House Bill 1493

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    Florida House of Representatives - 2000                HB 1493

        By Representatives Melvin, Kilmer, Patterson, Stansel,
    Boyd, Crady, Maygarden, Harrington, Murman and Posey





  1                      A bill to be entitled

  2         An act relating to revenue sharing with

  3         municipalities; amending s. 210.20, F.S.;

  4         eliminating distribution of a portion of

  5         cigarette tax revenues to the Municipal

  6         Financial Assistance Trust Fund and the Revenue

  7         Sharing Trust Fund for Municipalities; amending

  8         s. 212.20, F.S.; providing for annual

  9         distribution of a portion of sales and use tax

10         proceeds to the Revenue Sharing Trust Fund for

11         Municipalities; amending s. 218.21, F.S.;

12         revising the method for determining the

13         guaranteed entitlement for eligible

14         municipalities from the trust fund; specifying

15         the guaranteed entitlement applicable to

16         specified metropolitan or consolidated

17         governments; repealing s. 200.132, F.S., which

18         provides for a program of grants to

19         municipalities from the Municipal Financial

20         Assistance Trust Fund; repealing s.

21         218.245(2)(d), F.S., which provides an

22         adjustment applicable to such metropolitan or

23         consolidated governments in determining the

24         revenue sharing apportionment factor for

25         eligible municipalities; amending s. 11.45,

26         F.S.; providing for payment of certain

27         municipal audit costs from the Revenue Sharing

28         Trust Fund for Municipalities rather than the

29         Municipal Financial Assistance Trust Fund;

30         amending ss. 163.3184 and 288.1169, F.S., to

31         conform; providing an effective date.

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    Florida House of Representatives - 2000                HB 1493

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Paragraph (a) of subsection (2) of section

  4  210.20, Florida Statutes, is amended to read:

  5         210.20  Employees and assistants; distribution of

  6  funds.--

  7         (2)  As collections are received by the division from

  8  such cigarette taxes, it shall pay the same into a trust fund

  9  in the State Treasury designated "Cigarette Tax Collection

10  Trust Fund" which shall be paid and distributed as follows:

11         (a)  The division shall from month to month certify to

12  the Comptroller the amount derived from the cigarette tax

13  imposed by s. 210.02, less the service charges provided for in

14  s. 215.20 and less 0.9 percent of the amount derived from the

15  cigarette tax imposed by s. 210.02, which shall be deposited

16  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

17  the amounts to be transferred from the Cigarette Tax

18  Collection Trust Fund and credited on the basis of 5.8 percent

19  of the net collections to the Municipal Financial Assistance

20  Trust Fund, 32.4 percent of the net collections to the Revenue

21  Sharing Trust Fund for Municipalities, 2.9 percent of the net

22  collections to the Revenue Sharing Trust Fund for Counties,

23  and 29.3 percent of the net collections for the funding of

24  indigent health care to the Public Medical Assistance Trust

25  Fund.

26         Section 2.  Paragraph (f) of subsection (6) of section

27  212.20, Florida Statutes, is amended to read:

28         212.20  Funds collected, disposition; additional powers

29  of department; operational expense; refund of taxes

30  adjudicated unconstitutionally collected.--

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  1         (6)  Distribution of all proceeds under this chapter

  2  shall be as follows:

  3         (f)  The proceeds of all other taxes and fees imposed

  4  pursuant to this chapter shall be distributed as follows:

  5         1.  In any fiscal year, the greater of $500 million,

  6  minus an amount equal to 4.6 percent of the proceeds of the

  7  taxes collected pursuant to chapter 201, or 5 percent of all

  8  other taxes and fees imposed pursuant to this chapter shall be

  9  deposited in monthly installments into the General Revenue

10  Fund.

11         2.  Two-tenths of one percent shall be transferred to

12  the Solid Waste Management Trust Fund.

13         3.  After the distribution under subparagraphs 1. and

14  2., 9.653 percent of the amount remitted by a sales tax dealer

15  located within a participating county pursuant to s. 218.61

16  shall be transferred into the Local Government Half-cent Sales

17  Tax Clearing Trust Fund.

18         4.  After the distribution under subparagraphs 1., 2.,

19  and 3., 0.054 percent shall be transferred to the Local

20  Government Half-cent Sales Tax Clearing Trust Fund and

21  distributed pursuant to s. 218.65.

22         5.  After the distribution under subparagraphs 1., 2.,

23  3., and 4., 1.665 percent shall be transferred to the Revenue

24  Sharing Trust Fund for Municipalities pursuant to s. 218.215.

25         6.5.  Of the remaining proceeds:

26         a.  Beginning July 1, 1992, $166,667 shall be

27  distributed monthly by the department to each applicant that

28  has been certified as a "facility for a new professional

29  sports franchise" or a "facility for a retained professional

30  sports franchise" pursuant to s. 288.1162 and $41,667 shall be

31  distributed monthly by the department to each applicant that

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  1  has been certified as a "new spring training franchise

  2  facility" pursuant to s. 288.1162. Distributions shall begin

  3  60 days following such certification and shall continue for 30

  4  years. Nothing contained herein shall be construed to allow an

  5  applicant certified pursuant to s. 288.1162 to receive more in

  6  distributions than actually expended by the applicant for the

  7  public purposes provided for in s. 288.1162(7). However, a

  8  certified applicant shall receive distributions up to the

  9  maximum amount allowable and undistributed under this section

10  for additional renovations and improvements to the facility

11  for the franchise without additional certification.

12         b.  Beginning 30 days after notice by the Office of

13  Tourism, Trade, and Economic Development to the Department of

14  Revenue that an applicant has been certified as the

15  professional golf hall of fame pursuant to s. 288.1168 and is

16  open to the public, $166,667 shall be distributed monthly, for

17  up to 300 months, to the applicant.

18         c.  Beginning 30 days after notice by the Department of

19  Commerce to the Department of Revenue that the applicant has

20  been certified as the International Game Fish Association

21  World Center facility pursuant to s. 288.1169, and the

22  facility is open to the public, $83,333 shall be distributed

23  monthly, for up to 180 months, to the applicant.  This

24  distribution is subject to reduction pursuant to s. 288.1169.

25         7.6.  All other proceeds shall remain with the General

26  Revenue Fund.

27         Section 3.  Paragraph (b) of subsection (6) of section

28  218.21, Florida Statutes, is amended to read:

29         218.21  Definitions.--As used in this part, the

30  following words and terms shall have the meanings ascribed

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  1  them in this section, except where the context clearly

  2  indicates a different meaning:

  3         (6)  "Guaranteed entitlement" means the amount of

  4  revenue which must be shared with an eligible unit of local

  5  government so that:

  6         (b)  No eligible municipality shall receive less funds

  7  from the Revenue Sharing Trust Fund for Municipalities in any

  8  fiscal year than the aggregate amount it received from the

  9  state in fiscal year 1999-2000 1971-1972 under the provisions

10  of the then-existing s. 210.20(2)(a), tax on cigarettes; s.

11  323.16(3), road tax; and s. 206.605, tax on motor fuel.

12  However, any metropolitan or consolidated government, as

13  provided by exercising municipal powers under s. 3, s. 6(e),

14  or s. 6(f), Art. VIII of the State Constitution, shall may not

15  receive less than the aggregate amount it received from the

16  Revenue Sharing Trust Fund for Municipalities in the preceding

17  fiscal year, plus a percentage increase in such amount equal

18  to the percentage increase of the Revenue Sharing Trust Fund

19  for Municipalities for the preceding fiscal year.

20         Section 4.  Section 200.132 and paragraph (d) of

21  subsection (2) of section 218.245, Florida Statutes, are

22  repealed.

23         Section 5.  Paragraph (b) of subsection (3) of section

24  11.45, Florida Statutes, is amended to read:

25         11.45  Definitions; duties; audits; reports.--

26         (3)

27         (b)  The Legislative Auditing Committee shall direct

28  the Auditor General to make a financial audit of any

29  municipality whenever petitioned to do so by at least 20

30  percent of the electors of that municipality.  The supervisor

31  of elections of the county in which the municipality is

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  1  located shall certify whether or not the petition contains the

  2  signatures of at least 20 percent of the electors of the

  3  municipality. After the completion of the audit, the Auditor

  4  General shall determine whether the municipality has the

  5  fiscal resources necessary to pay the cost of the audit. The

  6  municipality shall pay the cost of the audit within 90 days

  7  after the Auditor General's determination that the

  8  municipality has the available resources. If the municipality

  9  fails to pay the cost of the audit, the Department of Revenue

10  shall, upon certification of the Auditor General, withhold

11  from that portion of the Revenue Sharing Trust Fund for

12  Municipalities municipal financial assistance trust fund for

13  municipalities which is derived from the cigarette tax imposed

14  under chapter 210, and which is distributable to such

15  municipality, a sum sufficient to pay the cost of the audit

16  and shall deposit that sum into the General Revenue Fund of

17  the state.

18         Section 6.  Paragraph (a) of subsection (11) of section

19  163.3184, Florida Statutes, is amended to read:

20         163.3184  Process for adoption of comprehensive plan or

21  plan amendment.--

22         (11)  ADMINISTRATION COMMISSION.--

23         (a)  If the Administration Commission, upon a hearing

24  pursuant to subsection (9) or subsection (10), finds that the

25  comprehensive plan or plan amendment is not in compliance with

26  this act, the commission shall specify remedial actions which

27  would bring the comprehensive plan or plan amendment into

28  compliance. The commission may direct state agencies not to

29  provide funds to increase the capacity of roads, bridges, or

30  water and sewer systems within the boundaries of those local

31  governmental entities which have comprehensive plans or plan

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  1  elements that are determined not to be in compliance.  The

  2  commission order may also specify that the local government

  3  shall not be eligible for grants administered under the

  4  following programs:

  5         1.  The Florida Small Cities Community Development

  6  Block Grant Program, as authorized by ss. 290.0401-290.049.

  7         2.  The Florida Recreation Development Assistance

  8  Program, as authorized by chapter 375.

  9         3.  Revenue sharing pursuant to ss. 206.60, 210.20, and

10  218.61 and chapter 212, to the extent not pledged to pay back

11  bonds.

12         Section 7.  Subsection (6) of section 288.1169, Florida

13  Statutes, is amended to read:

14         288.1169  International Game Fish Association World

15  Center facility; department duties.--

16         (6)  The Department of Commerce must recertify every 10

17  years that the facility is open, that the International Game

18  Fish Association World Center continues to be the only

19  international administrative headquarters, fishing museum, and

20  Hall of Fame in the United States recognized by the

21  International Game Fish Association, and that the project is

22  meeting the minimum projections for attendance or sales tax

23  revenues as required at the time of original certification.

24  If the facility is not recertified during this 10-year review

25  as meeting the minimum projections, then funding will be

26  abated until certification criteria are met.  If the project

27  fails to generate $1 million of annual revenues pursuant to

28  paragraph (2)(e), the distribution of revenues pursuant to s.

29  212.20(6)(f)6.5.c. shall be reduced to an amount equal to

30  $83,333 multiplied by a fraction, the numerator of which is

31  the actual revenues generated and the denominator of which is

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  1  $1 million.  Such reduction shall remain in effect until

  2  revenues generated by the project in a 12-month period equal

  3  or exceed $1 million.

  4         Section 8.  This act shall take effect July 1, 2000.

  5

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  7                          HOUSE SUMMARY

  8
      Eliminates distribution of a portion of cigarette tax
  9    revenues to the Municipal Financial Assistance Trust Fund
      and the Revenue Sharing Trust Fund for Municipalities and
10    provides for annual distribution of a portion of sales
      tax proceeds to the Revenue Sharing Trust Fund for
11    Municipalities. Revises the method for determining the
      guaranteed entitlement for eligible municipalities from
12    the Revenue Sharing Trust Fund for Municipalities.
      Specifies the guaranteed entitlement applicable to
13    specified metropolitan or consolidated governments, and
      deletes a special adjustment applicable to such
14    governments in determining the revenue sharing
      apportionment factor.
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