CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 2253
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Finance & Taxation offered the following:
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13 Amendment (with title amendment)
14 remove from the bill: everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Paragraph (a) of subsection (2) of section
18 210.20, Florida Statutes, is amended to read:
19 210.20 Employees and assistants; distribution of
20 funds.--
21 (2) As collections are received by the division from
22 such cigarette taxes, it shall pay the same into a trust fund
23 in the State Treasury designated "Cigarette Tax Collection
24 Trust Fund" which shall be paid and distributed as follows:
25 (a) The division shall from month to month certify to
26 the Comptroller the amount derived from the cigarette tax
27 imposed by s. 210.02, less the service charges provided for in
28 s. 215.20 and less 0.9 percent of the amount derived from the
29 cigarette tax imposed by s. 210.02, which shall be deposited
30 into the Alcoholic Beverage and Tobacco Trust Fund, specifying
31 the amounts to be transferred from the Cigarette Tax
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HOUSE AMENDMENT
Bill No. HB 2253
Amendment No. (for drafter's use only)
1 Collection Trust Fund and credited on the basis of 5.8 percent
2 of the net collections to the Municipal Financial Assistance
3 Trust Fund, 32.4 percent of the net collections to the Revenue
4 Sharing Trust Fund for Municipalities, 2.9 percent of the net
5 collections to the Revenue Sharing Trust Fund for Counties,
6 and 29.3 percent of the net collections for the funding of
7 indigent health care to the Public Medical Assistance Trust
8 Fund.
9 Section 2. Paragraph (f) of subsection (6) of section
10 212.20, Florida Statutes, is amended to read:
11 212.20 Funds collected, disposition; additional powers
12 of department; operational expense; refund of taxes
13 adjudicated unconstitutionally collected.--
14 (6) Distribution of all proceeds under this chapter
15 shall be as follows:
16 (f) The proceeds of all other taxes and fees imposed
17 pursuant to this chapter shall be distributed as follows:
18 1. In any fiscal year, the greater of $500 million,
19 minus an amount equal to 4.6 percent of the proceeds of the
20 taxes collected pursuant to chapter 201, or 5 percent of all
21 other taxes and fees imposed pursuant to this chapter shall be
22 deposited in monthly installments into the General Revenue
23 Fund.
24 2. Two-tenths of one percent shall be transferred to
25 the Solid Waste Management Trust Fund.
26 3. After the distribution under subparagraphs 1. and
27 2., 9.653 percent of the amount remitted by a sales tax dealer
28 located within a participating county pursuant to s. 218.61
29 shall be transferred into the Local Government Half-cent Sales
30 Tax Clearing Trust Fund.
31 4. After the distribution under subparagraphs 1., 2.,
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HOUSE AMENDMENT
Bill No. HB 2253
Amendment No. (for drafter's use only)
1 and 3., 0.054 percent shall be transferred to the Local
2 Government Half-cent Sales Tax Clearing Trust Fund and
3 distributed pursuant to s. 218.65.
4 5. For proceeds received after July 1, 2000, and after
5 the distributions under subparagraphs 1., 2., 3., and 4., 0.91
6 percent of the available proceeds pursuant to this paragraph
7 shall be transferred monthly to the Revenue Sharing Trust Fund
8 for Municipalities pursuant to s. 218.215.
9 6.5. Of the remaining proceeds:
10 a. One hundred sixty-six thousand six hundred and
11 sixty-seven dollars Beginning July 1, 1992, $166,667 shall be
12 distributed monthly by the department to each applicant that
13 has been certified as a "facility for a new professional
14 sports franchise" or a "facility for a retained professional
15 sports franchise" pursuant to s. 288.1162 and $41,667 shall be
16 distributed monthly by the department to each applicant that
17 has been certified as a "new spring training franchise
18 facility" pursuant to s. 288.1162. Distributions shall begin
19 60 days following such certification and shall continue for 30
20 years. Nothing contained herein shall be construed to allow an
21 applicant certified pursuant to s. 288.1162 to receive more in
22 distributions than actually expended by the applicant for the
23 public purposes provided for in s. 288.1162(7). However, a
24 certified applicant shall receive distributions up to the
25 maximum amount allowable and undistributed under this section
26 for additional renovations and improvements to the facility
27 for the franchise without additional certification.
28 b. Beginning 30 days after notice by the Office of
29 Tourism, Trade, and Economic Development to the Department of
30 Revenue that an applicant has been certified as the
31 professional golf hall of fame pursuant to s. 288.1168 and is
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HOUSE AMENDMENT
Bill No. HB 2253
Amendment No. (for drafter's use only)
1 open to the public, $166,667 shall be distributed monthly, for
2 up to 300 months, to the applicant.
3 c. Beginning 30 days after notice by the Department of
4 Commerce to the Department of Revenue that the applicant has
5 been certified as the International Game Fish Association
6 World Center facility pursuant to s. 288.1169, and the
7 facility is open to the public, $83,333 shall be distributed
8 monthly, for up to 180 months, to the applicant. This
9 distribution is subject to reduction pursuant to s. 288.1169.
10 7.6. All other proceeds shall remain with the General
11 Revenue Fund.
12 Section 3. 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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HOUSE AMENDMENT
Bill No. HB 2253
Amendment No. (for drafter's use only)
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 4. Paragraph (b) of subsection (3) of section
5 11.45, Florida Statutes, is amended to read:
6 11.45 Definitions; duties; audits; reports.--
7 (3)
8 (b) The Legislative Auditing Committee shall direct
9 the Auditor General to make a financial audit of any
10 municipality whenever petitioned to do so by at least 20
11 percent of the electors of that municipality. The supervisor
12 of elections of the county in which the municipality is
13 located shall certify whether or not the petition contains the
14 signatures of at least 20 percent of the electors of the
15 municipality. After the completion of the audit, the Auditor
16 General shall determine whether the municipality has the
17 fiscal resources necessary to pay the cost of the audit. The
18 municipality shall pay the cost of the audit within 90 days
19 after the Auditor General's determination that the
20 municipality has the available resources. If the municipality
21 fails to pay the cost of the audit, the Department of Revenue
22 shall, upon certification of the Auditor General, withhold
23 from that portion of the distribution pursuant to s.
24 212.20(6)(f)5. municipal financial assistance trust fund for
25 municipalities which is derived from the cigarette tax imposed
26 under chapter 210, and which is distributable to such
27 municipality, a sum sufficient to pay the cost of the audit
28 and shall deposit that sum into the General Revenue Fund of
29 the state.
30 Section 5. This act shall take effect July 1, 2000.
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HOUSE AMENDMENT
Bill No. HB 2253
Amendment No. (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 remove from the title of the bill: the entire title
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5 and insert in lieu thereof:
6 A bill to be entitled
7 An act relating to revenue sharing with
8 municipal governments; amending s. 210.20,
9 F.S.; eliminating transfers of net cigarette
10 tax collections to the Municipal Financial
11 Assistance Trust Fund and Revenue Sharing Trust
12 Fund for Municipalities; amending s. 212.20,
13 F.S.; authorizing a distribution of proceeds
14 under ch. 212, F.S., to the Revenue Sharing
15 Trust Fund for Municipalities; amending s.
16 288.1169, F.S.; revising a cross reference, to
17 conform; amending s. 11.45, F.S.; revising a
18 reference, to conform; providing an effective
19 date.
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