refinancing of bonds issued
  417  for such purposes.
  418         (c) The Department of Revenue may not distribute funds
  419  under s. 212.20(6)(e)6.e. 212.20(6)(d)6.e. until July 1, 2016.
  420  Further, the Department of Revenue may not distribute funds to
  421  an applicant certified on or after July 1, 2013, until it
  422  receives notice from the department that:
  423         1. The certified applicant has encumbered funds under
  424  either subparagraph (a)1. or subparagraph (a)2.; and
  425         2. If applicable, any existing agreement with a spring
  426  training franchise for the use of a facility has expired.
  427         (d)1. All certified applicants shall place unexpended state
  428  funds received pursuant to s. 212.20(6)(e)6.e. 212.20(6)(d)6.e.
  429  in a trust fund or separate account for use only as authorized
  430  in this section.
  431         2. A certified applicant may request that the department
  432  notify the Department of Revenue to suspend further
  433  distributions of state funds made available under s.
  434  212.20(6)(e)6.e. 212.20(6)(d)6.e. for 12 months after expiration
  435  of an existing agreement with a spring training franchise to
  436  provide the certified applicant with an opportunity to enter
  437  into a new agreement with a spring training franchise, at which
  438  time the distributions shall resume.
  439         3. The expenditure of state funds distributed to an
  440  applicant certified after July 1, 2013, must begin within 48
  441  months after the initial receipt of the state funds. In
  442  addition, the construction or renovation of a spring training
  443  facility must be completed within 24 months after the project’s
  444  commencement.
  445         Section 13. Subsection (6) of section 288.1169, Florida
  446  Statutes, is amended to read:
  447         288.1169 International Game Fish Association World Center
  448  facility.—
  449         (6) The department must recertify every 10 years that the
  450  facility is open, that the International Game Fish Association
  451  World Center continues to be the only international
  452  administrative headquarters, fishing museum, and Hall of Fame in
  453  the United States recognized by the International Game Fish
  454  Association, and that the project is meeting the minimum
  455  projections for attendance or sales tax revenues as required at
  456  the time of original certification. If the facility is not
  457  recertified during this 10-year review as meeting the minimum
  458  projections, then funding shall be abated until certification
  459  criteria are met. If the project fails to generate $1 million of
  460  annual revenues pursuant to paragraph (2)(e), the distribution
  461  of revenues pursuant to s. 212.20(6)(e)6.d. 212.20(6)(d)6.d.
  462  shall be reduced to an amount equal to $83,333 multiplied by a
  463  fraction, the numerator of which is the actual revenues
  464  generated and the denominator of which is $1 million. Such
  465  reduction remains in effect until revenues generated by the
  466  project in a 12-month period equal or exceed $1 million.
  467         Section 14. This act shall take effect July 1, 2015.