SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
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 893732
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 893732
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 $50
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 1,500 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 893732
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.
9 3. If a majority of the electors of the municipality
10 voting on this question in the election approve the imposition
11 of the surcharge or extension of the repeal date and if
12 construction of a significant new facility is commenced by
13 June 30, 2006, on a qualifying site, this subsection shall be
14 repealed June 30, 2046. Notwithstanding the provisions of
15 paragraph (b), if an extension is approved pursuant to this
16 subparagraph, the funds generated by the surcharge shall be
17 distributed as specified in paragraph (e).
18 (e) Effective January 1, 2005, 33 1/3 percent of the
19 surcharge proceeds shall be remitted to the eligible county
20 and expended as provided in paragraph (f). The remaining
21 proceeds shall be retained by the municipal governing
22 authority, which shall expend the proceeds pursuant to
23 paragraph (h). However, beginning January 1, 2007, the payment
24 to the eligible county shall not in any fiscal year be less
25 than the amount remitted to an eligible county in the
26 preceding fiscal year and, for the purpose of assuring the
27 remittances, the proceeds received by the municipality in the
28 last three months of each fiscal year shall be held and
29 remitted on the last day of the fiscal year so that the
30 eligible county will receive no less than the amount remitted
31 in the preceding fiscal year.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 (f) An eligible county that receives proceeds from the
2 surcharge may utilize them to construct, reconstruct,
3 renovate, expand, or rehabilitate, directly or indirectly
4 through turnkey or other contractual arrangements, a
5 significant new facility on a qualifying site in the manner
6 provided in this paragraph.
7 1. An eligible county may use funds provided pursuant
8 to this paragraph only for the public purpose of paying debt
9 service on bonds or other obligations issued to finance the
10 costs of acquisition, site preparation, infrastructure
11 development, construction, reconstruction, renovation,
12 expansion, or rehabilitation of the qualifying site and
13 significant new facility to be located thereon, or for the
14 costs of infrastructure and other improvements outside the
15 boundaries of the qualifying site but which are necessary or
16 helpful to the development or operation of the facility, or
17 for reimbursement of such costs, and the costs incurred by it
18 to remediate the qualifying site.
19 2. If in any fiscal year the funds provided pursuant
20 to this paragraph exceed the amounts necessary in that fiscal
21 year to pay the costs related to the significant new facility
22 and the qualifying site pursuant to this subsection and to pay
23 the debt service on bonds or other obligations issued to
24 finance or refinance such costs, the excess funds shall be
25 used to fund required reserves.
26 (g) An eligible county must take affirmative measures
27 to ensure that procurement related to the planning, design,
28 construction, building, maintenance, and operation of the
29 significant new facility contracting is reflective of the
30 racial and ethnic makeup of the community.
31 (h) Of the funds remaining after the distributions to
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 the eligible county required in paragraph (e), $1 million
2 shall be distributed to a not-for-profit economic development
3 trust in an eligible county, which shall use the funds for
4 primary learning centers in blighted urbanized areas,
5 brownfield redevelopment, and economic development, which
6 amount shall adjust upwards or downwards at the same
7 percentage as the increase or decrease in the surcharge
8 overall. Of the remaining funds thereafter, not less than 60
9 percent and not more than 80 percent shall be used by the
10 governing authority to reduce its ad valorem tax millage rate
11 or to reduce or eliminate non-ad valorem assessments and no
12 less than ten 10 percent and no more than 20 percent shall be
13 allocated for infrastructure improvements and be used in the
14 downtown/urban core areas, industrial areas, suburban areas,
15 or other areas from where the facilities are located that
16 generate the funds. Areas shall be defined consistent with
17 Florida Statutes and local law.
18 1. A downtown/urban area shall be coterminous with any
19 Downtown Development District established pursuant to section
20 166.0497, Florida Statutes, or chapter 65-1090, Laws of
21 Florida or to any Community Redevelopment Agency established
22 pursuant to section 163.356, Florida Statutes. Alternatively,
23 any eligible local governmental entity may identify the
24 downtown/urban core area as any contiguous area consisting of
25 lands where the predominant acreage is designated as
26 commercial or its substantial equivalent, in an applicable
27 local government comprehensive plan.
28 2. An industrial area is any contiguous area
29 consisting of lands where the predominant acreage is
30 designated industrial or its substantial equivalent in an
31 appliable local government comprehensive plan.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 3. A suburban area is any contiguous area consisting
2 of lands where the predominant acreage is designated
3 residential or its substantial equivalent in an applicable
4 local government comprehensive plan.
5
6 Any number of areas may be used by the local governmental
7 entity, provided that the areas are defined by ordinance and
8 Florida law and include all parking facilities subject to the
9 surcharge.
10 Section 2. Section 376.84, Florida Statutes, is
11 amended to read:
12 376.84 Brownfield redevelopment economic
13 incentives.--It is the intent of the Legislature that
14 brownfield redevelopment activities be viewed as opportunities
15 to significantly improve the utilization, general condition,
16 and appearance of these sites. Different standards than those
17 in place for new development, as allowed under current state
18 and local laws, should be used to the fullest extent to
19 encourage the redevelopment of a brownfield. State and local
20 governments are encouraged to offer redevelopment incentives
21 for this purpose, as an ongoing public investment in
22 infrastructure and services, to help eliminate the public
23 health and environmental hazards, and to promote the creation
24 of jobs in these areas. Such incentives may include
25 financial, regulatory, and technical assistance to persons and
26 businesses involved in the redevelopment of the brownfield
27 pursuant to this act. The Legislature further recognizes that,
28 in communities impacted by local government financial
29 emergencies, local government resources are strained and
30 incentives to encourage the development, use, redevelopment,
31 or reuse by local government of brownfield areas designated
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 under s. 376.80 are particularly needed.
2 (1) Financial incentives and local incentives for
3 redevelopment may include, but not be limited to:
4 (a) Tax increment financing through community
5 redevelopment agencies pursuant to part III of chapter 163.
6 (b) Enterprise zone tax exemptions for businesses
7 pursuant to chapters 196 and 290.
8 (c) Safe neighborhood improvement districts as
9 provided in ss. 163.501-163.523.
10 (d) Waiver, reduction, or limitation by line of
11 business with respect to occupational license taxes pursuant
12 to chapter 205.
13 (e) Tax exemption for historic properties as provided
14 in s. 196.1997.
15 (f) Residential electricity exemption of up to the
16 first 500 kilowatts of use may be exempted from the municipal
17 public service tax pursuant to s. 166.231.
18 (g) Minority business enterprise programs as provided
19 in s. 287.0943.
20 (h) Electric and gas tax exemption as provided in s.
21 166.231(6).
22 (i) Economic development tax abatement as provided in
23 s. 196.1995.
24 (j) Grants, including community development block
25 grants.
26 (k) Pledging of revenues to secure bonds.
27 (l) Low-interest revolving loans and zero-interest
28 loan pools.
29 (m) Local grant programs for facade, storefront,
30 signage, and other business improvements.
31 (n) Governmental coordination of loan programs with
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 lenders, such as microloans, business reserve fund loans,
2 letter of credit enhancements, gap financing, land lease and
3 sublease loans, and private equity.
4 (o) Payment schedules over time for payment of fees,
5 within criteria, and marginal cost pricing.
6 (p) The sales tax rebate established for an eligible
7 county with a significant new facility on a qualifying site
8 under subsection (4).
9 (2) Regulatory incentives may include, but not be
10 limited to:
11 (a) Cities' absorption of developers' concurrency
12 needs.
13 (b) Developers' performance of certain analyses.
14 (c) Exemptions and lessening of state and local review
15 requirements.
16 (d) Water and sewer regulatory incentives.
17 (e) Waiver of transportation impact fees and permit
18 fees.
19 (f) Zoning incentives to reduce review requirements
20 for redevelopment changes in use and occupancy; establishment
21 of code criteria for specific uses; and institution of credits
22 for previous use within the area.
23 (g) Flexibility in parking standards and buffer zone
24 standards.
25 (h) Environmental management through specific code
26 criteria and conditions allowed by current law.
27 (i) Maintenance standards and activities by ordinance
28 and otherwise, and increased security and crime prevention
29 measures available through special assessments.
30 (j) Traffic-calming measures.
31 (k) Historic preservation ordinances, loan programs,
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 and review and permitting procedures.
2 (l) One-stop permitting and streamlined development
3 and permitting process.
4 (3) Technical assistance incentives may include, but
5 not be limited to:
6 (a) Expedited development applications.
7 (b) Formal and informal information on business
8 incentives and financial programs.
9 (c) Site design assistance.
10 (d) Marketing and promotion of projects or areas.
11 (4)(a) Effective July 1, 2006, the governing board of
12 an eligible county which constructs, reconstructs, renovates,
13 expands, or rehabilitates, either directly or indirectly
14 through turnkey or other contractual arrangements, a
15 significant new facility on a qualifying site shall be
16 entitled to receive sales tax rebates pursuant to s.
17 212.20(6)(e)7.e. in the manner provided in this subsection.
18 (b) For purposes of this subsection:
19 1. "Eligible county" means a county which constructs,
20 reconstructs, renovates, expands, or rehabilitates, either
21 directly or through turnkey or similar contractual
22 arrangements, a significant new facility on a qualifying site.
23 2. "Qualifying site" means a site located in a
24 brownfield area designated under s. 376.80 that is owned by an
25 eligible county and is within the boundaries of a local
26 government impacted by a financial emergency.
27 3. "Local government impacted by a financial
28 emergency" means a county or municipality that has a resident
29 population of 300,000 or more and that has been declared in a
30 state of financial emergency pursuant to part V of chapter 218
31 at any time preceding the date on which construction of a
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 significant new facility commences.
2 4. "Significant new facility" means a real property
3 improvement on a qualifying site as defined in s. 218.503.
4 5. "Cost," with respect to the qualifying site and
5 significant new facility, shall have the same meaning as
6 provided by s. 190.003(7).
7 6. "Department" means the Department of Revenue.
8 (c) The governing authority of an eligible county
9 shall notify the department in writing of its eligibility to
10 receive the sales tax rebate provided for by this subsection
11 and shall accompany such notice with:
12 1. Evidence that the significant new facility will be
13 located on a qualifying site.
14 2. Copies, certified by the clerk of the eligible
15 county as true and correct copies, of fully executed
16 construction contracts and other contractual arrangements
17 evidencing that the projected cost of the construction,
18 reconstruction, renovation, expansion, or rehabilitation of
19 the significant new facility and acquisition and remediation
20 of the qualifying site on which it is located exceeds $300
21 million, of which not less than $50 million will be
22 contributed by the private lessee, licensee, or operator in
23 the manner described in s. 218.503(5)(c)1.c.(II).
24 3. The fully executed agreement evidencing that the
25 facility has been leased to, licensed to, or is to be operated
26 by a private, for-profit entity for a period of not less than
27 30 years after the date of the notice.
28 (d) The department shall certify an eligible county
29 within 90 days after its receipt of the notice required by
30 paragraph (c). The department has the authority to adopt rules
31 to implement the provisions of this subsection.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 (e) An eligible county may use funds provided pursuant
2 to s. 212.20(6)(e)7.e. only for the public purpose of paying
3 for, or pledging as security for or paying debt service on
4 bonds or other obligations issued to finance, the costs of
5 acquisition, site preparation, infrastructure development,
6 construction, reconstruction, renovation, expansion, or
7 rehabilitation of the qualifying site and significant new
8 facility to be located thereon, or for the costs of
9 infrastructure and other improvements outside the boundaries
10 of the qualifying site but which are necessary or helpful to
11 the development or operation of the significant new facility,
12 or for reimbursement of any such costs, and for the costs
13 incurred by it to remediate the qualifying site. An eligible
14 county must ensure that procurement related to the planning,
15 design, construction, building, maintenance, and operation of
16 the significant new facility contracting is reflective of the
17 racial and ethnic makeup of the community. In the event that,
18 in any fiscal year of an eligible county, the funds provided
19 pursuant to s. 212.20(6)(e)7.e. are in excess of the amount
20 necessary in such fiscal year to pay the costs related to the
21 significant new facility and qualifying site as authorized in
22 this subsection and to pay debt service on bonds or other
23 obligations related only to the costs of the bonds for
24 construction of the significant new facility issued to finance
25 or refinance all or any part of such costs, such excess funds
26 shall be applied toward or set aside for the redemption or
27 repayment of any such bonds.
28 (f) The amount of the sales tax rebate pursuant to s.
29 212.20(6)(e)7.e. to be provided to an eligible county
30 certified pursuant to this section shall be computed annually
31 and shall be equal to the sales tax imposed under chapter 212
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 attributable to that portion of the sales price as defined in
2 chapter 212 that is the surcharge imposed pursuant to s.
3 218.503 by a local government impacted by financial emergency,
4 but excluding discretionary sales surtaxes authorized under s.
5 212.055.
6 (g) The state does hereby covenant with the holders of
7 bonds or other obligations or contractual commitments secured
8 by or payable from the proceeds of the sales tax rebate
9 authorized by this subsection that it will not repeal or
10 impair, or amend in any manner which will materially and
11 adversely affect the rights of such holders, the sales tax
12 rebate provided by this subsection and s. 212.20(6)(e)7.e.;
13 however, the annual rebate amount may increase or decrease
14 based on the rebate computation provided by paragraph (f).
15 Section 3. Paragraph (e) of subsection (6) of section
16 212.20, Florida Statutes, is amended to read:
17 212.20 Funds collected, disposition; additional powers
18 of department; operational expense; refund of taxes
19 adjudicated unconstitutionally collected.--
20 (6) Distribution of all proceeds under this chapter
21 shall be as follows:
22 (e) The proceeds of all other taxes and fees imposed
23 pursuant to this chapter shall be distributed as follows:
24 1. In any fiscal year, the greater of $500 million,
25 minus an amount equal to 4.6 percent of the proceeds of the
26 taxes collected pursuant to chapter 201, or 5 percent of all
27 other taxes and fees imposed pursuant to this chapter shall be
28 deposited in monthly installments into the General Revenue
29 Fund.
30 2. Two-tenths of one percent shall be transferred to
31 the Solid Waste Management Trust Fund.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 3. After the distribution under subparagraphs 1. and
2 2., 9.653 percent of the amount remitted by a sales tax dealer
3 located within a participating county pursuant to s. 218.61
4 shall be transferred into the Local Government Half-cent Sales
5 Tax Clearing Trust Fund.
6 4. After the distribution under subparagraphs 1., 2.,
7 and 3., 0.065 percent shall be transferred to the Local
8 Government Half-cent Sales Tax Clearing Trust Fund and
9 distributed pursuant to s. 218.65.
10 5. For proceeds received after July 1, 2000, and after
11 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
12 percent of the available proceeds pursuant to this paragraph
13 shall be transferred monthly to the Revenue Sharing Trust Fund
14 for Counties pursuant to s. 218.215.
15 6. For proceeds received after July 1, 2000, and after
16 the distributions under subparagraphs 1., 2., 3., and 4.,
17 1.0715 percent of the available proceeds pursuant to this
18 paragraph shall be transferred monthly to the Revenue Sharing
19 Trust Fund for Municipalities pursuant to s. 218.215. If the
20 total revenue to be distributed pursuant to this subparagraph
21 is at least as great as the amount due from the Revenue
22 Sharing Trust Fund for Municipalities and the Municipal
23 Financial Assistance Trust Fund in state fiscal year
24 1999-2000, no municipality shall receive less than the amount
25 due from the Revenue Sharing Trust Fund for Municipalities and
26 the Municipal Financial Assistance Trust Fund in state fiscal
27 year 1999-2000. If the total proceeds to be distributed are
28 less than the amount received in combination from the Revenue
29 Sharing Trust Fund for Municipalities and the Municipal
30 Financial Assistance Trust Fund in state fiscal year
31 1999-2000, each municipality shall receive an amount
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 proportionate to the amount it was due in state fiscal year
2 1999-2000.
3 7. Of the remaining proceeds:
4 a. Beginning July 1, 2000, and in each fiscal year
5 thereafter, the sum of $29,915,500 shall be divided into as
6 many equal parts as there are counties in the state, and one
7 part shall be distributed to each county. The distribution
8 among the several counties shall begin each fiscal year on or
9 before January 5th and shall continue monthly for a total of 4
10 months. If a local or special law required that any moneys
11 accruing to a county in fiscal year 1999-2000 under the
12 then-existing provisions of s. 550.135 be paid directly to the
13 district school board, special district, or a municipal
14 government, such payment shall continue until such time that
15 the local or special law is amended or repealed. The state
16 covenants with holders of bonds or other instruments of
17 indebtedness issued by local governments, special districts,
18 or district school boards prior to July 1, 2000, that it is
19 not the intent of this subparagraph to adversely affect the
20 rights of those holders or relieve local governments, special
21 districts, or district school boards of the duty to meet their
22 obligations as a result of previous pledges or assignments or
23 trusts entered into which obligated funds received from the
24 distribution to county governments under then-existing s.
25 550.135. This distribution specifically is in lieu of funds
26 distributed under s. 550.135 prior to July 1, 2000.
27 b. The department shall distribute $166,667 monthly
28 pursuant to s. 288.1162 to each applicant that has been
29 certified as a "facility for a new professional sports
30 franchise" or a "facility for a retained professional sports
31 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 distributed monthly by the department to each applicant that
2 has been certified as a "facility for a retained spring
3 training franchise" pursuant to s. 288.1162; however, not more
4 than $208,335 may be distributed monthly in the aggregate to
5 all certified facilities for a retained spring training
6 franchise. Distributions shall begin 60 days following such
7 certification and shall continue for not more than 30 years.
8 Nothing contained in this paragraph shall be construed to
9 allow an applicant certified pursuant to s. 288.1162 to
10 receive more in distributions than actually expended by the
11 applicant for the public purposes provided for in s.
12 288.1162(6). However, a certified applicant is entitled to
13 receive distributions up to the maximum amount allowable and
14 undistributed under this section for additional renovations
15 and improvements to the facility for the franchise without
16 additional certification.
17 c. Beginning 30 days after notice by the Office of
18 Tourism, Trade, and Economic Development to the Department of
19 Revenue that an applicant has been certified as the
20 professional golf hall of fame pursuant to s. 288.1168 and is
21 open to the public, $166,667 shall be distributed monthly, for
22 up to 300 months, to the applicant.
23 d. Beginning 30 days after notice by the Office of
24 Tourism, Trade, and Economic Development to the Department of
25 Revenue that the applicant has been certified as the
26 International Game Fish Association World Center facility
27 pursuant to s. 288.1169, and the facility is open to the
28 public, $83,333 shall be distributed monthly, for up to 168
29 months, to the applicant. This distribution is subject to
30 reduction pursuant to s. 288.1169. A lump sum payment of
31 $999,996 shall be made, after certification and before July 1,
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 2000.
2 e. Beginning 30 days after an eligible county has been
3 certified pursuant to s. 376.84(4)(d), an amount equal to the
4 sales tax rebate calculated pursuant to s. 376.84(4)(f) shall
5 be distributed each year on a monthly basis to the eligible
6 county.
7 8. All other proceeds shall remain with the General
8 Revenue Fund.
9 Section 4. If section 35 of chapter 2000-260, Laws of
10 Florida, is not repealed by section 58 of said chapter, then,
11 effective October 1, 2001, paragraph (e) of subsection (6) of
12 section 212.20, Florida Statutes, as amended by section 35 of
13 chapter 2000-260, Laws of Florida, is amended to read:
14 212.20 Funds collected, disposition; additional powers
15 of department; operational expense; refund of taxes
16 adjudicated unconstitutionally collected.--
17 (6) Distribution of all proceeds under this chapter
18 and s. 202.18(1)(b) and (2)(b) shall be as follows:
19 (e) The proceeds of all other taxes and fees imposed
20 pursuant to this chapter or remitted pursuant to s.
21 202.18(1)(b) and (2)(b) shall be distributed as follows:
22 1. In any fiscal year, the greater of $500 million,
23 minus an amount equal to 4.6 percent of the proceeds of the
24 taxes collected pursuant to chapter 201, or 5 percent of all
25 other taxes and fees imposed pursuant to this chapter or
26 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
27 deposited in monthly installments into the General Revenue
28 Fund.
29 2. Two-tenths of one percent shall be transferred to
30 the Solid Waste Management Trust Fund.
31 3. After the distribution under subparagraphs 1. and
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 2., 9.653 percent of the amount remitted by a sales tax dealer
2 located within a participating county pursuant to s. 218.61
3 shall be transferred into the Local Government Half-cent Sales
4 Tax Clearing Trust Fund.
5 4. After the distribution under subparagraphs 1., 2.,
6 and 3., 0.065 percent shall be transferred to the Local
7 Government Half-cent Sales Tax Clearing Trust Fund and
8 distributed pursuant to s. 218.65.
9 5. For proceeds received after July 1, 2000, and after
10 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
11 percent of the available proceeds pursuant to this paragraph
12 shall be transferred monthly to the Revenue Sharing Trust Fund
13 for Counties pursuant to s. 218.215.
14 6. For proceeds received after July 1, 2000, and after
15 the distributions under subparagraphs 1., 2., 3., and 4.,
16 1.0715 percent of the available proceeds pursuant to this
17 paragraph shall be transferred monthly to the Revenue Sharing
18 Trust Fund for Municipalities pursuant to s. 218.215. If the
19 total revenue to be distributed pursuant to this subparagraph
20 is at least as great as the amount due from the Revenue
21 Sharing Trust Fund for Municipalities and the Municipal
22 Financial Assistance Trust Fund in state fiscal year
23 1999-2000, no municipality shall receive less than the amount
24 due from the Revenue Sharing Trust Fund for Municipalities and
25 the Municipal Financial Assistance Trust Fund in state fiscal
26 year 1999-2000. If the total proceeds to be distributed are
27 less than the amount received in combination from the Revenue
28 Sharing Trust Fund for Municipalities and the Municipal
29 Financial Assistance Trust Fund in state fiscal year
30 1999-2000, each municipality shall receive an amount
31 proportionate to the amount it was due in state fiscal year
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 1999-2000.
2 7. Of the remaining proceeds:
3 a. Beginning July 1, 2000, and in each fiscal year
4 thereafter, the sum of $29,915,500 shall be divided into as
5 many equal parts as there are counties in the state, and one
6 part shall be distributed to each county. The distribution
7 among the several counties shall begin each fiscal year on or
8 before January 5th and shall continue monthly for a total of 4
9 months. If a local or special law required that any moneys
10 accruing to a county in fiscal year 1999-2000 under the
11 then-existing provisions of s. 550.135 be paid directly to the
12 district school board, special district, or a municipal
13 government, such payment shall continue until such time that
14 the local or special law is amended or repealed. The state
15 covenants with holders of bonds or other instruments of
16 indebtedness issued by local governments, special districts,
17 or district school boards prior to July 1, 2000, that it is
18 not the intent of this subparagraph to adversely affect the
19 rights of those holders or relieve local governments, special
20 districts, or district school boards of the duty to meet their
21 obligations as a result of previous pledges or assignments or
22 trusts entered into which obligated funds received from the
23 distribution to county governments under then-existing s.
24 550.135. This distribution specifically is in lieu of funds
25 distributed under s. 550.135 prior to July 1, 2000.
26 b. The department shall distribute $166,667 monthly
27 pursuant to s. 288.1162 to each applicant that has been
28 certified as a "facility for a new professional sports
29 franchise" or a "facility for a retained professional sports
30 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
31 distributed monthly by the department to each applicant that
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 has been certified as a "facility for a retained spring
2 training franchise" pursuant to s. 288.1162; however, not more
3 than $208,335 may be distributed monthly in the aggregate to
4 all certified facilities for a retained spring training
5 franchise. Distributions shall begin 60 days following such
6 certification and shall continue for not more than 30 years.
7 Nothing contained in this paragraph shall be construed to
8 allow an applicant certified pursuant to s. 288.1162 to
9 receive more in distributions than actually expended by the
10 applicant for the public purposes provided for in s.
11 288.1162(6). However, a certified applicant is entitled to
12 receive distributions up to the maximum amount allowable and
13 undistributed under this section for additional renovations
14 and improvements to the facility for the franchise without
15 additional certification.
16 c. Beginning 30 days after notice by the Office of
17 Tourism, Trade, and Economic Development to the Department of
18 Revenue that an applicant has been certified as the
19 professional golf hall of fame pursuant to s. 288.1168 and is
20 open to the public, $166,667 shall be distributed monthly, for
21 up to 300 months, to the applicant.
22 d. Beginning 30 days after notice by the Office of
23 Tourism, Trade, and Economic Development to the Department of
24 Revenue that the applicant has been certified as the
25 International Game Fish Association World Center facility
26 pursuant to s. 288.1169, and the facility is open to the
27 public, $83,333 shall be distributed monthly, for up to 168
28 months, to the applicant. This distribution is subject to
29 reduction pursuant to s. 288.1169. A lump sum payment of
30 $999,996 shall be made, after certification and before July 1,
31 2000.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 e. Beginning 30 days after an eligible county has been
2 certified pursuant to s. 376.84(4)(d), an amount equal to the
3 sales tax rebate calculated pursuant to s. 376.84(4)(f) shall
4 be distributed each year on a monthly basis to the eligible
5 county.
6 8. All other proceeds shall remain with the General
7 Revenue Fund.
8 Section 5. Section 186.5053, Florida Statutes, is
9 created to read:
10 186.5053 South Florida Regional Planning Council
11 responsibilities.--Pursuant to s. 186.505, the South Florida
12 Regional Planning Council is authorized to undertake
13 responsibilities delegated and prescribed by federal and state
14 government, and its member units of local government, as well
15 as activities agreed to through multiparty and
16 intergovernmental voluntary agreements such as, but not
17 limited to, activities related to site rehabilitation at
18 brownfield sites within designated brownfield areas pursuant
19 to chapter 376, subject to the Department of Environmental
20 Protection's approval of all environmental regulatory
21 decisions at the sites; activities agreed to by the Eastward
22 Ho! Brownfields Partnership; activities agreed to by the Clean
23 Cities Coalition; and activities agreed to in the South Dade
24 Watershed memorandum of understanding.
25 Section 6. It is the intent of the Legislature that
26 the provisions of this act are severable. If any provision of
27 this act is held invalid, the remaining provisions shall
28 survive.
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 97, line 16 remove all of said line
4
5 and insert:
6 An act relating to taxation; amending s.
7 218.503, F.S.; providing that certain
8 municipalities that have been declared in a
9 state of financial emergency may impose a
10 per-vehicle surcharge on revenues from the sale
11 or rental of space at parking facilities;
12 providing exemptions; revising a requirement
13 relating to such municipalities' population;
14 amending the future repeal of such provisions
15 to allow for an extension of the repeal date by
16 referendum in such municipalities; providing
17 for uses of proceeds under such extension;
18 providing definitions; providing ballot
19 language; amending s. 376.84, F.S.; providing
20 definitions; providing that a county that
21 constructs, renovates, or expands a significant
22 new facility on a qualifying brownfield site is
23 entitled to a sales tax rebate if the facility
24 is leased to, licensed to, or operated by a
25 private entity; providing requirements with
26 respect thereto; requiring such county to
27 submit certain information to the Department of
28 Revenue; providing for certification of the
29 county by the department; providing for rules;
30 providing for use of the rebate funds;
31 providing requirements with respect to certain
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SENATE AMENDMENT
Bill No. HB 1981, 2nd Eng.
Amendment No. ___ Barcode 893732
1 excess funds; providing for computation of the
2 amount of the rebate; amending s. 212.20,
3 F.S.; providing for distribution of the sales
4 tax rebate to such counties; creating s.
5 186.5053, F.S.; authorizing the South Florida
6 Regional Planning Council to undertake certain
7 responsibilities and activities; providing for
8 severability;
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