HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Diaz-Balart and Rubio 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. Subsection (5) of section 218.503, Florida
18 Statutes, is amended to read:
19 218.503 Determination of financial emergency.--
20 (5)(a) The governing authority of any municipality
21 with a resident population of 300,000 or more on April 1,
22 1999, and which has at any time been declared in a state of
23 financial emergency pursuant to this section within the
24 previous 2 fiscal years may impose a discretionary per-vehicle
25 surcharge of up to 20 percent on the gross revenues of the
26 sale, lease, or rental of space at parking facilities within
27 the municipality that are open for use to the general public.
28 Consistent with s. 125.015, and to the extent not otherwise
29 immune or exempt, employees of the county parking at
30 county-owned or operated parking facilities are exempt.
31 (b) A municipal governing authority that imposes the
1
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 surcharge authorized by this subsection may use the proceeds
2 of such surcharge for the following purposes only:
3 1. No less than 60 percent and no more than 80 percent
4 of the surcharge proceeds shall be used by the governing
5 authority to reduce its ad valorem tax millage rate or to
6 reduce or eliminate non-ad valorem assessments.
7 2. A portion of the balance of the surcharge proceeds
8 shall be used by the governing authority to increase its
9 budget reserves; however, the governing authority shall not
10 reduce the amount it allocates for budget reserves from other
11 sources below the amount allocated for reserves in the fiscal
12 year prior to the year in which the surcharge is initially
13 imposed. When a 15-percent budget reserve is achieved, based
14 on the average gross revenue for the most recent 3 prior
15 fiscal years, the remaining proceeds from this subparagraph
16 shall be used for the payment of annual debt service related
17 to outstanding obligations backed or secured by a covenant to
18 budget and appropriate from non-ad valorem revenues.
19 (c)1. As used in this section:
20 a. "Eligible county" means a county that constructs,
21 reconstructs, renovates, expands, or rehabilitates, directly
22 or indirectly through turnkey or other contractual
23 arrangements, a significant new facility on a qualifying site.
24 b. "Qualifying site" means a site located in a
25 brownfields area designated under s. 376.80 that is owned by
26 an eligible county and is within the boundaries of a
27 municipality.
28 c. "Significant new facility" means a real property
29 improvement on a qualifying site that has a regional impact
30 and meets the following requirements:
31 (I) It is owned by a county or municipality, subject
2
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 to a determination of property tax immunity, and leased to,
2 licensed to, or operated by a private, for-profit entity for
3 the purpose of operating a business therefrom for a period of
4 not less than 30 years.
5 (II) It has a projected cost for construction,
6 reconstruction, renovation, expansion, or rehabilitation of
7 the facility and acquistion and remediation of the qualifying
8 site of not less than $300 million, of which not less than $50
9 million, over the term of the lease, license, or operation,
10 will be contributed by the private entity, which contribution
11 may be in the form of payments in lieu of taxes, ground lease
12 rent, license fees, rents, and other charges, including,
13 without limitation, annual payments pledged to finance the
14 construction of the facility.
15 (III) It has been proposed, in a report submitted to
16 the eligible county by a qualified economist, that the
17 facility will have an annual economic impact of not less than
18 $100 million over the term of the lease, license, or operation
19 and will create not less than 1,500 jobs over the same period.
20 d. "Cost," with respect to the qualifying site and
21 significant new facility, has the same meaning as provided in
22 s. 190.003(7).
23 (d)1. Unless a municipality extends this subsection
24 pursuant to subparagraphs 2. and 3., this subsection is
25 repealed on June 30, 2006.
26 2. A referendum shall be held at an election within 90
27 days after the effective date of this act with respect to a
28 municipality that has previously imposed a surcharge pursuant
29 to paragraph (a), or within 90 days after any municipality
30 becomes eligible to impose a surcharge pursuant to paragraph
31 (a), in any municipality imposing the surcharge authorized in
3
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 this subsection. With respect to a municipality that has
2 previously imposed a surcharge pursuant to paragraph (a), the
3 subject of the referendum shall be the extension of the repeal
4 date of the surcharge to June 30, 2046, and an extension of
5 the uses of surcharge proceeds. A statement that includes a
6 brief general description of the additional uses of the
7 surcharge proceeds shall be placed on the ballot.
8 3. If a majority of the electors of the municipality
9 voting on this question in the election approve the imposition
10 of the surcharge or extension of the repeal date and if
11 construction on a significant new facility is commenced by
12 June 30, 2006, on a qualifying site, this subsection shall be
13 repealed June 30, 2046. Notwithstanding the provisions of
14 paragraph (b), if an extension is approved pursuant to this
15 subparagraph, the funds generated by the surcharge shall be
16 distributed as specified in paragraph (e).
17 (e) Effective January 1, 2005, 33 1/3 percent of the
18 surcharge proceeds shall be remitted to the eligible county to
19 assist in paying the debt service on such bonds and to pay for
20 acquisition and remediation of the site on which the
21 significant new facility is to be built, with the remaining
22 proceeds to be retained by the municipal governing authority,
23 which shall expend the proceeds pursuant to paragraph (h).
24 Notwithstanding, the payment to the eligible county shall not
25 in any year beginning in the year commencing July 1, 2006 be
26 less than the amount remitted to an eligible county in the
27 preceding year and, for the purpose of assuring the
28 remittances, the proceeds received by the municipality in the
29 months of April, May, and June of each year shall be held and
30 remitted on June 30 so the eligible county will receive no
31 less than the amount remitted in the preceding year. If the
4
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 amount received by an eligible county is less than the amount
2 remitted to it in the preceding year, the requirement shall be
3 cumulative and the deficiency shall be added to the eligible
4 county's remittance in the ensuing year.
5 (f) An eligible county that receives proceeds from the
6 surcharge may utilize them to construct, reconstruct,
7 renovate, expand, or rehabilitate, directly or indirectly
8 through turnkey or other contractual arrangements, a
9 significant new facility on a qualifying site in the manner
10 provided in this paragraph.
11 1. An eligible county may use funds provided pursuant
12 to this paragraph only for the public purpose on bonds or
13 other obligations issued to finance the costs of acquisition,
14 site preparation, infrastructure development, construction,
15 reconstruction, renovation, expansion, or rehabilitation of
16 the qualifying site and significant new facility to be located
17 thereon, or for the costs of infrastructure and other
18 improvements outside the boundaries of the qualifying site but
19 which are necessary or helpful to the development or operation
20 of the facility, or for reimbursement of such costs, and the
21 costs incurred by it to remediate the qualifying site.
22 2. If in any fiscal year the funds provided pursuant
23 to this paragraph exceed the amounts necessary in that fiscal
24 year to pay the costs related to the significant new facility
25 and the qualifying site pursuant to this subsection and to pay
26 the debt service on bonds of other obligations issued to
27 finance or refinance such costs, the excess funds shall be
28 used to reduce the outstanding principle on the bonds.
29 (g) An eligible county must take affirmative measures
30 to ensure that procurement related to the planning, design,
31 construction, building, maintenance, and operation of the
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 significant new facility contracting is reflective of the
2 racial and ethnic makeup of the community.
3 (h) Of the balance of proceeds, not less than 60
4 percent and not more than 80 percent shall be used by the
5 governing authority to reduce its ad valorem tax millage rate
6 or to reduce or eliminate non-ad valorem assessments.
7 Section 2. Section 376.84, Florida Statutes, is
8 amended to read:
9 376.84 Brownfield redevelopment economic
10 incentives.--It is the intent of the Legislature that
11 brownfield redevelopment activities be viewed as opportunities
12 to significantly improve the utilization, general condition,
13 and appearance of these sites. Different standards than those
14 in place for new development, as allowed under current state
15 and local laws, should be used to the fullest extent to
16 encourage the redevelopment of a brownfield. State and local
17 governments are encouraged to offer redevelopment incentives
18 for this purpose, as an ongoing public investment in
19 infrastructure and services, to help eliminate the public
20 health and environmental hazards, and to promote the creation
21 of jobs in these areas. Such incentives may include
22 financial, regulatory, and technical assistance to persons and
23 businesses involved in the redevelopment of the brownfield
24 pursuant to this act. The Legislature further recognizes that,
25 in communities impacted by local government financial
26 emergencies, local government resources are strained and
27 incentives to encourage the development, use, redevelopment,
28 or reuse by local government of brownfield areas designated
29 under s. 376.80 are particularly needed.
30 (1) Financial incentives and local incentives for
31 redevelopment may include, but not be limited to:
6
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 (a) Tax increment financing through community
2 redevelopment agencies pursuant to part III of chapter 163.
3 (b) Enterprise zone tax exemptions for businesses
4 pursuant to chapters 196 and 290.
5 (c) Safe neighborhood improvement districts as
6 provided in ss. 163.501-163.523.
7 (d) Waiver, reduction, or limitation by line of
8 business with respect to occupational license taxes pursuant
9 to chapter 205.
10 (e) Tax exemption for historic properties as provided
11 in s. 196.1997.
12 (f) Residential electricity exemption of up to the
13 first 500 kilowatts of use may be exempted from the municipal
14 public service tax pursuant to s. 166.231.
15 (g) Minority business enterprise programs as provided
16 in s. 287.0943.
17 (h) Electric and gas tax exemption as provided in s.
18 166.231(6).
19 (i) Economic development tax abatement as provided in
20 s. 196.1995.
21 (j) Grants, including community development block
22 grants.
23 (k) Pledging of revenues to secure bonds.
24 (l) Low-interest revolving loans and zero-interest
25 loan pools.
26 (m) Local grant programs for facade, storefront,
27 signage, and other business improvements.
28 (n) Governmental coordination of loan programs with
29 lenders, such as microloans, business reserve fund loans,
30 letter of credit enhancements, gap financing, land lease and
31 sublease loans, and private equity.
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 (o) Payment schedules over time for payment of fees,
2 within criteria, and marginal cost pricing.
3 (p) The sales tax rebate established for an eligible
4 county with a significant new facility on a qualifying site
5 under subsection (4).
6 (2) Regulatory incentives may include, but not be
7 limited to:
8 (a) Cities' absorption of developers' concurrency
9 needs.
10 (b) Developers' performance of certain analyses.
11 (c) Exemptions and lessening of state and local review
12 requirements.
13 (d) Water and sewer regulatory incentives.
14 (e) Waiver of transportation impact fees and permit
15 fees.
16 (f) Zoning incentives to reduce review requirements
17 for redevelopment changes in use and occupancy; establishment
18 of code criteria for specific uses; and institution of credits
19 for previous use within the area.
20 (g) Flexibility in parking standards and buffer zone
21 standards.
22 (h) Environmental management through specific code
23 criteria and conditions allowed by current law.
24 (i) Maintenance standards and activities by ordinance
25 and otherwise, and increased security and crime prevention
26 measures available through special assessments.
27 (j) Traffic-calming measures.
28 (k) Historic preservation ordinances, loan programs,
29 and review and permitting procedures.
30 (l) One-stop permitting and streamlined development
31 and permitting process.
8
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 (3) Technical assistance incentives may include, but
2 not be limited to:
3 (a) Expedited development applications.
4 (b) Formal and informal information on business
5 incentives and financial programs.
6 (c) Site design assistance.
7 (d) Marketing and promotion of projects or areas.
8 (4)(a) Effective July 1, 2006, the governing board of
9 an eligible county which constructs, reconstructs, renovates,
10 expands, or rehabilitates, either directly or indirectly
11 through turnkey or other contractual arrangements, a
12 significant new facility on a qualifying site shall be
13 entitled to receive sales tax rebates pursuant to s. 212.20 in
14 the manner provided in this subsection.
15 (b) For purposes of this subsection:
16 1. "Eligible county" means a county which constructs,
17 reconstructs, renovates, expands, or rehabilitates, either
18 directly or through turnkey or similar contractual
19 arrangements, a significant new facility on a qualifying site.
20 2. "Qualifying site" means a site located in a
21 brownfield area designated under s. 376.80 that is owned by an
22 eligible county and is within the boundaries of a local
23 government impacted by a financial emergency.
24 3. "Local government impacted by a financial
25 emergency" means a county or municipality that has a resident
26 population of 300,000 or more and that has been declared in a
27 state of financial emergency pursuant to part V of chapter 218
28 during any of the 7 fiscal years preceding the date on which
29 construction of a significant new facility commences.
30 4. "Significant new facility" means a real property
31 improvement on a qualifying site as defined in s. 218.503.
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 5. "Cost," with respect to the qualifying site and
2 significant new facility, shall have the same meaning as
3 provided by s. 190.003(7).
4 6. "Department" means the Department of Revenue.
5 (c) The governing authority of an eligible county
6 shall notify the department in writing of its eligibility to
7 receive the sales tax rebate provided for by this subsection
8 and shall accompany such notice with:
9 1. Evidence that the significant new facility will be
10 located on a qualifying site.
11 2. Copies, certified by the clerk of the eligible
12 county as true and correct copies, of fully executed
13 construction contracts and other contractual arrangements
14 evidencing that the projected cost of the construction,
15 reconstruction, renovation, expansion, or rehabilitation of
16 the significant new facility and acquisition and remediation
17 of the qualifying site on which it is located exceeds $300
18 million, of which not less than $50 million will be
19 contributed by the private lessee, licensee, or operator in
20 the manner described in sub-subparagraph (b)4.b.
21 3. The fully executed agreement evidencing that the
22 facility has been leased to, licensed to, or is to be operated
23 by a private, for-profit entity for a period of not less than
24 30 years after the date of the notice.
25 (d) The department shall certify an eligible county
26 within 90 days after its receipt of the notice required by
27 paragraph (c). The department has the authority to adopt rules
28 to implement the provisions of this subsection.
29 (e) An eligible county may use funds provided pursuant
30 to s. 212.20(6)(e)7.e. only for the public purpose of paying
31 for, or pledging as security for or paying debt service on
10
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 bonds or other obligations issued to finance, the costs of
2 acquisition, site preparation, infrastructure development,
3 construction, reconstruction, renovation, expansion, or
4 rehabilitation of the qualifying site and significant new
5 facility to be located thereon, or for the costs of
6 infrastructure and other improvements outside the boundaries
7 of the qualifying site but which are necessary or helpful to
8 the development or operation of the significant new facility,
9 or for reimbursement of any such costs, and for the costs
10 incurred by it to remediate the qualifying site. An eligible
11 county must ensure that procurement related to the planning,
12 design, construction, building, maintenance, and operation of
13 the significant new facility contracting is reflective of the
14 racial and ethnic makeup of the community. In the event that,
15 in any fiscal year of an eligible county, the funds provided
16 pursuant to s. 212.20(6)(e)7.e. are in excess of the amount
17 necessary in such fiscal year to pay the costs related to the
18 significant new facility and qualifying site as authorized in
19 this subsection and to pay debt service on bonds or other
20 obligations related only to the costs of the bonds for
21 construction of the significant new facility issued to finance
22 or refinance all or any part of such costs, such excess funds
23 shall be applied toward or set aside for the redemption or
24 repayment of any such bonds.
25 (f) The amount of the sales tax rebate pursuant to s.
26 212.20(6)(e)7.e. to be provided to an eligible county
27 certified pursuant to this section shall be computed annually
28 and shall be equal to the sales tax imposed under chapter 212
29 on the surcharge imposed pursuant to s. 218.503 by a local
30 government impacted by financial emergency, but excluding
31 discretionary sales surtaxes authorized under s. 212.055.
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 (g) The state does hereby covenant with the holders of
2 bonds or other obligations or contractual commitments secured
3 by or payable from the proceeds of the sales tax rebate
4 authorized by this subsection that it will not repeal or
5 impair, or amend in any manner which will materially and
6 adversely affect the rights of such holders, the sales tax
7 rebate provided by this subsection and s. 212.20; however, the
8 annual rebate amount may increase or decrease based on the
9 rebate computation provided by paragraph (f).
10 Section 3. Paragraph (e) of subsection (6) of section
11 212.20, Florida Statutes, is amended to read:
12 212.20 Funds collected, disposition; additional powers
13 of department; operational expense; refund of taxes
14 adjudicated unconstitutionally collected.--
15 (6) Distribution of all proceeds under this chapter
16 shall be as follows:
17 (e) The proceeds of all other taxes and fees imposed
18 pursuant to this chapter shall be distributed as follows:
19 1. In any fiscal year, the greater of $500 million,
20 minus an amount equal to 4.6 percent of the proceeds of the
21 taxes collected pursuant to chapter 201, or 5 percent of all
22 other taxes and fees imposed pursuant to this chapter shall be
23 deposited in monthly installments into the General Revenue
24 Fund.
25 2. Two-tenths of one percent shall be transferred to
26 the Solid Waste Management Trust Fund.
27 3. After the distribution under subparagraphs 1. and
28 2., 9.653 percent of the amount remitted by a sales tax dealer
29 located within a participating county pursuant to s. 218.61
30 shall be transferred into the Local Government Half-cent Sales
31 Tax Clearing Trust Fund.
12
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 4. After the distribution under subparagraphs 1., 2.,
2 and 3., 0.065 percent shall be transferred to the Local
3 Government Half-cent Sales Tax Clearing Trust Fund and
4 distributed pursuant to s. 218.65.
5 5. For proceeds received after July 1, 2000, and after
6 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
7 percent of the available proceeds pursuant to this paragraph
8 shall be transferred monthly to the Revenue Sharing Trust Fund
9 for Counties pursuant to s. 218.215.
10 6. For proceeds received after July 1, 2000, and after
11 the distributions under subparagraphs 1., 2., 3., and 4.,
12 1.0715 percent of the available proceeds pursuant to this
13 paragraph shall be transferred monthly to the Revenue Sharing
14 Trust Fund for Municipalities pursuant to s. 218.215. If the
15 total revenue to be distributed pursuant to this subparagraph
16 is at least as great as the amount due from the Revenue
17 Sharing Trust Fund for Municipalities and the Municipal
18 Financial Assistance Trust Fund in state fiscal year
19 1999-2000, no municipality shall receive less than the amount
20 due from the Revenue Sharing Trust Fund for Municipalities and
21 the Municipal Financial Assistance Trust Fund in state fiscal
22 year 1999-2000. If the total proceeds to be distributed are
23 less than the amount received in combination from the Revenue
24 Sharing Trust Fund for Municipalities and the Municipal
25 Financial Assistance Trust Fund in state fiscal year
26 1999-2000, each municipality shall receive an amount
27 proportionate to the amount it was due in state fiscal year
28 1999-2000.
29 7. Of the remaining proceeds:
30 a. Beginning July 1, 2000, and in each fiscal year
31 thereafter, the sum of $29,915,500 shall be divided into as
13
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hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 many equal parts as there are counties in the state, and one
2 part shall be distributed to each county. The distribution
3 among the several counties shall begin each fiscal year on or
4 before January 5th and shall continue monthly for a total of 4
5 months. If a local or special law required that any moneys
6 accruing to a county in fiscal year 1999-2000 under the
7 then-existing provisions of s. 550.135 be paid directly to the
8 district school board, special district, or a municipal
9 government, such payment shall continue until such time that
10 the local or special law is amended or repealed. The state
11 covenants with holders of bonds or other instruments of
12 indebtedness issued by local governments, special districts,
13 or district school boards prior to July 1, 2000, that it is
14 not the intent of this subparagraph to adversely affect the
15 rights of those holders or relieve local governments, special
16 districts, or district school boards of the duty to meet their
17 obligations as a result of previous pledges or assignments or
18 trusts entered into which obligated funds received from the
19 distribution to county governments under then-existing s.
20 550.135. This distribution specifically is in lieu of funds
21 distributed under s. 550.135 prior to July 1, 2000.
22 b. The department shall distribute $166,667 monthly
23 pursuant to s. 288.1162 to each applicant that has been
24 certified as a "facility for a new professional sports
25 franchise" or a "facility for a retained professional sports
26 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
27 distributed monthly by the department to each applicant that
28 has been certified as a "facility for a retained spring
29 training franchise" pursuant to s. 288.1162; however, not more
30 than $208,335 may be distributed monthly in the aggregate to
31 all certified facilities for a retained spring training
14
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hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 franchise. Distributions shall begin 60 days following such
2 certification and shall continue for not more than 30 years.
3 Nothing contained in this paragraph shall be construed to
4 allow an applicant certified pursuant to s. 288.1162 to
5 receive more in distributions than actually expended by the
6 applicant for the public purposes provided for in s.
7 288.1162(6). However, a certified applicant is entitled to
8 receive distributions up to the maximum amount allowable and
9 undistributed under this section for additional renovations
10 and improvements to the facility for the franchise without
11 additional certification.
12 c. Beginning 30 days after notice by the Office of
13 Tourism, Trade, and Economic Development to the Department of
14 Revenue that an applicant has been certified as the
15 professional golf hall of fame pursuant to s. 288.1168 and is
16 open to the public, $166,667 shall be distributed monthly, for
17 up to 300 months, to the applicant.
18 d. Beginning 30 days after notice by the Office of
19 Tourism, Trade, and Economic Development to the Department of
20 Revenue that the applicant has been certified as the
21 International Game Fish Association World Center facility
22 pursuant to s. 288.1169, and the facility is open to the
23 public, $83,333 shall be distributed monthly, for up to 168
24 months, to the applicant. This distribution is subject to
25 reduction pursuant to s. 288.1169. A lump sum payment of
26 $999,996 shall be made, after certification and before July 1,
27 2000.
28 e. Beginning 30 days after an eligible county has been
29 certified pursuant to s. 376.84(4), an amount equal to the
30 sales tax rebate calculated pursuant to s. 376.84(4)(f) shall
31 be distributed each year, on a monthly basis and over a
15
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HOUSE AMENDMENT
hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 12-month period, to the eligible county.
2 8. All other proceeds shall remain with the General
3 Revenue Fund.
4 Section 4. If section 35 of chapter 2000-260, Laws of
5 Florida, is not repealed by section 58 of said chapter, then,
6 effective October 1, 2001, paragraph (e) of subsection (6) of
7 section 212.20, Florida Statutes, as amended by section 35 of
8 chapter 2000-260, Laws of Florida, is amended to read:
9 212.20 Funds collected, disposition; additional powers
10 of department; operational expense; refund of taxes
11 adjudicated unconstitutionally collected.--
12 (6) Distribution of all proceeds under this chapter
13 and s. 202.18(1)(b) and (2)(b) shall be as follows:
14 (e) The proceeds of all other taxes and fees imposed
15 pursuant to this chapter or remitted pursuant to s.
16 202.18(1)(b) and (2)(b) shall be distributed as follows:
17 1. In any fiscal year, the greater of $500 million,
18 minus an amount equal to 4.6 percent of the proceeds of the
19 taxes collected pursuant to chapter 201, or 5 percent of all
20 other taxes and fees imposed pursuant to this chapter or
21 remitted pursuant to s. 202.18(1)(b) and (2)(b) 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.,
16
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hbd-31 Bill No. CS/HB 1189
Amendment No. ___ (for drafter's use only)
1 and 3., 0.065 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., 2.25
6 percent of the available proceeds pursuant to this paragraph
7 shall be transferred monthly to the Revenue Sharing Trust Fund
8 for Counties pursuant to s. 218.215.
9 6. For proceeds received after July 1, 2000, and after
10 the distributions under subparagraphs 1., 2., 3., and 4.,
11 1.0715 percent of the available proceeds pursuant to this
12 paragraph shall be transferred monthly to the Revenue Sharing
13 Trust Fund for Municipalities pursuant to s. 218.215. If the
14 total revenue to be distributed pursuant to this subparagraph
15 is at least as great as the amount due from the Revenue
16 Sharing Trust Fund for Municipalities and the Municipal
17 Financial Assistance Trust Fund in state fiscal year
18 1999-2000, no municipality shall receive less than the amount
19 due from the Revenue Sharing Trust Fund for Municipalities and
20 the Municipal Financial Assistance Trust Fund in state fiscal
21 year 1999-2000. If the total proceeds to be distributed are
22 less than the amount received in combination from the Revenue
23 Sharing Trust Fund for Municipalities and the Municipal
24 Financial Assistance Trust Fund in state fiscal year
25 1999-2000, each municipality shall receive an amount
26 proportionate to the amount it was due in state fiscal year
27 1999-2000.
28 7. Of the remaining proceeds:
29 a. Beginning July 1, 2000, and in each fiscal year
30 thereafter, the sum of $29,915,500 shall be divided into as
31 many equal parts as there are counties in the state, and one
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hbd-31 Bill No. CS/HB 1189
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1 part shall be distributed to each county. The distribution
2 among the several counties shall begin each fiscal year on or
3 before January 5th and shall continue monthly for a total of 4
4 months. If a local or special law required that any moneys
5 accruing to a county in fiscal year 1999-2000 under the
6 then-existing provisions of s. 550.135 be paid directly to the
7 district school board, special district, or a municipal
8 government, such payment shall continue until such time that
9 the local or special law is amended or repealed. The state
10 covenants with holders of bonds or other instruments of
11 indebtedness issued by local governments, special districts,
12 or district school boards prior to July 1, 2000, that it is
13 not the intent of this subparagraph to adversely affect the
14 rights of those holders or relieve local governments, special
15 districts, or district school boards of the duty to meet their
16 obligations as a result of previous pledges or assignments or
17 trusts entered into which obligated funds received from the
18 distribution to county governments under then-existing s.
19 550.135. This distribution specifically is in lieu of funds
20 distributed under s. 550.135 prior to July 1, 2000.
21 b. The department shall distribute $166,667 monthly
22 pursuant to s. 288.1162 to each applicant that has been
23 certified as a "facility for a new professional sports
24 franchise" or a "facility for a retained professional sports
25 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
26 distributed monthly by the department to each applicant that
27 has been certified as a "facility for a retained spring
28 training franchise" pursuant to s. 288.1162; however, not more
29 than $208,335 may be distributed monthly in the aggregate to
30 all certified facilities for a retained spring training
31 franchise. Distributions shall begin 60 days following such
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hbd-31 Bill No. CS/HB 1189
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1 certification and shall continue for not more than 30 years.
2 Nothing contained in this paragraph shall be construed to
3 allow an applicant certified pursuant to s. 288.1162 to
4 receive more in distributions than actually expended by the
5 applicant for the public purposes provided for in s.
6 288.1162(6). However, a certified applicant is entitled to
7 receive distributions up to the maximum amount allowable and
8 undistributed under this section for additional renovations
9 and improvements to the facility for the franchise without
10 additional certification.
11 c. Beginning 30 days after notice by the Office of
12 Tourism, Trade, and Economic Development to the Department of
13 Revenue that an applicant has been certified as the
14 professional golf hall of fame pursuant to s. 288.1168 and is
15 open to the public, $166,667 shall be distributed monthly, for
16 up to 300 months, to the applicant.
17 d. Beginning 30 days after notice by the Office of
18 Tourism, Trade, and Economic Development to the Department of
19 Revenue that the applicant has been certified as the
20 International Game Fish Association World Center facility
21 pursuant to s. 288.1169, and the facility is open to the
22 public, $83,333 shall be distributed monthly, for up to 168
23 months, to the applicant. This distribution is subject to
24 reduction pursuant to s. 288.1169. A lump sum payment of
25 $999,996 shall be made, after certification and before July 1,
26 2000.
27 e. Beginning 30 days after an eligible county has been
28 certified pursuant to s. 376.84(4), an amount equal to the
29 sales tax rebate calculated pursuant to s. 376.84(4)(f) shall
30 be distributed each year, on a monthly basis and over a
31 12-month period, to the eligible county.
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hbd-31 Bill No. CS/HB 1189
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1 8. All other proceeds shall remain with the General
2 Revenue Fund.
3 Section 5. Section 186.5053, Florida Statutes, is
4 created to read:
5 186.5053 South Florida Regional Planning Council
6 responsibilities.--Pursuant to s. 186.505, the South Florida
7 Regional Planning Council is authorized to undertake
8 responsibilities delegated and prescribed by federal and state
9 government, and its member units of local government, as well
10 as activities agreed to through multiparty and
11 intergovernmental voluntary agreements such as, but not
12 limited to, activities related to site rehabilitation at
13 brownfield sites within designated brownfield areas pursuant
14 to chapter 376, subject to the Department of Environmental
15 Protection's approval of all environmental regulatory
16 decisions at the sites; activities agreed to by the Eastward
17 Ho! Brownfields Partnership; activities agreed to by the Clean
18 Cities Coalition; and activities agreed to in the South Dade
19 Watershed memorandum of understanding.
20 Section 6. It is the intent of the Legislature that
21 the provisions of this act are severable. If any provision of
22 this act is held invalid, the remaining provisions shall
23 survive.
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27 And the title is amended as follows:
28 remove from the title of the bill: the entire title
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30 and insert in lieu thereof:
31 A bill to be entitled
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1 An act relating to redevelopment economic
2 incentives; amending s. 218.503, F.S.;
3 providing that certain municipalities that have
4 been declared in a state of financial emergency
5 to impose a per-vehicle surcharge on revenues
6 from the sale or rental of space at parking
7 facilities; providing exemptions; revising a
8 requirement relating to such municipalities'
9 population; amending the future repeal of any
10 provision to allow for an extension of the
11 repeal date by referendum in such
12 municipalities; providing for uses of proceeds
13 under such extension; providing definitions;
14 providing ballot language; providing for an
15 oversight board; amending s. 376.84, F.S.;
16 providing definitions; providing that a county
17 that constructs, renovates, or expands a
18 significant new facility on a qualifying
19 brownfield site is entitled to a sales tax
20 increment rebate if the facility is leased to,
21 licensed to, or operated by a private entity
22 for the operation of a professional sports
23 franchise; providing requirements with respect
24 thereto; providing that, if the franchise is
25 relocated or sold, a portion of the proceeds of
26 the sale shall be remitted to the state;
27 requiring such county to submit certain
28 information to the Department of Revenue;
29 providing for certification of the county by
30 the department; providing for rules; providing
31 for use of the rebate funds; providing
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1 requirements with respect to certain excess
2 funds; providing for computation of the amount
3 of the rebate; amending s. 212.20, F.S.;
4 providing for distribution of the sales tax
5 increment rebate to such counties; creating s.
6 186.5053, F.S.; authorizing the South Florida
7 Regional Planning Council to undertake certain
8 responsibilities and activities; providing for
9 severability;
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