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





                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2253

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Gay, Melvin, Brummer, and Maygarden offered

12  the following:

13

14         Substitute Amendment for Amendment (604791) (with title

15  amendment) 

16  remove from the bill:  everything after the enacting clause

17

18  and insert in lieu thereof:

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

20  210.20, Florida Statutes, is amended to read:

21         210.20  Employees and assistants; distribution of

22  funds.--

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

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

25  in the State Treasury designated "Cigarette Tax Collection

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

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

28  the Comptroller the amount derived from the cigarette tax

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

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

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

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2253

    Amendment No.     (for drafter's use only)





 1  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

 2  the amounts to be transferred from the Cigarette Tax

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

 4  of the net collections to the Municipal Financial Assistance

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

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

 7  collections to the Revenue Sharing Trust Fund for Counties,

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

 9  indigent health care to the Public Medical Assistance Trust

10  Fund.

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

12  212.20, Florida Statutes, is amended to read:

13         212.20  Funds collected, disposition; additional powers

14  of department; operational expense; refund of taxes

15  adjudicated unconstitutionally collected.--

16         (6)  Distribution of all proceeds under this chapter

17  shall be as follows:

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

19  pursuant to this chapter shall be distributed as follows:

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

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

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

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

24  deposited in monthly installments into the General Revenue

25  Fund.

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

27  the Solid Waste Management Trust Fund.

28         3.  After the distribution under subparagraphs 1. and

29  2., 9.653 percent of the amount remitted by a sales tax dealer

30  located within a participating county pursuant to s. 218.61

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

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2253

    Amendment No.     (for drafter's use only)





 1  Tax Clearing Trust Fund.

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

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

 4  Government Half-cent Sales Tax Clearing Trust Fund and

 5  distributed pursuant to s. 218.65.

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

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

 8  1.0715 percent of the available proceeds pursuant to this

 9  paragraph shall be transferred monthly to the Revenue Sharing

10  Trust Fund for Municipalities pursuant to s. 218.215.

11         6.5.  Of the remaining proceeds:

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

13  sixty-seven dollars 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

                                  3

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2253

    Amendment No.     (for drafter's use only)





 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.  Subsection (6) of section 288.1169, Florida

15  Statutes, is amended to read:

16         288.1169  International Game Fish Association World

17  Center facility; department duties.--

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

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

20  Fish Association World Center continues to be the only

21  international administrative headquarters, fishing museum, and

22  Hall of Fame in the United States recognized by the

23  International Game Fish Association, and that the project is

24  meeting the minimum projections for attendance or sales tax

25  revenues as required at the time of original certification.

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

27  as meeting the minimum projections, then funding will be

28  abated until certification criteria are met.  If the project

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

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

31  212.20(6)(f)6.5.c. shall be reduced to an amount equal to

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2253

    Amendment No.     (for drafter's use only)





 1  $83,333 multiplied by a fraction, the numerator of which is

 2  the actual revenues generated and the denominator of which is

 3  $1 million.  Such reduction shall remain in effect until

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

 5  or exceed $1 million.

 6         Section 4.  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.

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                                                   HOUSE AMENDMENT

    hbd-38                                        Bill No. HB 2253

    Amendment No.     (for drafter's use only)





 1         Section 5.  Section 200.132, Florida Statutes, is

 2  repealed.

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

 4

 5

 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8  remove:  the entire title

 9

10  and insert in lieu thereof:

11                      A bill to be entitled

12         An act relating to revenue sharing with

13         municipal governments; amending s. 210.20,

14         F.S.; eliminating transfers of net cigarette

15         tax collections to the Municipal Financial

16         Assistance Trust Fund and Revenue Sharing Trust

17         Fund for Municipalities; amending s. 212.20,

18         F.S.; authorizing a distribution of proceeds

19         under ch. 212, F.S., to the Revenue Sharing

20         Trust Fund for Municipalities; amending s.

21         288.1169, F.S.; revising a cross reference, to

22         conform; amending s. 11.45, F.S.; revising a

23         reference, to conform; repealing s. 200.132,

24         F.S., relating to the Municipal Financial

25         Assistance Trust Fund; providing an effective

26         date.

27

28

29

30

31

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