Senate Bill sb0012Aer
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2 An act relating to the Public Employees
3 Relations Commission; amending s. 212.20, F.S.;
4 providing for deposit into the Public Employees
5 Relations Commission Trust Fund of certain
6 proceeds of the local government half-cent
7 sales tax that would otherwise be deposited
8 into the Local Government Half-cent Sales Tax
9 Clearing Trust Fund; providing for a subsequent
10 distribution; providing for construction of the
11 act in pari materia with laws enacted during
12 the 2003 Regular Session of the Legislature;
13 providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Paragraph (d) of subsection (6) of section
18 212.20, Florida Statutes, as amended by section 1 of chapter
19 2002-291, Laws of Florida, is amended to read:
20 212.20 Funds collected, disposition; additional powers
21 of department; operational expense; refund of taxes
22 adjudicated unconstitutionally collected.--
23 (6) Distribution of all proceeds under this chapter
24 and s. 202.18(1)(b) and (2)(b) shall be as follows:
25 (d) The proceeds of all other taxes and fees imposed
26 pursuant to this chapter or remitted pursuant to s.
27 202.18(1)(b) and (2)(b) shall be distributed as follows:
28 1. In any fiscal year, the greater of $500 million,
29 minus an amount equal to 4.6 percent of the proceeds of the
30 taxes collected pursuant to chapter 201, or 5 percent of all
31 other taxes and fees imposed pursuant to this chapter or
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1 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
2 deposited in monthly installments into the General Revenue
3 Fund.
4 2. Two-tenths of one percent shall be transferred to
5 the Ecosystem Management and Restoration Trust Fund to be used
6 for water quality improvement and water restoration projects.
7 3. After the distribution under subparagraphs 1. and
8 2., 9.653 percent of the amount remitted by a sales tax dealer
9 located within a participating county pursuant to s. 218.61
10 shall be transferred into the Local Government Half-cent Sales
11 Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
12 be transferred pursuant to this subparagraph to the Local
13 Government Half-cent Sales Tax Clearing Trust Fund shall be
14 reduced by 0.1 percent and the department shall distribute
15 this amount to the Public Employees Relations Commission Trust
16 Fund less $5,000 each month, which shall be added to the
17 amount calculated in subparagraph 4. and distributed
18 accordingly.
19 4. After the distribution under subparagraphs 1., 2.,
20 and 3., 0.065 percent shall be transferred to the Local
21 Government Half-cent Sales Tax Clearing Trust Fund and
22 distributed pursuant to s. 218.65.
23 5. For proceeds received after July 1, 2000, and after
24 the distributions under subparagraphs 1., 2., 3., and 4., 2.25
25 percent of the available proceeds pursuant to this paragraph
26 shall be transferred monthly to the Revenue Sharing Trust Fund
27 for Counties pursuant to s. 218.215.
28 6. For proceeds received after July 1, 2000, and after
29 the distributions under subparagraphs 1., 2., 3., and 4.,
30 1.0715 percent of the available proceeds pursuant to this
31 paragraph shall be transferred monthly to the Revenue Sharing
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1 Trust Fund for Municipalities pursuant to s. 218.215. If the
2 total revenue to be distributed pursuant to this subparagraph
3 is at least as great as the amount due from the Revenue
4 Sharing Trust Fund for Municipalities and the Municipal
5 Financial Assistance Trust Fund in state fiscal year
6 1999-2000, no municipality shall receive less than the amount
7 due from the Revenue Sharing Trust Fund for Municipalities and
8 the Municipal Financial Assistance Trust Fund in state fiscal
9 year 1999-2000. If the total proceeds to be distributed are
10 less than the amount received in combination from the Revenue
11 Sharing Trust Fund for Municipalities and the Municipal
12 Financial Assistance Trust Fund in state fiscal year
13 1999-2000, each municipality shall receive an amount
14 proportionate to the amount it was due in state fiscal year
15 1999-2000.
16 7. Of the remaining proceeds:
17 a. Beginning July 1, 2000, and in each fiscal year
18 thereafter, the sum of $29,915,500 shall be divided into as
19 many equal parts as there are counties in the state, and one
20 part shall be distributed to each county. The distribution
21 among the several counties shall begin each fiscal year on or
22 before January 5th and shall continue monthly for a total of 4
23 months. If a local or special law required that any moneys
24 accruing to a county in fiscal year 1999-2000 under the
25 then-existing provisions of s. 550.135 be paid directly to the
26 district school board, special district, or a municipal
27 government, such payment shall continue until such time that
28 the local or special law is amended or repealed. The state
29 covenants with holders of bonds or other instruments of
30 indebtedness issued by local governments, special districts,
31 or district school boards prior to July 1, 2000, that it is
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1 not the intent of this subparagraph to adversely affect the
2 rights of those holders or relieve local governments, special
3 districts, or district school boards of the duty to meet their
4 obligations as a result of previous pledges or assignments or
5 trusts entered into which obligated funds received from the
6 distribution to county governments under then-existing s.
7 550.135. This distribution specifically is in lieu of funds
8 distributed under s. 550.135 prior to July 1, 2000.
9 b. The department shall distribute $166,667 monthly
10 pursuant to s. 288.1162 to each applicant that has been
11 certified as a "facility for a new professional sports
12 franchise" or a "facility for a retained professional sports
13 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
14 distributed monthly by the department to each applicant that
15 has been certified as a "facility for a retained spring
16 training franchise" pursuant to s. 288.1162; however, not more
17 than $208,335 may be distributed monthly in the aggregate to
18 all certified facilities for a retained spring training
19 franchise. Distributions shall begin 60 days following such
20 certification and shall continue for not more than 30 years.
21 Nothing contained in this paragraph shall be construed to
22 allow an applicant certified pursuant to s. 288.1162 to
23 receive more in distributions than actually expended by the
24 applicant for the public purposes provided for in s.
25 288.1162(6). However, a certified applicant is entitled to
26 receive distributions up to the maximum amount allowable and
27 undistributed under this section for additional renovations
28 and improvements to the facility for the franchise without
29 additional certification.
30 c. Beginning 30 days after notice by the Office of
31 Tourism, Trade, and Economic Development to the Department of
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1 Revenue that an applicant has been certified as the
2 professional golf hall of fame pursuant to s. 288.1168 and is
3 open to the public, $166,667 shall be distributed monthly, for
4 up to 300 months, to the applicant.
5 d. Beginning 30 days after notice by the Office of
6 Tourism, Trade, and Economic Development to the Department of
7 Revenue that the applicant has been certified as the
8 International Game Fish Association World Center facility
9 pursuant to s. 288.1169, and the facility is open to the
10 public, $83,333 shall be distributed monthly, for up to 168
11 months, to the applicant. This distribution is subject to
12 reduction pursuant to s. 288.1169. A lump sum payment of
13 $999,996 shall be made, after certification and before July 1,
14 2000.
15 8. All other proceeds shall remain with the General
16 Revenue Fund.
17 Section 2. If any law amended by this act was also
18 amended by a law enacted at the 2003 Regular Session of the
19 Legislature, such laws shall be construed as if they had been
20 enacted at the same session of the Legislature, and full
21 effect shall be given to each if possible.
22 Section 3. This act shall take effect July 1, 2003.
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