SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
CHAMBER ACTION
Senate House
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11 Senator Diaz de la Portilla moved the following substitute for
12 amendment to amendment (522299):
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14 Senate Amendment (with title amendment)
15 On page 1, line 15
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17 insert:
18 Section 1. Subsection (5) of section 218.503, Florida
19 Statutes, is amended to read:
20 218.503 Determination of financial emergency.--
21 (5)(a) The governing authority of any municipality
22 with a resident population of 300,000 or more on April 1,
23 1999, and which has at any time been declared in a state of
24 financial emergency pursuant to this section within the
25 previous 2 fiscal years may impose a discretionary per-vehicle
26 surcharge of up to 20 percent on the gross revenues of the
27 sale, lease, or rental of space at parking facilities within
28 the municipality that are open for use to the general public.
29 Consistent with s. 125.015, and to the extent not otherwise
30 immune or exempt, employees of the county parking at
31 county-owned or operated parking facilities are exempt.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 (b) A municipal governing authority that imposes the
2 surcharge authorized by this subsection may use the proceeds
3 of such surcharge for the following purposes only:
4 1. No less than 60 percent and no more than 80 percent
5 of the surcharge proceeds shall be used by the governing
6 authority to reduce its ad valorem tax millage rate or to
7 reduce or eliminate non-ad valorem assessments.
8 2. A portion of the balance of the surcharge proceeds
9 shall be used by the governing authority to increase its
10 budget reserves; however, the governing authority shall not
11 reduce the amount it allocates for budget reserves from other
12 sources below the amount allocated for reserves in the fiscal
13 year prior to the year in which the surcharge is initially
14 imposed. When a 15-percent budget reserve is achieved, based
15 on the average gross revenue for the most recent 3 prior
16 fiscal years, the remaining proceeds from this subparagraph
17 shall be used for the payment of annual debt service related
18 to outstanding obligations backed or secured by a covenant to
19 budget and appropriate from non-ad valorem revenues.
20 (c)1. As used in this section:
21 a. "Eligible county" means a county that constructs,
22 reconstructs, renovates, expands, or rehabilitates, directly
23 or indirectly through turnkey or other contractual
24 arrangements, a significant new facility on a qualifying site.
25 b. "Qualifying site" means a site located in a
26 brownfields area designated under s. 376.80 that is owned by
27 an eligible county and is within the boundaries of a
28 municipality.
29 c. "Significant new facility" means a real property
30 improvement on a qualifying site that has a regional impact
31 and meets the following requirements:
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 (I) It is owned by a county or municipality, subject
2 to a determination of property tax immunity, and leased to,
3 licensed to, or operated by a private, for-profit entity for
4 the purpose of operating a business therefrom for a period of
5 not less than 30 years.
6 (II) It has a projected cost for construction,
7 reconstruction, renovation, expansion, or rehabilitation of
8 the facility and acquistion and remediation of the qualifying
9 site of not less than $300 million, of which not less than $75
10 million, over the term of the lease, license, or operation,
11 will be contributed by the private entity, which contribution
12 may be in the form of payments in lieu of taxes, ground lease
13 rent, license fees, rents, and other charges, including,
14 without limitation, annual payments pledged to finance the
15 construction of the facility.
16 (III) It has been proposed, in a report submitted to
17 the eligible county by a qualified economist, that the
18 facility will have an annual economic impact of not less than
19 $100 million over the term of the lease, license, or operation
20 and will create not less than 3,000 jobs over the same period.
21 d. "Cost," with respect to the qualifying site and
22 significant new facility, has the same meaning as provided in
23 s. 190.003(7).
24 (d)1. Unless a municipality extends this subsection
25 pursuant to subparagraphs 2. and 3., this subsection is
26 repealed on June 30, 2006.
27 2. A referendum shall be held at the next general
28 election with respect to a municipality that has previously
29 imposed a surcharge pursuant to paragraph (a), or within 90
30 days after any municipality becomes eligible to impose a
31 surcharge pursuant to paragraph (a), in any municipality
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 imposing the surcharge authorized in this subsection. With
2 respect to a municipality that has previously imposed a
3 surcharge pursuant to paragraph (a), the subject of the
4 referendum shall be the extension of the repeal date of the
5 surcharge to June 30, 2046, and an extension of the uses of
6 surcharge proceeds. A statement that includes a brief general
7 description of the additional uses of the surcharge proceeds
8 shall be placed on the ballot. However, the county may not
9 hold the referendum unless the private, for-profit entity that
10 will operate a business from the significant new facility
11 enters into an agreement with the county under which the
12 entity agrees to spend no more than $100,000 in such election
13 to promote a particular position related to such significant
14 new facility.
15 3. If a majority of the electors of the municipality
16 voting on this question in the election approve the imposition
17 of the surcharge or extension of the repeal date and if
18 construction of a significant new facility is commenced by
19 June 30, 2006, on a qualifying site, this subsection shall be
20 repealed June 30, 2046. Notwithstanding the provisions of
21 paragraph (b), if an extension is approved pursuant to this
22 subparagraph, the funds generated by the surcharge shall be
23 distributed as specified in paragraph (e).
24 (e) Effective January 1, 2005, 33 1/3 percent of the
25 surcharge proceeds shall be remitted to the eligible county
26 and expended as provided in paragraph (f). The remaining
27 proceeds shall be retained by the municipal governing
28 authority, which shall expend the proceeds pursuant to
29 paragraph (h). However, beginning January 1, 2007, the payment
30 to the eligible county shall not in any fiscal year be less
31 than the amount remitted to an eligible county in the
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 preceding fiscal year and, for the purpose of assuring the
2 remittances, the proceeds received by the municipality in the
3 last three months of each fiscal year shall be held and
4 remitted on the last day of the fiscal year so that the
5 eligible county will receive no less than the amount remitted
6 in the preceding fiscal year.
7 (f) An eligible county that receives proceeds from the
8 surcharge may utilize them to construct, reconstruct,
9 renovate, expand, or rehabilitate, directly or indirectly
10 through turnkey or other contractual arrangements, a
11 significant new facility on a qualifying site in the manner
12 provided in this paragraph.
13 1. An eligible county may use funds provided pursuant
14 to this paragraph only for the public purpose of paying debt
15 service on bonds or other obligations issued to finance the
16 costs of acquisition, site preparation, infrastructure
17 development, construction, reconstruction, renovation,
18 expansion, or rehabilitation of the qualifying site and
19 significant new facility to be located thereon, or for the
20 costs of infrastructure and other improvements outside the
21 boundaries of the qualifying site but which are necessary or
22 helpful to the development or operation of the facility, or
23 for reimbursement of such costs, and the costs incurred by it
24 to remediate the qualifying site.
25 2. If in any fiscal year the funds provided pursuant
26 to this paragraph exceed the amounts necessary in that fiscal
27 year to pay the costs related to the significant new facility
28 and the qualifying site pursuant to this subsection and to pay
29 the debt service on bonds or other obligations issued to
30 finance or refinance such costs, the excess funds shall be
31 used to fund required reserves.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 (g) An eligible county must take affirmative measures
2 to ensure that procurement related to the planning, design,
3 construction, building, maintenance, and operation of the
4 significant new facility contracting is reflective of the
5 racial and ethnic makeup of the community.
6 (h) Of the funds remaining after the distributions to
7 the eligible county required in paragraph (e), $1 million
8 shall be distributed to a not-for-profit economic development
9 trust in an eligible county, which shall use the funds for
10 primary learning centers in blighted urbanized areas,
11 brownfield redevelopment, and economic development, which
12 amount shall adjust upwards or downwards at the same
13 percentage as the increase or decrease in the surcharge
14 overall. Of the remaining funds thereafter, not less than 60
15 percent and not more than 80 percent shall be used by the
16 governing authority to reduce its ad valorem tax millage rate
17 or to reduce or eliminate non-ad valorem assessments and no
18 less than ten 10 percent and no more than 20 percent shall be
19 allocated for infrastructure improvements and be used in the
20 downtown/urban core areas, industrial areas, suburban areas,
21 or other areas from where the facilities are located that
22 generate the funds. Areas shall be defined consistent with
23 Florida Statutes and local law.
24 1. A downtown/urban area shall be coterminous with any
25 Downtown Development District established pursuant to section
26 166.0497, Florida Statutes, or chapter 65-1090, Laws of
27 Florida or to any Community Redevelopment Agency established
28 pursuant to section 163.356, Florida Statutes. Alternatively,
29 any eligible local governmental entity may identify the
30 downtown/urban core area as any contiguous area consisting of
31 lands where the predominant acreage is designated as
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 commercial or its substantial equivalent, in an applicable
2 local government comprehensive plan.
3 2. An industrial area is any contiguous area
4 consisting of lands where the predominant acreage is
5 designated industrial or its substantial equivalent in an
6 appliable local government comprehensive plan.
7 3. A suburban area is any contiguous area consisting
8 of lands where the predominant acreage is designated
9 residential or its substantial equivalent in an applicable
10 local government comprehensive plan.
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12 Any number of areas may be used by the local governmental
13 entity, provided that the areas are defined by ordinance and
14 Florida law and include all parking facilities subject to the
15 surcharge.
16 Section 2. Section 376.84, Florida Statutes, is
17 amended to read:
18 376.84 Brownfield redevelopment economic
19 incentives.--It is the intent of the Legislature that
20 brownfield redevelopment activities be viewed as opportunities
21 to significantly improve the utilization, general condition,
22 and appearance of these sites. Different standards than those
23 in place for new development, as allowed under current state
24 and local laws, should be used to the fullest extent to
25 encourage the redevelopment of a brownfield. State and local
26 governments are encouraged to offer redevelopment incentives
27 for this purpose, as an ongoing public investment in
28 infrastructure and services, to help eliminate the public
29 health and environmental hazards, and to promote the creation
30 of jobs in these areas. Such incentives may include
31 financial, regulatory, and technical assistance to persons and
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 businesses involved in the redevelopment of the brownfield
2 pursuant to this act. The Legislature further recognizes that,
3 in communities impacted by local government financial
4 emergencies, local government resources are strained and
5 incentives to encourage the development, use, redevelopment,
6 or reuse by local government of brownfield areas designated
7 under s. 376.80 are particularly needed.
8 (1) Financial incentives and local incentives for
9 redevelopment may include, but not be limited to:
10 (a) Tax increment financing through community
11 redevelopment agencies pursuant to part III of chapter 163.
12 (b) Enterprise zone tax exemptions for businesses
13 pursuant to chapters 196 and 290.
14 (c) Safe neighborhood improvement districts as
15 provided in ss. 163.501-163.523.
16 (d) Waiver, reduction, or limitation by line of
17 business with respect to occupational license taxes pursuant
18 to chapter 205.
19 (e) Tax exemption for historic properties as provided
20 in s. 196.1997.
21 (f) Residential electricity exemption of up to the
22 first 500 kilowatts of use may be exempted from the municipal
23 public service tax pursuant to s. 166.231.
24 (g) Minority business enterprise programs as provided
25 in s. 287.0943.
26 (h) Electric and gas tax exemption as provided in s.
27 166.231(6).
28 (i) Economic development tax abatement as provided in
29 s. 196.1995.
30 (j) Grants, including community development block
31 grants.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 (k) Pledging of revenues to secure bonds.
2 (l) Low-interest revolving loans and zero-interest
3 loan pools.
4 (m) Local grant programs for facade, storefront,
5 signage, and other business improvements.
6 (n) Governmental coordination of loan programs with
7 lenders, such as microloans, business reserve fund loans,
8 letter of credit enhancements, gap financing, land lease and
9 sublease loans, and private equity.
10 (o) Payment schedules over time for payment of fees,
11 within criteria, and marginal cost pricing.
12 (p) The sales tax rebate established for an eligible
13 county with a significant new facility on a qualifying site
14 under subsection (4).
15 (2) Regulatory incentives may include, but not be
16 limited to:
17 (a) Cities' absorption of developers' concurrency
18 needs.
19 (b) Developers' performance of certain analyses.
20 (c) Exemptions and lessening of state and local review
21 requirements.
22 (d) Water and sewer regulatory incentives.
23 (e) Waiver of transportation impact fees and permit
24 fees.
25 (f) Zoning incentives to reduce review requirements
26 for redevelopment changes in use and occupancy; establishment
27 of code criteria for specific uses; and institution of credits
28 for previous use within the area.
29 (g) Flexibility in parking standards and buffer zone
30 standards.
31 (h) Environmental management through specific code
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 criteria and conditions allowed by current law.
2 (i) Maintenance standards and activities by ordinance
3 and otherwise, and increased security and crime prevention
4 measures available through special assessments.
5 (j) Traffic-calming measures.
6 (k) Historic preservation ordinances, loan programs,
7 and review and permitting procedures.
8 (l) One-stop permitting and streamlined development
9 and permitting process.
10 (3) Technical assistance incentives may include, but
11 not be limited to:
12 (a) Expedited development applications.
13 (b) Formal and informal information on business
14 incentives and financial programs.
15 (c) Site design assistance.
16 (d) Marketing and promotion of projects or areas.
17 (4)(a) Effective July 1, 2006, the governing board of
18 an eligible county which constructs, reconstructs, renovates,
19 expands, or rehabilitates, either directly or indirectly
20 through turnkey or other contractual arrangements, a
21 significant new facility on a qualifying site shall be
22 entitled to receive sales tax rebates pursuant to s.
23 212.20(6)(e)7.e. in the manner provided in this subsection.
24 (b) For purposes of this subsection:
25 1. "Eligible county" means a county which constructs,
26 reconstructs, renovates, expands, or rehabilitates, either
27 directly or through turnkey or similar contractual
28 arrangements, a significant new facility on a qualifying site.
29 2. "Qualifying site" means a site located in a
30 brownfield area designated under s. 376.80 that is owned by an
31 eligible county and is within the boundaries of a local
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 government impacted by a financial emergency.
2 3. "Local government impacted by a financial
3 emergency" means a county or municipality that has a resident
4 population of 300,000 or more and that has been declared in a
5 state of financial emergency pursuant to part V of chapter 218
6 at any time preceding the date on which construction of a
7 significant new facility commences.
8 4. "Significant new facility" means a real property
9 improvement on a qualifying site as defined in s. 218.503.
10 5. "Cost," with respect to the qualifying site and
11 significant new facility, shall have the same meaning as
12 provided by s. 190.003(7).
13 6. "Department" means the Department of Revenue.
14 (c) The governing authority of an eligible county
15 shall notify the department in writing of its eligibility to
16 receive the sales tax rebate provided for by this subsection
17 and shall accompany such notice with:
18 1. Evidence that the significant new facility will be
19 located on a qualifying site.
20 2. Copies, certified by the clerk of the eligible
21 county as true and correct copies, of fully executed
22 construction contracts and other contractual arrangements
23 evidencing that the projected cost of the construction,
24 reconstruction, renovation, expansion, or rehabilitation of
25 the significant new facility and acquisition and remediation
26 of the qualifying site on which it is located exceeds $300
27 million, of which not less than $50 million will be
28 contributed by the private lessee, licensee, or operator in
29 the manner described in s. 218.503(5)(c)1.c.(II).
30 3. The fully executed agreement evidencing that the
31 facility has been leased to, licensed to, or is to be operated
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Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 by a private, for-profit entity for a period of not less than
2 30 years after the date of the notice.
3 (d) The department shall certify an eligible county
4 within 90 days after its receipt of the notice required by
5 paragraph (c). The department has the authority to adopt rules
6 to implement the provisions of this subsection.
7 (e) An eligible county may use funds provided pursuant
8 to s. 212.20(6)(e)7.e. only for the public purpose of paying
9 for, or pledging as security for or paying debt service on
10 bonds or other obligations issued to finance, the costs of
11 acquisition, site preparation, infrastructure development,
12 construction, reconstruction, renovation, expansion, or
13 rehabilitation of the qualifying site and significant new
14 facility to be located thereon, or for the costs of
15 infrastructure and other improvements outside the boundaries
16 of the qualifying site but which are necessary or helpful to
17 the development or operation of the significant new facility,
18 or for reimbursement of any such costs, and for the costs
19 incurred by it to remediate the qualifying site. An eligible
20 county must ensure that procurement related to the planning,
21 design, construction, building, maintenance, and operation of
22 the significant new facility contracting is reflective of the
23 racial and ethnic makeup of the community. In the event that,
24 in any fiscal year of an eligible county, the funds provided
25 pursuant to s. 212.20(6)(e)7.e. are in excess of the amount
26 necessary in such fiscal year to pay the costs related to the
27 significant new facility and qualifying site as authorized in
28 this subsection and to pay debt service on bonds or other
29 obligations related only to the costs of the bonds for
30 construction of the significant new facility issued to finance
31 or refinance all or any part of such costs, such excess funds
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 shall be applied toward or set aside for the redemption or
2 repayment of any such bonds.
3 (f) The amount of the sales tax rebate pursuant to s.
4 212.20(6)(e)7.e. to be provided to an eligible county
5 certified pursuant to this section shall be computed annually
6 and shall be equal to the sales tax imposed under chapter 212
7 attributable to that portion of the sales price as defined in
8 chapter 212 that is the surcharge imposed pursuant to s.
9 218.503 by a local government impacted by financial emergency,
10 but excluding discretionary sales surtaxes authorized under s.
11 212.055.
12 (g) The state does hereby covenant with the holders of
13 bonds or other obligations or contractual commitments secured
14 by or payable from the proceeds of the sales tax rebate
15 authorized by this subsection that it will not repeal or
16 impair, or amend in any manner which will materially and
17 adversely affect the rights of such holders, the sales tax
18 rebate provided by this subsection and s. 212.20(6)(e)7.e.;
19 however, the annual rebate amount may increase or decrease
20 based on the rebate computation provided by paragraph (f).
21 (h) The Auditor General shall conduct an audit of the
22 sales tax rebate funds provided under paragraph (a).
23 Section 3. Paragraph (e) of subsection (6) of section
24 212.20, Florida Statutes, is amended to read:
25 212.20 Funds collected, disposition; additional powers
26 of department; operational expense; refund of taxes
27 adjudicated unconstitutionally collected.--
28 (6) Distribution of all proceeds under this chapter
29 shall be as follows:
30 (e) The proceeds of all other taxes and fees imposed
31 pursuant to this chapter shall be distributed as follows:
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 1. In any fiscal year, the greater of $500 million,
2 minus an amount equal to 4.6 percent of the proceeds of the
3 taxes collected pursuant to chapter 201, or 5 percent of all
4 other taxes and fees imposed pursuant to this chapter shall be
5 deposited in monthly installments into the General Revenue
6 Fund.
7 2. Two-tenths of one percent shall be transferred to
8 the Solid Waste Management Trust Fund.
9 3. After the distribution under subparagraphs 1. and
10 2., 9.653 percent of the amount remitted by a sales tax dealer
11 located within a participating county pursuant to s. 218.61
12 shall be transferred into the Local Government Half-cent Sales
13 Tax Clearing Trust Fund.
14 4. After the distribution under subparagraphs 1., 2.,
15 and 3., 0.065 percent shall be transferred to the Local
16 Government Half-cent Sales Tax Clearing Trust Fund and
17 distributed pursuant to s. 218.65.
18 5. For proceeds received after July 1, 2000, and after
19 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
20 percent of the available proceeds pursuant to this paragraph
21 shall be transferred monthly to the Revenue Sharing Trust Fund
22 for Counties pursuant to s. 218.215.
23 6. For proceeds received after July 1, 2000, and after
24 the distributions under subparagraphs 1., 2., 3., and 4.,
25 1.0715 percent of the available proceeds pursuant to this
26 paragraph shall be transferred monthly to the Revenue Sharing
27 Trust Fund for Municipalities pursuant to s. 218.215. If the
28 total revenue to be distributed pursuant to this subparagraph
29 is at least as great as the amount due from the Revenue
30 Sharing Trust Fund for Municipalities and the Municipal
31 Financial Assistance Trust Fund in state fiscal year
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Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 1999-2000, no municipality shall receive less than the amount
2 due from the Revenue Sharing Trust Fund for Municipalities and
3 the Municipal Financial Assistance Trust Fund in state fiscal
4 year 1999-2000. If the total proceeds to be distributed are
5 less than the amount received in combination from the Revenue
6 Sharing Trust Fund for Municipalities and the Municipal
7 Financial Assistance Trust Fund in state fiscal year
8 1999-2000, each municipality shall receive an amount
9 proportionate to the amount it was due in state fiscal year
10 1999-2000.
11 7. Of the remaining proceeds:
12 a. Beginning July 1, 2000, and in each fiscal year
13 thereafter, the sum of $29,915,500 shall be divided into as
14 many equal parts as there are counties in the state, and one
15 part shall be distributed to each county. The distribution
16 among the several counties shall begin each fiscal year on or
17 before January 5th and shall continue monthly for a total of 4
18 months. If a local or special law required that any moneys
19 accruing to a county in fiscal year 1999-2000 under the
20 then-existing provisions of s. 550.135 be paid directly to the
21 district school board, special district, or a municipal
22 government, such payment shall continue until such time that
23 the local or special law is amended or repealed. The state
24 covenants with holders of bonds or other instruments of
25 indebtedness issued by local governments, special districts,
26 or district school boards prior to July 1, 2000, that it is
27 not the intent of this subparagraph to adversely affect the
28 rights of those holders or relieve local governments, special
29 districts, or district school boards of the duty to meet their
30 obligations as a result of previous pledges or assignments or
31 trusts entered into which obligated funds received from the
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Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 distribution to county governments under then-existing s.
2 550.135. This distribution specifically is in lieu of funds
3 distributed under s. 550.135 prior to July 1, 2000.
4 b. The department shall distribute $166,667 monthly
5 pursuant to s. 288.1162 to each applicant that has been
6 certified as a "facility for a new professional sports
7 franchise" or a "facility for a retained professional sports
8 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
9 distributed monthly by the department to each applicant that
10 has been certified as a "facility for a retained spring
11 training franchise" pursuant to s. 288.1162; however, not more
12 than $208,335 may be distributed monthly in the aggregate to
13 all certified facilities for a retained spring training
14 franchise. Distributions shall begin 60 days following such
15 certification and shall continue for not more than 30 years.
16 Nothing contained in this paragraph shall be construed to
17 allow an applicant certified pursuant to s. 288.1162 to
18 receive more in distributions than actually expended by the
19 applicant for the public purposes provided for in s.
20 288.1162(6). However, a certified applicant is entitled to
21 receive distributions up to the maximum amount allowable and
22 undistributed under this section for additional renovations
23 and improvements to the facility for the franchise without
24 additional certification.
25 c. Beginning 30 days after notice by the Office of
26 Tourism, Trade, and Economic Development to the Department of
27 Revenue that an applicant has been certified as the
28 professional golf hall of fame pursuant to s. 288.1168 and is
29 open to the public, $166,667 shall be distributed monthly, for
30 up to 300 months, to the applicant.
31 d. Beginning 30 days after notice by the Office of
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Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 Tourism, Trade, and Economic Development to the Department of
2 Revenue that the applicant has been certified as the
3 International Game Fish Association World Center facility
4 pursuant to s. 288.1169, and the facility is open to the
5 public, $83,333 shall be distributed monthly, for up to 168
6 months, to the applicant. This distribution is subject to
7 reduction pursuant to s. 288.1169. A lump sum payment of
8 $999,996 shall be made, after certification and before July 1,
9 2000.
10 e. Beginning 30 days after an eligible county has been
11 certified pursuant to s. 376.84(4)(d), an amount equal to the
12 sales tax rebate calculated pursuant to s. 376.84(4)(f) shall
13 be distributed each year on a monthly basis to the eligible
14 county.
15 8. All other proceeds shall remain with the General
16 Revenue Fund.
17 Section 4. If section 35 of chapter 2000-260, Laws of
18 Florida, is not repealed by section 58 of said chapter, then,
19 effective October 1, 2001, paragraph (e) of subsection (6) of
20 section 212.20, Florida Statutes, as amended by section 35 of
21 chapter 2000-260, Laws of Florida, is amended to read:
22 212.20 Funds collected, disposition; additional powers
23 of department; operational expense; refund of taxes
24 adjudicated unconstitutionally collected.--
25 (6) Distribution of all proceeds under this chapter
26 and s. 202.18(1)(b) and (2)(b) shall be as follows:
27 (e) The proceeds of all other taxes and fees imposed
28 pursuant to this chapter or remitted pursuant to s.
29 202.18(1)(b) and (2)(b) shall be distributed as follows:
30 1. In any fiscal year, the greater of $500 million,
31 minus an amount equal to 4.6 percent of the proceeds of the
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 taxes collected pursuant to chapter 201, or 5 percent of all
2 other taxes and fees imposed pursuant to this chapter or
3 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
4 deposited in monthly installments into the General Revenue
5 Fund.
6 2. Two-tenths of one percent shall be transferred to
7 the Solid Waste Management Trust Fund.
8 3. After the distribution under subparagraphs 1. and
9 2., 9.653 percent of the amount remitted by a sales tax dealer
10 located within a participating county pursuant to s. 218.61
11 shall be transferred into the Local Government Half-cent Sales
12 Tax Clearing Trust Fund.
13 4. After the distribution under subparagraphs 1., 2.,
14 and 3., 0.065 percent shall be transferred to the Local
15 Government Half-cent Sales Tax Clearing Trust Fund and
16 distributed pursuant to s. 218.65.
17 5. For proceeds received after July 1, 2000, and after
18 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
19 percent of the available proceeds pursuant to this paragraph
20 shall be transferred monthly to the Revenue Sharing Trust Fund
21 for Counties pursuant to s. 218.215.
22 6. For proceeds received after July 1, 2000, and after
23 the distributions under subparagraphs 1., 2., 3., and 4.,
24 1.0715 percent of the available proceeds pursuant to this
25 paragraph shall be transferred monthly to the Revenue Sharing
26 Trust Fund for Municipalities pursuant to s. 218.215. If the
27 total revenue to be distributed pursuant to this subparagraph
28 is at least as great as the amount due from the Revenue
29 Sharing Trust Fund for Municipalities and the Municipal
30 Financial Assistance Trust Fund in state fiscal year
31 1999-2000, no municipality shall receive less than the amount
18
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 due from the Revenue Sharing Trust Fund for Municipalities and
2 the Municipal Financial Assistance Trust Fund in state fiscal
3 year 1999-2000. If the total proceeds to be distributed are
4 less than the amount received in combination from the Revenue
5 Sharing Trust Fund for Municipalities and the Municipal
6 Financial Assistance Trust Fund in state fiscal year
7 1999-2000, each municipality shall receive an amount
8 proportionate to the amount it was due in state fiscal year
9 1999-2000.
10 7. Of the remaining proceeds:
11 a. Beginning July 1, 2000, and in each fiscal year
12 thereafter, the sum of $29,915,500 shall be divided into as
13 many equal parts as there are counties in the state, and one
14 part shall be distributed to each county. The distribution
15 among the several counties shall begin each fiscal year on or
16 before January 5th and shall continue monthly for a total of 4
17 months. If a local or special law required that any moneys
18 accruing to a county in fiscal year 1999-2000 under the
19 then-existing provisions of s. 550.135 be paid directly to the
20 district school board, special district, or a municipal
21 government, such payment shall continue until such time that
22 the local or special law is amended or repealed. The state
23 covenants with holders of bonds or other instruments of
24 indebtedness issued by local governments, special districts,
25 or district school boards prior to July 1, 2000, that it is
26 not the intent of this subparagraph to adversely affect the
27 rights of those holders or relieve local governments, special
28 districts, or district school boards of the duty to meet their
29 obligations as a result of previous pledges or assignments or
30 trusts entered into which obligated funds received from the
31 distribution to county governments under then-existing s.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 550.135. This distribution specifically is in lieu of funds
2 distributed under s. 550.135 prior to July 1, 2000.
3 b. The department shall distribute $166,667 monthly
4 pursuant to s. 288.1162 to each applicant that has been
5 certified as a "facility for a new professional sports
6 franchise" or a "facility for a retained professional sports
7 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
8 distributed monthly by the department to each applicant that
9 has been certified as a "facility for a retained spring
10 training franchise" pursuant to s. 288.1162; however, not more
11 than $208,335 may be distributed monthly in the aggregate to
12 all certified facilities for a retained spring training
13 franchise. Distributions shall begin 60 days following such
14 certification and shall continue for not more than 30 years.
15 Nothing contained in this paragraph shall be construed to
16 allow an applicant certified pursuant to s. 288.1162 to
17 receive more in distributions than actually expended by the
18 applicant for the public purposes provided for in s.
19 288.1162(6). However, a certified applicant is entitled to
20 receive distributions up to the maximum amount allowable and
21 undistributed under this section for additional renovations
22 and improvements to the facility for the franchise without
23 additional certification.
24 c. Beginning 30 days after notice by the Office of
25 Tourism, Trade, and Economic Development to the Department of
26 Revenue that an applicant has been certified as the
27 professional golf hall of fame pursuant to s. 288.1168 and is
28 open to the public, $166,667 shall be distributed monthly, for
29 up to 300 months, to the applicant.
30 d. Beginning 30 days after notice by the Office of
31 Tourism, Trade, and Economic Development to the Department of
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 Revenue that the applicant has been certified as the
2 International Game Fish Association World Center facility
3 pursuant to s. 288.1169, and the facility is open to the
4 public, $83,333 shall be distributed monthly, for up to 168
5 months, to the applicant. This distribution is subject to
6 reduction pursuant to s. 288.1169. A lump sum payment of
7 $999,996 shall be made, after certification and before July 1,
8 2000.
9 e. Beginning 30 days after an eligible county has been
10 certified pursuant to s. 376.84(4)(d), an amount equal to the
11 sales tax rebate calculated pursuant to s. 376.84(4)(f) shall
12 be distributed each year on a monthly basis to the eligible
13 county.
14 8. All other proceeds shall remain with the General
15 Revenue Fund.
16 Section 5. Section 186.5053, Florida Statutes, is
17 created to read:
18 186.5053 South Florida Regional Planning Council
19 responsibilities.--Pursuant to s. 186.505, the South Florida
20 Regional Planning Council is authorized to undertake
21 responsibilities delegated and prescribed by federal and state
22 government, and its member units of local government, as well
23 as activities agreed to through multiparty and
24 intergovernmental voluntary agreements such as, but not
25 limited to, activities related to site rehabilitation at
26 brownfield sites within designated brownfield areas pursuant
27 to chapter 376, subject to the Department of Environmental
28 Protection's approval of all environmental regulatory
29 decisions at the sites; activities agreed to by the Eastward
30 Ho! Brownfields Partnership; activities agreed to by the Clean
31 Cities Coalition; and activities agreed to in the South Dade
21
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 Watershed memorandum of understanding.
2 Section 6. It is the intent of the Legislature that
3 the provisions of this act are severable. If any provision of
4 this act is held invalid, the remaining provisions shall
5 survive.
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 97, line 16 remove all of said line
11
12 and insert:
13 An act relating to taxation; amending s.
14 218.503, F.S.; providing that certain
15 municipalities that have been declared in a
16 state of financial emergency may impose a
17 per-vehicle surcharge on revenues from the sale
18 or rental of space at parking facilities;
19 providing exemptions; revising a requirement
20 relating to such municipalities' population;
21 amending the future repeal of such provisions
22 to allow for an extension of the repeal date by
23 referendum in such municipalities; providing
24 for uses of proceeds under such extension;
25 providing definitions; providing ballot
26 language; amending s. 376.84, F.S.; providing
27 definitions; providing that a county that
28 constructs, renovates, or expands a significant
29 new facility on a qualifying brownfield site is
30 entitled to a sales tax rebate if the facility
31 is leased to, licensed to, or operated by a
22
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 094130
1 private entity; providing requirements with
2 respect thereto; requiring such county to
3 submit certain information to the Department of
4 Revenue; providing for certification of the
5 county by the department; providing for rules;
6 providing for use of the rebate funds;
7 providing requirements with respect to certain
8 excess funds; providing for computation of the
9 amount of the rebate; amending s. 212.20,
10 F.S.; providing for distribution of the sales
11 tax rebate to such counties; creating s.
12 186.5053, F.S.; authorizing the South Florida
13 Regional Planning Council to undertake certain
14 responsibilities and activities; providing for
15 severability;
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