Senate Bill 1862

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    Florida Senate - 2000                                  SB 1862

    By Senator Horne





    6-908B-00

  1                      A bill to be entitled

  2         An act relating to revenue sharing with

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

  4         eliminating the transfer of intangible personal

  5         property tax revenue to the Revenue Sharing

  6         Trust Fund for Counties; amending s. 210.20,

  7         F.S.; eliminating the transfer of funds from

  8         the Cigarette Tax Collection Trust Fund to the

  9         Revenue Sharing Trust Fund for Counties;

10         amending s. 212.20, F.S.; providing for a

11         distribution of sales tax proceeds to the

12         Revenue Sharing Trust Fund for Counties;

13         amending s. 218.23, F.S.; providing a

14         distribution for a consolidated government;

15         repealing s. 218.251, F.S., relating to revenue

16         sharing with consolidated governments;

17         providing an effective date.

18

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

20

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

22  Statutes, is amended to read:

23         199.292  Disposition of intangible personal property

24  taxes.--All intangible personal property taxes collected

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

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

27  be disbursed as follows:

28         (3)  Of The remaining intangible personal property

29  taxes collected, an amount equal to 35.3 percent in state

30  fiscal year 1998-1999 and an amount equal to 37.7 percent in

31  each year thereafter, shall be transferred to the Revenue

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    Florida Senate - 2000                                  SB 1862
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  1  Sharing Trust Fund for Counties. Of the remaining taxes

  2  collected, an amount equal to 64.7 percent in state fiscal

  3  year 1998-1999 and an amount equal to 62.3 percent in each

  4  year thereafter, shall be transferred to the General Revenue

  5  Fund of the state.

  6         Section 2.  Paragraph (a) of subsection (2) of section

  7  210.20, Florida Statutes, is amended to read:

  8         210.20  Employees and assistants; distribution of

  9  funds.--

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

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

12  in the State Treasury designated "Cigarette Tax Collection

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

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

15  the Comptroller the amount derived from the cigarette tax

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

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

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

19  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

20  the amounts to be transferred from the Cigarette Tax

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

22  of the net collections to the Municipal Financial Assistance

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

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

25  collections to the Revenue Sharing Trust Fund for Counties,

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

27  indigent health care to the Public Medical Assistance Trust

28  Fund.

29         Section 3.  Paragraph (f) of subsection (6) of section

30  212.20, Florida Statutes, is amended to read:

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    Florida Senate - 2000                                  SB 1862
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  1         212.20  Funds collected, disposition; additional powers

  2  of department; operational expense; refund of taxes

  3  adjudicated unconstitutionally collected.--

  4         (6)  Distribution of all proceeds under this chapter

  5  shall be as follows:

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

  7  pursuant to this chapter shall be distributed as follows:

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

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

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

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

12  deposited in monthly installments into the General Revenue

13  Fund.

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

15  the Solid Waste Management Trust Fund.

16         3.  After the distribution under subparagraphs 1. and

17  2., 9.653 percent of the amount remitted by a sales tax dealer

18  located within a participating county pursuant to s. 218.61

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

20  Tax Clearing Trust Fund.

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

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

23  Government Half-cent Sales Tax Clearing Trust Fund and

24  distributed pursuant to s. 218.65.

25         5.  For sales tax proceeds received after July 1, 2000,

26  and after the distributions under subparagraphs 1.-4.,

27  one-twelfth of     percent of the prior fiscal year's

28  available proceeds under s. 212.20(6)(f) shall be transferred

29  to the Revenue Sharing Trust Fund for Counties under s.

30  218.215. However, the amount may never be less than the amount

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    Florida Senate - 2000                                  SB 1862
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  1  due counties as their guaranteed entitlement as that term is

  2  defined in s. 218.21(6)(b) and s. 218.21(10).

  3         6.5.  Of the remaining proceeds:

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

  5  distributed monthly by the department to each applicant that

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

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

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

  9  distributed monthly by the department to each applicant that

10  has been certified as a "new spring training franchise

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

12  60 days following such certification and shall continue for 30

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

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

15  distributions than actually expended by the applicant for the

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

17  certified applicant shall receive distributions up to the

18  maximum amount allowable and undistributed under this section

19  for additional renovations and improvements to the facility

20  for the franchise without additional certification.

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

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

23  Revenue that an applicant has been certified as the

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

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

26  up to 300 months, to the applicant.

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

28  Commerce to the Department of Revenue that the applicant has

29  been certified as the International Game Fish Association

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

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

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    Florida Senate - 2000                                  SB 1862
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  1  monthly, for up to 180 months, to the applicant.  This

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

  3         7.6.  All other proceeds shall remain with the General

  4  Revenue Fund.

  5         Section 4.  Section 218.23, Florida Statutes, is

  6  amended to read:

  7         218.23  Revenue sharing with units of local

  8  government.--

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

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

11  local government is required to have:

12         (a)  Reported its finances for its most recently

13  completed fiscal year to the Department of Banking and

14  Finance, pursuant to s. 218.32.

15         (b)  Made provisions for annual postaudits of its

16  financial accounts in accordance with provisions of law.

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

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

19  taxes levied for debt service or other special millages

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

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

22  taxable values as certified by the property appraiser pursuant

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

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

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

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

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

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

29  municipality is incorporated, the provisions of this paragraph

30  shall apply to the taxable values for the year of

31  incorporation as certified by the property appraiser. This

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    Florida Senate - 2000                                  SB 1862
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  1  paragraph requires only a minimum amount of revenue to be

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

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

  4  rate.

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

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

  7  qualifications for employment as established by the Criminal

  8  Justice Standards and Training Commission; that its salary

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

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

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

12  However, the department may waive the minimum law enforcement

13  officer salary requirement if a city or county certifies that

14  it is levying ad valorem taxes at 10 mills.

15         (e)  Certified that persons in its employ as

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

17  qualification for employment as established by the Division of

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

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

20  met.

21         (f)  Certified that each dependent special district

22  that is budgeted separately from the general budget of the

23  local governing authority has met the provisions for annual

24  postaudit of its financial accounts in accordance with the

25  provisions of law.

26

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

28  unit of local government shall certify to the Department of

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

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

31  days of adoption of an ordinance or resolution establishing a

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    Florida Senate - 2000                                  SB 1862
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  1  final property tax levy or, if no property tax is levied, not

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

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

  4  to a unit of local government which has not certified

  5  compliance or has otherwise failed to meet the requirements of

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

  7  the 12 months following a determination of noncompliance by

  8  the department.

  9         (2)  Any county, the government of which is

10  consolidated with that of one or more municipalities within

11  the county, shall receive an annual distribution equal to

12  $6.24 times its population. To be eligible for this

13  distribution, the consolidation must have occurred before

14  January 1, 2000.

15         (3)(2)  After the distribution under subsection (2),

16  the distribution to a unit of local government under this part

17  is determined by the following formula:

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

19  local government shall be computed on the basis of the

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

21  applied for all eligible units of local government to all

22  receipts available for distribution in the respective revenue

23  sharing trust fund.

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

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

26  no eligible unit of local government receives less funds than

27  its guaranteed entitlement.

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

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

30  funds than its guaranteed entitlement plus the second

31  guaranteed entitlement for counties.

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    Florida Senate - 2000                                  SB 1862
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  1         (d)  Fourth, revenue shared with units of local

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

  3  unit of local government receives less funds than its minimum

  4  entitlement.

  5         (e)  Fifth, after the adjustments provided in

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

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

  8  remaining in the respective trust funds shall be distributed

  9  to those eligible units of local government which qualify to

10  receive additional moneys beyond the guaranteed entitlement,

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

12  local government in proportion to the total additional money

13  of all qualified units of local government.

14         (4)(3)  Notwithstanding the provisions of paragraph

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

16  participate in revenue sharing in the 3 years prior to

17  initially participating in the local government half-cent

18  sales tax shall be ineligible to participate in revenue

19  sharing solely due to a millage or utility tax reduction

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

21         Section 5.  Section 218.251, Florida Statutes, is

22  repealed.

23         Section 6.  This act shall take effect July 1, 2000.

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26                          SENATE SUMMARY

27    Revises the method of sharing taxes with counties.

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