Florida Senate - 2013                                    SB 1208
       
       
       
       By Senator Bullard
       
       
       
       
       39-01191A-13                                          20131208__
    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; creating s. 790.0535, F.S.;
    7         providing that a student present within a school
    8         safety zone who is carrying a weapon or firearm in
    9         violation of specified provisions may avoid charges by
   10         surrendering the weapon or firearm to a specified
   11         person at the earliest opportunity if the student has
   12         committed no other offense involving the weapon or
   13         firearm; amending s. 1006.025, F.S.; requiring a
   14         school district’s guidance plan to include mandatory
   15         guidance counseling for certain students in school
   16         safety issues; amending ss. 11.45, 202.18, 218.245,
   17         218.65, 288.11621, and 288.1169, F.S.; conforming
   18         cross-references; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (d) of subsection (6) of section
   23  212.20, Florida Statutes, is redesignated as paragraph (e), and
   24  a new paragraph (d) is added to that section, to read:
   25         212.20 Funds collected, disposition; additional powers of
   26  department; operational expense; refund of taxes adjudicated
   27  unconstitutionally collected.—
   28         (6) Distribution of all proceeds under this chapter and s.
   29  202.18(1)(b) and (2)(b) shall be as follows:
   30         (d) Proceeds from the taxes collected under s. 212.06 on
   31  sales and use of ammunition, as defined in s. 790.001, or a
   32  firearm, as defined in s. 790.001, shall be distributed to the
   33  Safe Schools Trust Fund.
   34         Section 2. Section 790.0535, Florida Statutes, is created
   35  to read:
   36         790.0535 Surrender of weapon or firearm in school safety
   37  zone; immunity.—A student who is within a school safety zone, as
   38  defined in s. 810.0975, and is otherwise in violation of s.
   39  790.01, s. 790.053, or s. 790.06(12) due to the carrying of a
   40  weapon or firearm may not be charged with such violation if he
   41  or she:
   42         (1) At the earliest opportunity after entering the school
   43  safety zone surrenders the weapon or firearm to a law
   44  enforcement officer, school principal, or other person
   45  designated by the school principal.
   46         (2) Has committed no other violation of law involving the
   47  weapon or firearm.
   48         Section 3. Subsection (4) is added to section 1006.025,
   49  Florida Statutes, to read:
   50         1006.025 Guidance services.—
   51         (4) Each school district’s guidance plan shall include
   52  mandatory guidance counseling in school safety issues for
   53  students in kindergarten through grade 5 using Florida’s School
   54  Counseling and Guidance Framework.
   55         Section 4. Paragraph (a) of subsection (5) of section
   56  11.45, Florida Statutes, is amended to read:
   57         11.45 Definitions; duties; authorities; reports; rules.—
   58         (5) PETITION FOR AN AUDIT BY THE AUDITOR GENERAL.—
   59         (a) The Legislative Auditing Committee shall direct the
   60  Auditor General to make an audit of any municipality whenever
   61  petitioned to do so by at least 20 percent of the registered
   62  electors in the last general election of that municipality
   63  pursuant to this subsection. The supervisor of elections of the
   64  county in which the municipality is located shall certify
   65  whether or not the petition contains the signatures of at least
   66  20 percent of the registered electors of the municipality. After
   67  the completion of the audit, the Auditor General shall determine
   68  whether the municipality has the fiscal resources necessary to
   69  pay the cost of the audit. The municipality shall pay the cost
   70  of the audit within 90 days after the Auditor General’s
   71  determination that the municipality has the available resources.
   72  If the municipality fails to pay the cost of the audit, the
   73  Department of Revenue shall, upon certification of the Auditor
   74  General, withhold from that portion of the distribution pursuant
   75  to s. 212.20(6)(e)5. 212.20(6)(d)5. which is distributable to
   76  such municipality, a sum sufficient to pay the cost of the audit
   77  and shall deposit that sum into the General Revenue Fund of the
   78  state.
   79         Section 5. Paragraph (b) of subsection (2) of section
   80  202.18, Florida Statutes, is amended to read:
   81         202.18 Allocation and disposition of tax proceeds.—The
   82  proceeds of the communications services taxes remitted under
   83  this chapter shall be treated as follows:
   84         (2) The proceeds of the taxes remitted under s.
   85  202.12(1)(b) shall be divided as follows:
   86         (b) Sixty-three percent of the remainder shall be allocated
   87  to the state and distributed pursuant to s. 212.20(6), except
   88  that the proceeds allocated pursuant to s. 212.20(6)(e)2.
   89  212.20(6)(d)2. shall be prorated to the participating counties
   90  in the same proportion as that month’s collection of the taxes
   91  and fees imposed pursuant to chapter 212 and paragraph (1)(b).
   92         Section 6. Subsection (3) of section 218.245, Florida
   93  Statutes, is amended to read:
   94         218.245 Revenue sharing; apportionment.—
   95         (3) Revenues attributed to the increase in distribution to
   96  the Revenue Sharing Trust Fund for Municipalities pursuant to s.
   97  212.20(6)(e)5. 212.20(6)(d)5. from 1.0715 percent to 1.3409
   98  percent provided in chapter 2003-402, Laws of Florida, shall be
   99  distributed to each eligible municipality and any unit of local
  100  government that is consolidated as provided by s. 9, Art. VIII
  101  of the State Constitution of 1885, as preserved by s. 6(e), Art.
  102  VIII, 1968 revised constitution, as follows: each eligible local
  103  government’s allocation shall be based on the amount it received
  104  from the half-cent sales tax under s. 218.61 in the prior state
  105  fiscal year divided by the total receipts under s. 218.61 in the
  106  prior state fiscal year for all eligible local governments.
  107  However, for the purpose of calculating this distribution, the
  108  amount received from the half-cent sales tax under s. 218.61 in
  109  the prior state fiscal year by a unit of local government which
  110  is consolidated as provided by s. 9, Art. VIII of the State
  111  Constitution of 1885, as amended, and as preserved by s. 6(e),
  112  Art. VIII, of the Constitution as revised in 1968, shall be
  113  reduced by 50 percent for such local government and for the
  114  total receipts. For eligible municipalities that began
  115  participating in the allocation of half-cent sales tax under s.
  116  218.61 in the previous state fiscal year, their annual receipts
  117  shall be calculated by dividing their actual receipts by the
  118  number of months they participated, and the result multiplied by
  119  12.
  120         Section 7. Subsections (5), (6), and (7) of section 218.65,
  121  Florida Statutes, are amended to read:
  122         218.65 Emergency distribution.—
  123         (5) At the beginning of each fiscal year, the Department of
  124  Revenue shall calculate a base allocation for each eligible
  125  county equal to the difference between the current per capita
  126  limitation times the county’s population, minus prior year
  127  ordinary distributions to the county pursuant to ss.
  128  212.20(6)(e)2. 212.20(6)(d)2., 218.61, and 218.62. If moneys
  129  deposited into the Local Government Half-cent Sales Tax Clearing
  130  Trust Fund pursuant to s. 212.20(6)(d)3., excluding moneys
  131  appropriated for supplemental distributions pursuant to
  132  subsection (8), for the current year are less than or equal to
  133  the sum of the base allocations, each eligible county shall
  134  receive a share of the appropriated amount proportional to its
  135  base allocation. If the deposited amount exceeds the sum of the
  136  base allocations, each county shall receive its base allocation,
  137  and the excess appropriated amount, less any amounts distributed
  138  under subsection (6), shall be distributed equally on a per
  139  capita basis among the eligible counties.
  140         (6) If moneys deposited in the Local Government Half-cent
  141  Sales Tax Clearing Trust Fund pursuant to s. 212.20(6)(e)3.
  142  212.20(6)(d)3. exceed the amount necessary to provide the base
  143  allocation to each eligible county, the moneys in the trust fund
  144  may be used to provide a transitional distribution, as specified
  145  in this subsection, to certain counties whose population has
  146  increased. The transitional distribution shall be made available
  147  to each county that qualified for a distribution under
  148  subsection (2) in the prior year but does not, because of the
  149  requirements of paragraph (2)(a), qualify for a distribution in
  150  the current year. Beginning on July 1 of the year following the
  151  year in which the county no longer qualifies for a distribution
  152  under subsection (2), the county shall receive two-thirds of the
  153  amount received in the prior year, and beginning July 1 of the
  154  second year following the year in which the county no longer
  155  qualifies for a distribution under subsection (2), the county
  156  shall receive one-third of the amount it received in the last
  157  year it qualified for the distribution under subsection (2). If
  158  insufficient moneys are available in the Local Government Half
  159  cent Sales Tax Clearing Trust Fund to fully provide such a
  160  transitional distribution to each county that meets the
  161  eligibility criteria in this section, each eligible county shall
  162  receive a share of the available moneys proportional to the
  163  amount it would have received had moneys been sufficient to
  164  fully provide such a transitional distribution to each eligible
  165  county.
  166         (7) There is hereby annually appropriated from the Local
  167  Government Half-cent Sales Tax Clearing Trust Fund the
  168  distribution provided in s. 212.20(6)(e)3. 212.20(6)(d)3. to be
  169  used for emergency and supplemental distributions pursuant to
  170  this section.
  171         Section 8. Paragraphs (a) and (d) of subsection (3) of
  172  section 288.11621, Florida Statutes, are amended to read:
  173         288.11621 Spring training baseball franchises.—
  174         (3) USE OF FUNDS.—
  175         (a) A certified applicant may use funds provided under s.
  176  212.20(6)(e)6.b. 212.20(6)(d)6.b. only to:
  177         1. Serve the public purpose of acquiring, constructing,
  178  reconstructing, or renovating a facility for a spring training
  179  franchise.
  180         2. Pay or pledge for the payment of debt service on, or to
  181  fund debt service reserve funds, arbitrage rebate obligations,
  182  or other amounts payable with respect thereto, bonds issued for
  183  the acquisition, construction, reconstruction, or renovation of
  184  such facility, or for the reimbursement of such costs or the
  185  refinancing of bonds issued for such purposes.
  186         3. Assist in the relocation of a spring training franchise
  187  from one unit of local government to another only if the
  188  governing board of the current host local government by a
  189  majority vote agrees to relocation.
  190         (d)1. All certified applicants must place unexpended state
  191  funds received pursuant to s. 212.20(6)(e)6.b. 212.20(6)(d)6.b.
  192  in a trust fund or separate account for use only as authorized
  193  in this section.
  194         2. A certified applicant may request that the Department of
  195  Revenue suspend further distributions of state funds made
  196  available under s. 212.20(6)(e)6.b. 212.20(6)(d)6.b. for 12
  197  months after expiration of an existing agreement with a spring
  198  training franchise to provide the certified applicant with an
  199  opportunity to enter into a new agreement with a spring training
  200  franchise, at which time the distributions shall resume.
  201         3. The expenditure of state funds distributed to an
  202  applicant certified before July 1, 2010, must begin within 48
  203  months after the initial receipt of the state funds. In
  204  addition, the construction of, or capital improvements to, a
  205  spring training facility must be completed within 24 months
  206  after the project’s commencement.
  207         Section 9. Subsection (6) of section 288.1169, Florida
  208  Statutes, is amended to read:
  209         288.1169 International Game Fish Association World Center
  210  facility.—
  211         (6) The department must recertify every 10 years that the
  212  facility is open, that the International Game Fish Association
  213  World Center continues to be the only international
  214  administrative headquarters, fishing museum, and Hall of Fame in
  215  the United States recognized by the International Game Fish
  216  Association, and that the project is meeting the minimum
  217  projections for attendance or sales tax revenues as required at
  218  the time of original certification. If the facility is not
  219  recertified during this 10-year review as meeting the minimum
  220  projections, then funding shall be abated until certification
  221  criteria are met. If the project fails to generate $1 million of
  222  annual revenues pursuant to paragraph (2)(e), the distribution
  223  of revenues pursuant to s. 212.20(6)(e)6.d. 212.20(6)(d)6.d.
  224  shall be reduced to an amount equal to $83,333 multiplied by a
  225  fraction, the numerator of which is the actual revenues
  226  generated and the denominator of which is $1 million. Such
  227  reduction remains in effect until revenues generated by the
  228  project in a 12-month period equal or exceed $1 million.
  229         Section 10. This act shall take effect July 1, 2013.