Senate Bill 1536c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                           CS for SB 1536

    By the Committee on Fiscal Resource and Senators Klein and
    Dyer




    314-1990-00

  1                      A bill to be entitled

  2         An act relating to revenue sharing with

  3         municipal governments; amending s. 210.20,

  4         F.S.; eliminating transfers of net cigarette

  5         tax collections to the Municipal Financial

  6         Assistance Trust Fund and Revenue Sharing Trust

  7         Fund for Municipalities; amending s. 212.20,

  8         F.S.; authorizing a distribution to the Revenue

  9         Sharing Trust Fund for Municipalities; amending

10         s. 288.1169, F.S.; revising a cross reference,

11         to conform; amending s. 218.21, F.S.;

12         redefining the term "guaranteed entitlement" as

13         applied to eligible municipalities; repealing

14         s. 200.132, F.S., relating to the Municipal

15         Financial Assistance Trust Fund; amending s.

16         11.45, F.S.; revising a reference, to conform;

17         providing an effective date.

18

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

20

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

22  210.20, Florida Statutes, is amended to read:

23         210.20  Employees and assistants; distribution of

24  funds.--

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

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

27  in the State Treasury designated "Cigarette Tax Collection

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

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

30  the Comptroller the amount derived from the cigarette tax

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

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1536
    314-1990-00




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

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

  3  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

  4  the amounts to be transferred from the Cigarette Tax

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

  6  of the net collections to the Municipal Financial Assistance

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

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

  9  collections to the Revenue Sharing Trust Fund for Counties,

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

11  indigent health care to the Public Medical Assistance Trust

12  Fund.

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

14  212.20, Florida Statutes, is amended to read:

15         212.20  Funds collected, disposition; additional powers

16  of department; operational expense; refund of taxes

17  adjudicated unconstitutionally collected.--

18         (6)  Distribution of all proceeds under this chapter

19  shall be as follows:

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

21  pursuant to this chapter shall be distributed as follows:

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

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

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

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

26  deposited in monthly installments into the General Revenue

27  Fund.

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

29  the Solid Waste Management Trust Fund.

30         3.  After the distribution under subparagraphs 1. and

31  2., 9.653 percent of the amount remitted by a sales tax dealer

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1536
    314-1990-00




  1  located within a participating county pursuant to s. 218.61

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

  3  Tax Clearing Trust Fund.

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

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

  6  Government Half-cent Sales Tax Clearing Trust Fund and

  7  distributed pursuant to s. 218.65.

  8         5.  For proceeds received after July 1, 2000, and after

  9  the distributions under subparagraphs 1., 2., 3., and 4.,

10  one-twelfth of 1.09475 percent of the prior fiscal year's

11  available proceeds under this paragraph shall be transferred

12  monthly to the Revenue Sharing Trust Fund for Municipalities

13  pursuant to s. 218.215. However, the amount shall never be

14  less than the amount due municipalities as their guaranteed

15  entitlement as defined by s. 218.21(6)(b).

16         6.5.  Of the remaining proceeds:

17         a.  One hundred sixty-six thousand six hundred and

18  sixty-seven dollars Beginning July 1, 1992, $166,667 shall be

19  distributed monthly by the department to each applicant that

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

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

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

23  distributed monthly by the department to each applicant that

24  has been certified as a "new spring training franchise

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

26  60 days following such certification and shall continue for 30

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

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

29  distributions than actually expended by the applicant for the

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

31  certified applicant shall receive distributions up to the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1536
    314-1990-00




  1  maximum amount allowable and undistributed under this section

  2  for additional renovations and improvements to the facility

  3  for the franchise without additional certification.

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

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

  6  Revenue that an applicant has been certified as the

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

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

  9  up to 300 months, to the applicant.

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

11  Commerce to the Department of Revenue that the applicant has

12  been certified as the International Game Fish Association

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

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

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

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

17         7.6.  All other proceeds shall remain with the General

18  Revenue Fund.

19         Section 3.  Subsection (6) of section 288.1169, Florida

20  Statutes, is amended to read:

21         288.1169  International Game Fish Association World

22  Center facility; department duties.--

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

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

25  Fish Association World Center continues to be the only

26  international administrative headquarters, fishing museum, and

27  Hall of Fame in the United States recognized by the

28  International Game Fish Association, and that the project is

29  meeting the minimum projections for attendance or sales tax

30  revenues as required at the time of original certification.

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

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1536
    314-1990-00




  1  as meeting the minimum projections, then funding will be

  2  abated until certification criteria are met.  If the project

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

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

  5  212.20(6)(f)6.5.c. shall be reduced to an amount equal to

  6  $83,333 multiplied by a fraction, the numerator of which is

  7  the actual revenues generated and the denominator of which is

  8  $1 million.  Such reduction shall remain in effect until

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

10  or exceed $1 million.

11         Section 4.  Paragraph (b) of subsection (6) of section

12  218.21, Florida Statutes, is amended to read:

13         218.21  Definitions.--As used in this part, the

14  following words and terms shall have the meanings ascribed

15  them in this section, except where the context clearly

16  indicates a different meaning:

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

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

19  government so that:

20         (b)  In state fiscal year 2000-2001 and each state

21  fiscal year thereafter, no eligible municipality shall receive

22  less funds from the Revenue Sharing Trust Fund for

23  Municipalities in any fiscal year than 90 percent of the

24  aggregate amount it received from the state in fiscal year

25  1999-2000 1971-1972 under the provisions of the then-existing

26  s. 210.20(2)(a), tax on cigarettes; s. 206.879(1), state

27  alternative fuel fee s. 323.16(3), road tax; and s. 206.605,

28  tax on motor fuel. Any government exercising municipal powers

29  under s. 6(f), Art. VIII of the State Constitution may not

30  receive less than the aggregate amount it received from the

31  Revenue Sharing Trust Fund for Municipalities in the preceding

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1536
    314-1990-00




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

  2  to the percentage increase of the Revenue Sharing Trust Fund

  3  for Municipalities for the preceding fiscal year.

  4         Section 5.  Section 200.132, Florida Statutes, is

  5  repealed.

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

  7  11.45, Florida Statutes, is amended to read:

  8         11.45  Definitions; duties; audits; reports.--

  9         (3)

10         (b)  The Legislative Auditing Committee shall direct

11  the Auditor General to make a financial audit of any

12  municipality whenever petitioned to do so by at least 20

13  percent of the electors of that municipality.  The supervisor

14  of elections of the county in which the municipality is

15  located shall certify whether or not the petition contains the

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

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

18  General shall determine whether the municipality has the

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

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

21  after the Auditor General's determination that the

22  municipality has the available resources. If the municipality

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

24  shall, upon certification of the Auditor General, withhold

25  from that portion of the distribution pursuant to s.

26  212.20(6)(f)5. municipal financial assistance trust fund for

27  municipalities which is derived from the cigarette tax imposed

28  under chapter 210, and which is distributable to such

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

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

31  the state.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                           CS for SB 1536
    314-1990-00




  1         Section 7.  This act shall take effect July 1, 2000.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                             SB 1536

  5

  6  This committee substitute deletes provisions that replaced the
    municipal fuel tax and alternative fuel user fee with a sales
  7  and use tax distribution in the Municipal Revenue Sharing
    Trust Fund.
  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  7