Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/HB 7097, 1st Eng.
       
       
       
       
       
       
                                Ì947834BÎ947834                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2h/F/2R         .                                
             03/12/2020 06:46 PM       .                                
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       Senator Lee moved the following:
       
    1         Senate Amendment to Substitute Amendment (271678) (with
    2  title amendment)
    3  
    4         Between lines 1337 and 1338
    5  insert:
    6         Section 27. Paragraph (d) of subsection (6) of section
    7  212.20, Florida Statutes, is amended to read
    8         212.20 Funds collected, disposition; additional powers of
    9  department; operational expense; refund of taxes adjudicated
   10  unconstitutionally collected.—
   11         (6) Distribution of all proceeds under this chapter and ss.
   12  202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
   13         (d) The proceeds of all other taxes and fees imposed
   14  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
   15  and (2)(b) shall be distributed as follows:
   16         1. In any fiscal year, the greater of $500 million, minus
   17  an amount equal to 4.6 percent of the proceeds of the taxes
   18  collected pursuant to chapter 201, or 5.2 percent of all other
   19  taxes and fees imposed pursuant to this chapter or remitted
   20  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
   21  monthly installments into the General Revenue Fund.
   22         2. After the distribution under subparagraph 1., 8.9744
   23  percent of the amount remitted by a sales tax dealer located
   24  within a participating county pursuant to s. 218.61 shall be
   25  transferred into the Local Government Half-cent Sales Tax
   26  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
   27  transferred shall be reduced by 0.1 percent, and the department
   28  shall distribute this amount to the Public Employees Relations
   29  Commission Trust Fund less $5,000 each month, which shall be
   30  added to the amount calculated in subparagraph 3. and
   31  distributed accordingly.
   32         3. After the distribution under subparagraphs 1. and 2.,
   33  0.0966 percent shall be transferred to the Local Government
   34  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
   35  to s. 218.65.
   36         4. After the distributions under subparagraphs 1., 2., and
   37  3., 2.0810 percent of the available proceeds shall be
   38  transferred monthly to the Revenue Sharing Trust Fund for
   39  Counties pursuant to s. 218.215.
   40         5. After the distributions under subparagraphs 1., 2., and
   41  3., 1.3653 percent of the available proceeds shall be
   42  transferred monthly to the Revenue Sharing Trust Fund for
   43  Municipalities pursuant to s. 218.215. If the total revenue to
   44  be distributed pursuant to this subparagraph is at least as
   45  great as the amount due from the Revenue Sharing Trust Fund for
   46  Municipalities and the former Municipal Financial Assistance
   47  Trust Fund in state fiscal year 1999-2000, no municipality shall
   48  receive less than the amount due from the Revenue Sharing Trust
   49  Fund for Municipalities and the former Municipal Financial
   50  Assistance Trust Fund in state fiscal year 1999-2000. If the
   51  total proceeds to be distributed are less than the amount
   52  received in combination from the Revenue Sharing Trust Fund for
   53  Municipalities and the former Municipal Financial Assistance
   54  Trust Fund in state fiscal year 1999-2000, each municipality
   55  shall receive an amount proportionate to the amount it was due
   56  in state fiscal year 1999-2000.
   57         6. Of the remaining proceeds:
   58         a. In each fiscal year, the sum of $29,915,500 shall be
   59  divided into as many equal parts as there are counties in the
   60  state, and one part shall be distributed to each county. The
   61  distribution among the several counties must begin each fiscal
   62  year on or before January 5th and continue monthly for a total
   63  of 4 months. If a local or special law required that any moneys
   64  accruing to a county in fiscal year 1999-2000 under the then
   65  existing provisions of s. 550.135 be paid directly to the
   66  district school board, special district, or a municipal
   67  government, such payment must continue until the local or
   68  special law is amended or repealed. The state covenants with
   69  holders of bonds or other instruments of indebtedness issued by
   70  local governments, special districts, or district school boards
   71  before July 1, 2000, that it is not the intent of this
   72  subparagraph to adversely affect the rights of those holders or
   73  relieve local governments, special districts, or district school
   74  boards of the duty to meet their obligations as a result of
   75  previous pledges or assignments or trusts entered into which
   76  obligated funds received from the distribution to county
   77  governments under then-existing s. 550.135. This distribution
   78  specifically is in lieu of funds distributed under s. 550.135
   79  before July 1, 2000.
   80         b. The department shall distribute $166,667 monthly to each
   81  applicant certified as a facility for a new or retained
   82  professional sports franchise pursuant to s. 288.1162. Up to
   83  $41,667 shall be distributed monthly by the department to each
   84  certified applicant as defined in s. 288.11621 for a facility
   85  for a spring training franchise. However, not more than $416,670
   86  may be distributed monthly in the aggregate to all certified
   87  applicants for facilities for spring training franchises.
   88  Distributions begin 60 days after such certification and
   89  continue for not more than 30 years, except as otherwise
   90  provided in s. 288.11621. A certified applicant identified in
   91  this sub-subparagraph may not receive more in distributions than
   92  expended by the applicant for the public purposes provided in s.
   93  288.1162(5) or s. 288.11621(3).
   94         c. Beginning 30 days after notice by the Department of
   95  Economic Opportunity to the Department of Revenue that an
   96  applicant has been certified as the professional golf hall of
   97  fame pursuant to s. 288.1168 and is open to the public, $166,667
   98  shall be distributed monthly, for up to 300 months, to the
   99  applicant.
  100         d. Beginning 30 days after notice by the Department of
  101  Economic Opportunity to the Department of Revenue that the
  102  applicant has been certified as the International Game Fish
  103  Association World Center facility pursuant to s. 288.1169, and
  104  the facility is open to the public, $83,333 shall be distributed
  105  monthly, for up to 168 months, to the applicant. This
  106  distribution is subject to reduction pursuant to s. 288.1169. A
  107  lump sum payment of $999,996 shall be made after certification
  108  and before July 1, 2000.
  109         e. The department shall distribute up to $83,333 monthly to
  110  each certified applicant as defined in s. 288.11631 for a
  111  facility used by a single spring training franchise, or up to
  112  $166,667 monthly to each certified applicant as defined in s.
  113  288.11631 for a facility used by more than one spring training
  114  franchise. Monthly distributions begin 60 days after such
  115  certification or July 1, 2016, whichever is later, and continue
  116  for not more than 20 years to each certified applicant as
  117  defined in s. 288.11631 for a facility used by a single spring
  118  training franchise or not more than 25 years to each certified
  119  applicant as defined in s. 288.11631 for a facility used by more
  120  than one spring training franchise. A certified applicant
  121  identified in this sub-subparagraph may not receive more in
  122  distributions than expended by the applicant for the public
  123  purposes provided in s. 288.11631(3).
  124         f. Beginning 45 days after notice by the Department of
  125  Economic Opportunity to the Department of Revenue that an
  126  applicant has been approved by the Legislature and certified by
  127  the Department of Economic Opportunity under s. 288.11625 or
  128  upon a date specified by the Department of Economic Opportunity
  129  as provided under s. 288.11625(6)(d), the department shall
  130  distribute each month an amount equal to one-twelfth of the
  131  annual distribution amount certified by the Department of
  132  Economic Opportunity for the applicant. The department may not
  133  distribute more than $7 million in the 2014-2015 fiscal year or
  134  more than $13 million annually thereafter under this sub
  135  subparagraph.
  136         g.Beginning December 1, 2015, and ending June 30, 2016,
  137  the department shall distribute $26,286 monthly to the State
  138  Transportation Trust Fund. Beginning July 1, 2016, the
  139  department shall distribute $15,333 monthly to the State
  140  Transportation Trust Fund.
  141         7. All other proceeds must remain in the General Revenue
  142  Fund.
  143         Section 36. Section 288.11625, Florida Statutes, is
  144  repealed.
  145         Section 37. Subsection (2) and paragraph (c) of subsection
  146  (3) of section 218.64, Florida Statutes, are amended to read:
  147         218.64 Local government half-cent sales tax; uses;
  148  limitations.—
  149         (2) Municipalities shall expend their portions of the local
  150  government half-cent sales tax only for municipality-wide
  151  programs, for reimbursing the state as required pursuant to s.
  152  288.11625, or for municipality-wide property tax or municipal
  153  utility tax relief. All utility tax rate reductions afforded by
  154  participation in the local government half-cent sales tax shall
  155  be applied uniformly across all types of taxed utility services.
  156         (3) Subject to ordinances enacted by the majority of the
  157  members of the county governing authority and by the majority of
  158  the members of the governing authorities of municipalities
  159  representing at least 50 percent of the municipal population of
  160  such county, counties may use up to $3 million annually of the
  161  local government half-cent sales tax allocated to that county
  162  for any of the following purposes:
  163         (c) Reimbursing the state as required under s. 288.11625.
  164         Section 38. Paragraph (e) of subsection (2) of section
  165  288.0001, Florida Statutes, is amended to read:
  166         288.0001 Economic Development Programs Evaluation.—The
  167  Office of Economic and Demographic Research and the Office of
  168  Program Policy Analysis and Government Accountability (OPPAGA)
  169  shall develop and present to the Governor, the President of the
  170  Senate, the Speaker of the House of Representatives, and the
  171  chairs of the legislative appropriations committees the Economic
  172  Development Programs Evaluation.
  173         (2) The Office of Economic and Demographic Research and
  174  OPPAGA shall provide a detailed analysis of economic development
  175  programs as provided in the following schedule:
  176         (e) Beginning January 1, 2018, and every 3 years
  177  thereafter, an analysis of the Sports Development Program
  178  established under s. 288.11625.
  179         Section 39. Section 212.205, Florida Statutes, is amended
  180  to read:
  181         212.205 Sales tax distribution reporting.—By March 15 of
  182  each year, each person who received a distribution pursuant to
  183  s. 212.20(6)(d)6.b.-e. s. 212.20(6)(d)6.b.-f. in the preceding
  184  calendar year shall report to the Office of Economic and
  185  Demographic Research the following information:
  186         (1) An itemized accounting of all expenditures of the funds
  187  distributed in the preceding calendar year, including amounts
  188  spent on debt service.
  189         (2) A statement indicating what portion of the distributed
  190  funds have been pledged for debt service.
  191         (3) The original principal amount and current debt service
  192  schedule of any bonds or other borrowing for which the
  193  distributed funds have been pledged for debt service.
  194  
  195  ================= T I T L E  A M E N D M E N T ================
  196  And the title is amended as follows:
  197         Delete line 1924
  198  and insert:
  199         providing construction; amending s. 212.20, F.S.;
  200         conforming provisions to changes made by the act;
  201         repealing s. 288.11625, F.S., relating to the Sports
  202         Development Program; amending ss. 218.64, 288.0001,
  203         and 212.205, F.S.; conforming provisions to changes
  204         made by the act; creating s. 213.0537, F.S.;