Senate Bill 1650e1

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  1                      A bill to be entitled

  2         An act relating to revenue sharing with county

  3         governments; amending s. 199.292, F.S.;

  4         eliminating distribution of a portion of

  5         intangible personal property tax revenues to

  6         the Revenue Sharing Trust Fund for Counties;

  7         amending s. 212.20, F.S.; increasing the

  8         distribution of sales and use tax proceeds to

  9         the Local Government Half-cent Sales Tax

10         Clearing Trust Fund; providing for distribution

11         of a portion of sales and use tax proceeds to

12         the Revenue Sharing Trust Fund for Counties;

13         amending s. 218.23, F.S.; providing for an

14         annual distribution from the trust fund to

15         certain consolidated units of local government;

16         amending s. 218.25, F.S.; providing additional

17         assurance to holders of bonds secured by shared

18         funds; amending s. 288.1169, F.S.; correcting a

19         reference; repealing s. 218.251, F.S.; which

20         provides for an additional distribution to

21         certain consolidated governments, subject to

22         annual appropriations; providing an effective

23         date.

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

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27         Section 1.  Subsection (3) of section 199.292, Florida

28  Statutes, is amended to read:

29         199.292  Disposition of intangible personal property

30  taxes.--All intangible personal property taxes collected

31  pursuant to this chapter shall be placed in a special fund


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    CS for SB 1650                                 First Engrossed



  1  designated as the "Intangible Tax Trust Fund." The fund shall

  2  be disbursed as follows:

  3         (3)  Of the remaining intangible personal property

  4  taxes collected, the balance an amount equal to 35.3 percent

  5  in state fiscal year 1998-1999 and an amount equal to 37.7

  6  percent in each year thereafter, shall be transferred to the

  7  Revenue Sharing Trust Fund for Counties. Of the remaining

  8  taxes collected, an amount equal to 64.7 percent in state

  9  fiscal year 1998-1999 and an amount equal to 62.3 percent in

10  each year thereafter, shall be transferred to the General

11  Revenue Fund of the state.

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

13  212.20, Florida Statutes, is amended to read:

14         212.20  Funds collected, disposition; additional powers

15  of department; operational expense; refund of taxes

16  adjudicated unconstitutionally collected.--

17         (6)  Distribution of all proceeds under this chapter

18  shall be as follows:

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

20  pursuant to this chapter shall be distributed as follows:

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

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

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

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

25  deposited in monthly installments into the General Revenue

26  Fund.

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

28  the Solid Waste Management Trust Fund.

29         3.  After the distribution under subparagraphs 1. and

30  2., 9.653 percent of the amount remitted by a sales tax dealer

31  located within a participating county pursuant to s. 218.61


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

  2  Tax Clearing Trust Fund.

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

  4  and 3., 0.065 0.054 percent shall be transferred to the Local

  5  Government Half-cent Sales Tax Clearing Trust Fund and

  6  distributed pursuant to s. 218.65.

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

  8  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

  9  percent of the available proceeds pursuant to this paragraph

10  shall be transferred monthly to the Revenue Sharing Trust Fund

11  for Counties pursuant to s. 218.215.

12         6.5.  Of the remaining proceeds:

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

14  distributed monthly by the department to each applicant that

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

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

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

18  distributed monthly by the department to each applicant that

19  has been certified as a "new spring training franchise

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

21  60 days following such certification and shall continue for 30

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

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

24  distributions than actually expended by the applicant for the

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

26  certified applicant shall receive distributions up to the

27  maximum amount allowable and undistributed under this section

28  for additional renovations and improvements to the facility

29  for the franchise without additional certification.

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

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


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  1  Revenue that an applicant has been certified as the

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

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

  4  up to 300 months, to the applicant.

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

  6  Commerce to the Department of Revenue that the applicant has

  7  been certified as the International Game Fish Association

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

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

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

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

12         7.6.  All other proceeds shall remain with the General

13  Revenue Fund.

14         Section 3.  Section 218.23, Florida Statutes, is

15  amended to read:

16         218.23  Revenue sharing with units of local

17  government.--

18         (1)  To be eligible to participate in revenue sharing

19  beyond the minimum entitlement in any fiscal year, a unit of

20  local government is required to have:

21         (a)  Reported its finances for its most recently

22  completed fiscal year to the Department of Banking and

23  Finance, pursuant to s. 218.32.

24         (b)  Made provisions for annual postaudits of its

25  financial accounts in accordance with provisions of law.

26         (c)  Levied, as shown on its most recent financial

27  report pursuant to s. 218.32, ad valorem taxes, exclusive of

28  taxes levied for debt service or other special millages

29  authorized by the voters, to produce the revenue equivalent to

30  a millage rate of 3 mills on the dollar based on the 1973

31  taxable values as certified by the property appraiser pursuant


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  1  to s. 193.122(2) or, in order to produce revenue equivalent to

  2  that which would otherwise be produced by such 3-mill ad

  3  valorem tax, to have received a remittance from the county

  4  pursuant to s. 125.01(6)(a), collected an occupational license

  5  tax or a utility tax, levied an ad valorem tax, or received

  6  revenue from any combination of these four sources.  If a new

  7  municipality is incorporated, the provisions of this paragraph

  8  shall apply to the taxable values for the year of

  9  incorporation as certified by the property appraiser. This

10  paragraph requires only a minimum amount of revenue to be

11  raised from the ad valorem tax, the occupational license tax,

12  and the utility tax.  It does not require a minimum millage

13  rate.

14         (d)  Certified that persons in its employ as law

15  enforcement officers, as defined in s. 943.10(1), meet the

16  qualifications for employment as established by the Criminal

17  Justice Standards and Training Commission; that its salary

18  structure and salary plans meet the provisions of chapter 943;

19  and that no law enforcement officer is compensated for his or

20  her services at an annual salary rate of less than $6,000.

21  However, the department may waive the minimum law enforcement

22  officer salary requirement if a city or county certifies that

23  it is levying ad valorem taxes at 10 mills.

24         (e)  Certified that persons in its employ as

25  firefighters, as defined in s. 633.30(1), meet the

26  qualification for employment as established by the Division of

27  State Fire Marshal pursuant to the provisions of ss. 633.34

28  and 633.35 and that the provisions of s. 633.382 have been

29  met.

30         (f)  Certified that each dependent special district

31  that is budgeted separately from the general budget of the


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  1  local governing authority has met the provisions for annual

  2  postaudit of its financial accounts in accordance with the

  3  provisions of law.

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  5  Additionally, to receive its share of revenue sharing funds, a

  6  unit of local government shall certify to the Department of

  7  Revenue that the requirements of s. 200.065, if applicable,

  8  were met.  The certification shall be made annually within 30

  9  days of adoption of an ordinance or resolution establishing a

10  final property tax levy or, if no property tax is levied, not

11  later than November 1.  The portion of revenue sharing funds

12  which, pursuant to this part, would otherwise be distributed

13  to a unit of local government which has not certified

14  compliance or has otherwise failed to meet the requirements of

15  s. 200.065 shall be deposited in the General Revenue Fund for

16  the 12 months following a determination of noncompliance by

17  the department.

18         (2)  Any unit of local government which is consolidated

19  as provided by s. 9, Art. VIII of the State Constitution of

20  1885, as preserved by s. 6(e), Art. VIII of the 1968 revised

21  constitution, shall receive an annual distribution from the

22  Revenue Sharing Trust Fund for Counties equal to $6.24 times

23  its population.

24         (3)(2)  The distribution to a unit of local government

25  under this part is determined by the following formula:

26         (a)  First, the entitlement of an eligible unit of

27  local government shall be computed on the basis of the

28  apportionment factor provided in s. 218.245, which shall be

29  applied for all eligible units of local government to all

30  receipts available for distribution in the respective revenue

31  sharing trust fund.


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  1         (b)  Second, revenue shared with eligible units of

  2  local government for any fiscal year shall be adjusted so that

  3  no eligible unit of local government receives less funds than

  4  its guaranteed entitlement.

  5         (c)  Third, revenues shared with counties for any

  6  fiscal year shall be adjusted so that no county receives less

  7  funds than its guaranteed entitlement plus the second

  8  guaranteed entitlement for counties.

  9         (d)  Fourth, revenue shared with units of local

10  government for any fiscal year shall be adjusted so that no

11  unit of local government receives less funds than its minimum

12  entitlement.

13         (e)  Fifth, after the adjustments provided in

14  paragraphs (b), (c), and (d), and after deducting the amount

15  committed to all the units of local government, the funds

16  remaining in the respective trust funds shall be distributed

17  to those eligible units of local government which qualify to

18  receive additional moneys beyond the guaranteed entitlement,

19  on the basis of the additional money of each qualified unit of

20  local government in proportion to the total additional money

21  of all qualified units of local government.

22         (4)(3)  Notwithstanding the provisions of paragraph

23  (1)(c), no unit of local government which was eligible to

24  participate in revenue sharing in the 3 years prior to

25  initially participating in the local government half-cent

26  sales tax shall be ineligible to participate in revenue

27  sharing solely due to a millage or utility tax reduction

28  afforded by the local government half-cent sales tax.

29         Section 4.  Subsection (3) is added to section 218.25,

30  Florida Statutes, to read:

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  1         218.25  Limitation of shared funds; holders of bonds

  2  protected; limitation on use of second guaranteed entitlement

  3  for counties.--

  4         (3)  As an additional assurance to holders of bonds

  5  issued before April 18, 2000, which are secured by the

  6  guaranteed entitlement or second guaranteed entitlement for

  7  counties, or bonds issued to refund such bonds which mature no

  8  later than the bonds that they refunded and which result in a

  9  reduction of debt service payable in each fiscal year, it is

10  the intent of the Legislature that, to the extent the

11  elimination of tax sources dedicated to funding the guaranteed

12  entitlement or the second guaranteed entitlement for counties

13  or a reduction in the rate of assessment of such taxes results

14  in an inability of a county to pay debt service on such bonds,

15  the Legislature will provide alternative funding sources in an

16  amount sufficient to pay any deficit in the amount required

17  for such debt service. This commitment of the Legislature is

18  contingent on the county first using any funds available under

19  this part for the payment of such debt service.

20         Section 5.  Subsection (6) of section 288.1169, Florida

21  Statutes, is amended to read:

22         288.1169  International Game Fish Association World

23  Center facility; department duties.--

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

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

26  Fish Association World Center continues to be the only

27  international administrative headquarters, fishing museum, and

28  Hall of Fame in the United States recognized by the

29  International Game Fish Association, and that the project is

30  meeting the minimum projections for attendance or sales tax

31  revenues as required at the time of original certification.


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

  2  as meeting the minimum projections, then funding will be

  3  abated until certification criteria are met.  If the project

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

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

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

  7  $83,333 multiplied by a fraction, the numerator of which is

  8  the actual revenues generated and the denominator of which is

  9  $1 million.  Such reduction shall remain in effect until

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

11  or exceed $1 million.

12         Section 6.  Section 218.251, Florida Statutes, is

13  repealed.

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

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