House Bill 2253

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    Florida House of Representatives - 2000                HB 2253

        By the Committee on Community Affairs and Representatives
    Melvin, Gay, Turnbull, Barreiro, Ritchie, Brown, Edwards,
    Bullard and Constantine




  1                      A bill to be entitled

  2         An act relating to revenue sharing with

  3         municipal governments; amending s. 206.605,

  4         F.S.; transferring the net proceeds of the

  5         municipal fuel tax to the General Revenue Fund;

  6         amending s. 206.41, F.S.; revising a cross

  7         reference, to conform; amending s. 206.879,

  8         F.S.; transferring a percentage of the State

  9         Alternative Fuel User Fee Clearing Trust Fund

10         proceeds to the General Revenue Fund, revising

11         other transfer percentages, and eliminating a

12         transfer to the Revenue Sharing Trust Fund for

13         Municipalities; amending s. 210.20, F.S.;

14         eliminating transfers of net cigarette tax

15         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 to the Revenue

19         Sharing Trust Fund for Municipalities; amending

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

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

22         redefining the term "guaranteed entitlement" as

23         applied to eligible municipalities; repealing

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

25         Financial Assistance Trust Fund; amending s.

26         11.45, F.S.; revising a reference, to conform;

27         providing an effective date.

28

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

30

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  1         Section 1.  Section 206.605, Florida Statutes, is

  2  amended to read:

  3         206.605  Municipal tax on motor fuel.--

  4         (1)  The proceeds of the municipal fuel tax imposed

  5  pursuant to s. 206.41(1)(c), after deducting the service

  6  charge pursuant to chapter 215 and the administrative costs

  7  incurred by the department in collecting, administering,

  8  enforcing, and distributing the tax, which administrative

  9  costs may not exceed 2 percent of collections, shall be

10  transferred into the General Revenue Sharing Trust Fund for

11  Municipalities.

12         (2)  Funds available under this section shall be used

13  only for purchase of transportation facilities and road and

14  street rights-of-way, construction, reconstruction,

15  maintenance of roads and streets; for the adjustment of

16  city-owned utilities as required by road and street

17  construction, and the construction, reconstruction,

18  transportation-related public safety activities, maintenance,

19  and operation of transportation facilities. Municipalities are

20  authorized to expend the funds received under this section in

21  conjunction with other cities or counties or state or federal

22  government in joint projects.

23         (3)(a)  If any municipality subject to this section

24  does not have the transportation facilities capability, the

25  municipality may designate by resolution the projects to be

26  undertaken, and the engineering may be thereafter performed

27  and administered and the construction administered by the

28  Department of Transportation or, in the case of a

29  municipality, by the appropriate county, if such county has

30  the capability and agrees to undertake the projects.

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  1         (b)  In the event the municipality desires the

  2  Department of Transportation either to perform or administer

  3  the engineering services or to administer the construction, or

  4  both, it must so indicate at the time of the presentation of

  5  the annual budget or it must so designate at the time the

  6  county presents its annual budget.

  7         Section 2.  Paragraph (c) of subsection (1) of section

  8  206.41, Florida Statutes, is amended to read:

  9         206.41  State taxes imposed on motor fuel.--

10         (1)  The following taxes are imposed on motor fuel

11  under the circumstances described in subsection (6):

12         (c)  An additional tax of 1 cent per net gallon, which

13  is designated as the "municipal fuel tax" and the proceeds of

14  which shall be transferred as provided used for the purposes

15  described in s. 206.605.

16         Section 3.  Subsection (1) of section 206.879, Florida

17  Statutes, is amended to read:

18         206.879  State and local alternative fuel user fee

19  clearing trust funds; distribution.--

20         (1)  Notwithstanding the provisions of s. 206.875, the

21  revenues from the state alternative fuel fees imposed by s.

22  206.877 shall be deposited into the State Alternative Fuel

23  User Fee Clearing Trust Fund, which is hereby created.  After

24  deducting the service charges provided in s. 215.20, the

25  proceeds in this trust fund shall be distributed as follows:

26  50 percent one-fifth of the proceeds in calendar year 1991,

27  one-third of the proceeds in calendar year 1992,

28  three-sevenths of the proceeds in calendar year 1993, and

29  one-half of the proceeds in each calendar year thereafter

30  shall be transferred to the State Transportation Trust Fund;

31  the remainder shall be distributed as follows:  25 50 percent

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  1  shall be transferred to the State Board of Administration for

  2  distribution according to the provisions of s. 16, Art. IX of

  3  the State Constitution of 1885, as amended; 12.5 25 percent

  4  shall be transferred to the General Revenue Fund Revenue

  5  Sharing Trust Fund for Municipalities; and the remaining 12.5

  6  25 percent shall be distributed using the formula contained in

  7  s. 206.60(1).

  8         Section 4.  Paragraph (a) of subsection (2) of section

  9  210.20, Florida Statutes, is amended to read:

10         210.20  Employees and assistants; distribution of

11  funds.--

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

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

14  in the State Treasury designated "Cigarette Tax Collection

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

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

17  the Comptroller the amount derived from the cigarette tax

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

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

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

21  into the Alcoholic Beverage and Tobacco Trust Fund, specifying

22  the amounts to be transferred from the Cigarette Tax

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

24  of the net collections to the Municipal Financial Assistance

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

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

27  collections to the Revenue Sharing Trust Fund for Counties,

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

29  indigent health care to the Public Medical Assistance Trust

30  Fund.

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  1         Section 5.  Paragraph (f) of subsection (6) of section

  2  212.20, Florida Statutes, is amended to read:

  3         212.20  Funds collected, disposition; additional powers

  4  of department; operational expense; refund of taxes

  5  adjudicated unconstitutionally collected.--

  6         (6)  Distribution of all proceeds under this chapter

  7  shall be as follows:

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

  9  pursuant to this chapter shall be distributed as follows:

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

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

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

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

14  deposited in monthly installments into the General Revenue

15  Fund.

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

17  the Solid Waste Management Trust Fund.

18         3.  After the distribution under subparagraphs 1. and

19  2., 9.653 percent of the amount remitted by a sales tax dealer

20  located within a participating county pursuant to s. 218.61

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

22  Tax Clearing Trust Fund.

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

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

25  Government Half-cent Sales Tax Clearing Trust Fund and

26  distributed pursuant to s. 218.65.

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

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

29  one-twelfth of 1.70179 percent of the prior fiscal year's

30  available proceeds under this paragraph shall be transferred

31  monthly to the Revenue Sharing Trust Fund for Municipalities

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

  2  less than the amount due municipalities as their guaranteed

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

  4         6.5.  Of the remaining proceeds:

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

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

  7  distributed monthly by the department to each applicant that

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

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

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

11  distributed monthly by the department to each applicant that

12  has been certified as a "new spring training franchise

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

14  60 days following such certification and shall continue for 30

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

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

17  distributions than actually expended by the applicant for the

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

19  certified applicant shall receive distributions up to the

20  maximum amount allowable and undistributed under this section

21  for additional renovations and improvements to the facility

22  for the franchise without additional certification.

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

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

25  Revenue that an applicant has been certified as the

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

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

28  up to 300 months, to the applicant.

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

30  Commerce to the Department of Revenue that the applicant has

31  been certified as the International Game Fish Association

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

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

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

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

  5         7.6.  All other proceeds shall remain with the General

  6  Revenue Fund.

  7         Section 6.  Subsection (6) of section 288.1169, Florida

  8  Statutes, is amended to read:

  9         288.1169  International Game Fish Association World

10  Center facility; department duties.--

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

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

13  Fish Association World Center continues to be the only

14  international administrative headquarters, fishing museum, and

15  Hall of Fame in the United States recognized by the

16  International Game Fish Association, and that the project is

17  meeting the minimum projections for attendance or sales tax

18  revenues as required at the time of original certification.

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

20  as meeting the minimum projections, then funding will be

21  abated until certification criteria are met.  If the project

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

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

24  212.20(6)(f)6.5.c. shall be reduced to an amount equal to

25  $83,333 multiplied by a fraction, the numerator of which is

26  the actual revenues generated and the denominator of which is

27  $1 million.  Such reduction shall remain in effect until

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

29  or exceed $1 million.

30         Section 7.  Paragraph (b) of subsection (6) of section

31  218.21, Florida Statutes, is amended to read:

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  1         218.21  Definitions.--As used in this part, the

  2  following words and terms shall have the meanings ascribed

  3  them in this section, except where the context clearly

  4  indicates a different meaning:

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

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

  7  government so that:

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

  9  fiscal year thereafter, no eligible municipality shall receive

10  less funds from the Revenue Sharing Trust Fund for

11  Municipalities in any fiscal year than 90 percent of the

12  aggregate amount it received from the state in fiscal year

13  1999-2000 1971-1972 under the provisions of the then-existing

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

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

16  tax on motor fuel. Any government exercising municipal powers

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

18  receive less than the aggregate amount it received from the

19  Revenue Sharing Trust Fund for Municipalities in the preceding

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

21  to the percentage increase of the Revenue Sharing Trust Fund

22  for Municipalities for the preceding fiscal year.

23         Section 8.  Section 200.132, Florida Statutes, is

24  repealed.

25         Section 9.  Paragraph (b) of subsection (3) of section

26  11.45, Florida Statutes, is amended to read:

27         11.45  Definitions; duties; audits; reports.--

28         (3)

29         (b)  The Legislative Auditing Committee shall direct

30  the Auditor General to make a financial audit of any

31  municipality whenever petitioned to do so by at least 20

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  1  percent of the electors of that municipality.  The supervisor

  2  of elections of the county in which the municipality is

  3  located shall certify whether or not the petition contains the

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

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

  6  General shall determine whether the municipality has the

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

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

  9  after the Auditor General's determination that the

10  municipality has the available resources. If the municipality

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

12  shall, upon certification of the Auditor General, withhold

13  from that portion of the distribution pursuant to s.

14  212.20(6)(f)5. municipal financial assistance trust fund for

15  municipalities which is derived from the cigarette tax imposed

16  under chapter 210, and which is distributable to such

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

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

19  the state.

20         Section 10.  This act shall take effect July 1, 2000.

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22            *****************************************

23                       LEGISLATIVE SUMMARY

24
      Revises revenue sharing with municipal governments
25    through adjustments to the flow of specified taxes into
      and out of several trust funds. See bill for details.
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