Senate Bill sb2112c1

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    Florida Senate - 2002                           CS for SB 2112

    By the Committee on Commerce and Economic Opportunities; and
    Senators Saunders and Crist




    310-2094-02

  1                      A bill to be entitled

  2         An act relating to the space industry; creating

  3         the Aerospace Infrastructure Reinvestment Act;

  4         providing legislative findings; amending s.

  5         212.20, F.S.; providing that the amounts due

  6         under the chapter on sales, use, and other

  7         transactions collected by dealers conducting

  8         business at a fixed location at the Kennedy

  9         Space Center or Cape Canaveral Air Station on

10         admissions, leases, and licenses thereto and on

11         sales of tangible personal property at such

12         business shall be separately returned and

13         distributed by the Department of Revenue to the

14         Florida Commercial Space Financing Corporation

15         and used for described purposes; defining the

16         term "aerospace infrastructure"; providing for

17         rules; providing an expiration date; providing

18         an effective date.

19  

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

21  

22         Section 1.  This act may be cited as the "Aerospace

23  Infrastructure Reinvestment Act."

24         Section 2.  The Legislature finds that promoting the

25  growth of the space industry in the state is a vital component

26  of its overall economic plan and that facilitating additions

27  to aerospace infrastructure will make the state more

28  competitive and promote the retention and growth of space

29  businesses in this state. This act therefore provides for the

30  reinvestment of certain sales tax receipts arising from the

31  

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    Florida Senate - 2002                           CS for SB 2112
    310-2094-02




  1  presence of the space industry in the state as a means of

  2  providing for that infrastructure growth.

  3         Section 3.  Paragraphs (b) and (d) of subsection (6) of

  4  section 212.20, Florida Statutes, are amended to read:

  5         212.20  Funds collected, disposition; additional powers

  6  of department; operational expense; refund of taxes

  7  adjudicated unconstitutionally collected.--

  8         (6)  Distribution of all proceeds under this chapter

  9  and s. 202.18(1)(b) and (2)(b) shall be as follows:

10         (b)  Proceeds from discretionary sales surtaxes imposed

11  pursuant to ss. 212.054 and 212.055, except those distributed

12  under sub-subparagraph (d)7.e., shall be reallocated to the

13  Discretionary Sales Surtax Clearing Trust Fund.

14         (d)  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.

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    Florida Senate - 2002                           CS for SB 2112
    310-2094-02




  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

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    Florida Senate - 2002                           CS for SB 2112
    310-2094-02




  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

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    Florida Senate - 2002                           CS for SB 2112
    310-2094-02




  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.  Every dealer conducting business at a fixed

29  location at the Kennedy Space Center or Cape Canaveral Air

30  Station and selling admissions to the Kennedy Space Center or

31  Cape Canaveral Air Station, or any part of either, pursuant to

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    Florida Senate - 2002                           CS for SB 2112
    310-2094-02




  1  a contract with the National Aeronautics and Space

  2  Administration or pursuant to a subcontract thereto, shall

  3  file returns each month in accordance with this

  4  sub-subparagraph. Each such dealer shall file a separate

  5  return each month which reports, separately from any other

  6  sales and use taxes due pursuant to this chapter, the sale of

  7  admissions to the Kennedy Space Center or Cape Canaveral Air

  8  Station or any part thereof or to any event held at either

  9  location, together with sales at retail of tangible personal

10  property from such fixed place of business, and leases and

11  licenses by the dealer at Kennedy Space Center or Cape

12  Canaveral Air Station taxable pursuant to s. 212.031, and the

13  taxes collected by the dealer with respect to such admissions,

14  leases, licenses, and sales. All amounts due pursuant to this

15  chapter with respect to such transactions shall be timely

16  remitted to the department. The dealer shall simultaneously

17  file a copy of the return with the Florida Commercial Space

18  Financing Corporation and a copy with the director of the

19  Office of Tourism, Trade, and Economic Development, all of

20  which return copies and information therein shall be subject

21  to the same confidentiality provisions as are applicable to

22  returns and information filed with the department pursuant to

23  s. 213.053. Each month the department shall distribute to the

24  Florida Commercial Space Financing Corporation all such

25  proceeds collected and remitted to the department as shown on

26  the returns required by this sub-subparagraph. The first $1.5

27  million in such funds distributed to the Florida Commercial

28  Space Financing Corporation must be expended for aerospace

29  infrastructure, as defined in this sub-subparagraph, used in

30  or pertaining directly to human space flight, including, but

31  not limited to, space shuttle orbiter maintenance,

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    Florida Senate - 2002                           CS for SB 2112
    310-2094-02




  1  modifications, and related activities. The remainder of funds

  2  distributed to the Florida Commercial Space Financing

  3  Corporation must be used solely for funding aerospace

  4  infrastructure as defined in this sub-subparagraph. In the

  5  event the department collects any additional amounts pursuant

  6  to this chapter with respect to any transactions for which a

  7  separate return is required by this sub-subparagraph, the

  8  proceeds shall, within 30 days following collection, be

  9  distributed by the department to the Florida Commercial Space

10  Financing Corporation for the uses specified in this

11  sub-subparagraph. For purposes of this sub-subparagraph, the

12  term "aerospace infrastructure" means land, buildings and

13  other improvements, fixtures, machinery, equipment,

14  instruments, and software that will improve the state's

15  capability to ensure security, or to support, expand, or

16  attract the launch, construction, processing, refurbishment,

17  or manufacturing of rockets, missiles, capsules, spacecraft,

18  satellites, satellite control facilities, ground support

19  equipment and related tangible personal property, launch

20  vehicles, modules, space stations or components destined for

21  space station operation, and space flight research and

22  development facilities, instruments, and equipment, together

23  with any engineering, permitting, and other expenses,

24  including, but not limited to, utility location, relocation,

25  and realignment directly related to such land, buildings,

26  improvements, fixtures, machinery, equipment, instruments, or

27  software. This sub-subparagraph shall not be construed as

28  affecting any dealer's liability for other taxes imposed by

29  and due pursuant to this chapter. This sub-subparagraph

30  expires July 1, 2007.

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    Florida Senate - 2002                           CS for SB 2112
    310-2094-02




  1         8.  All other proceeds shall remain with the General

  2  Revenue Fund.

  3         Section 4.  The Department of Revenue is authorized to

  4  promulgate rules implementing the provisions of this act.

  5         Section 5.  This act shall take effect July 1, 2002,

  6  and be applicable to taxes due on or after that date and

  7  sections 1, 2, and 4 of this act shall expire July 1, 2007.

  8  

  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 2112

11                                 

12  The committee substitute makes technical changes to SB 2112 in
    order to conform it to its companion bill in the House of
13  Representatives.

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