HB 0005A 2003
1	A bill to be entitled
2	An act relating to the Public Employees Relations
3	Commission; amending s. 212.20, F.S.; providing for
4	deposit into the Public Employees Relations Commission
5	Trust Fund of certain proceeds of the local government
6	half-cent sales tax that would otherwise be deposited into
7	the Local Government Half-cent Sales Tax Clearing Trust
8	Fund; amending s. 447.305, F.S.; increasing the fee for
9	registration or renewal of registration of employee
10	organizations seeking to become certified bargaining
11	agents for public employees; providing for deposit of the
12	proceeds of such fees into the Public Employees Relations
13	Commission Trust Fund; providing for construction of the
14	act in pari materia with laws enacted during the 2003
15	Regular Session of the Legislature; providing an effective
16	date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. Paragraph (d) of subsection (6) of section
21	212.20, Florida Statutes, as amended by section 1 of chapter
22	2002-291, Laws of Florida, is amended to read:
23	212.20 Funds collected, disposition; additional powers of
24	department; operational expense; refund of taxes adjudicated
25	unconstitutionally collected.--
26	(6) Distribution of all proceeds under this chapter and s.
27	202.18(1)(b) and (2)(b) shall be as follows:
28	(d) The proceeds of all other taxes and fees imposed
29	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
30	and (2)(b) shall be distributed as follows:
31	1. In any fiscal year, the greater of $500 million, minus
32	an amount equal to 4.6 percent of the proceeds of the taxes
33	collected pursuant to chapter 201, or 5 percent of all other
34	taxes and fees imposed pursuant to this chapter or remitted
35	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
36	monthly installments into the General Revenue Fund.
37	2. Two-tenths of one percent shall be transferred to the
38	Ecosystem Management and Restoration Trust Fund to be used for
39	water quality improvement and water restoration projects.
40	3. After the distribution under subparagraphs 1. and 2.,
41	9.653 percent of the amount remitted by a sales tax dealer
42	located within a participating county pursuant to s. 218.61
43	shall be transferred into the Local Government Half-cent Sales
44	Tax Clearing Trust Fund. Before transferring the amount set
45	forth in this subparagraph, the department shall distribute
46	$133,333 monthly to the Public Employees Relations Commission
47	Trust Fund.
48	4. After the distribution under subparagraphs 1., 2., and
49	3., 0.065 percent shall be transferred to the Local Government
50	Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
51	to s. 218.65.
52	5. For proceeds received after July 1, 2000, and after the
53	distributions under subparagraphs 1., 2., 3., and 4., 2.25
54	percent of the available proceeds pursuant to this paragraph
55	shall be transferred monthly to the Revenue Sharing Trust Fund
56	for Counties pursuant to s. 218.215.
57	6. For proceeds received after July 1, 2000, and after the
58	distributions under subparagraphs 1., 2., 3., and 4., 1.0715
59	percent of the available proceeds pursuant to this paragraph
60	shall be transferred monthly to the Revenue Sharing Trust Fund
61	for Municipalities pursuant to s. 218.215. If the total revenue
62	to be distributed pursuant to this subparagraph is at least as
63	great as the amount due from the Revenue Sharing Trust Fund for
64	Municipalities and the Municipal Financial Assistance Trust Fund
65	in state fiscal year 1999-2000, no municipality shall receive
66	less than the amount due from the Revenue Sharing Trust Fund for
67	Municipalities and the Municipal Financial Assistance Trust Fund
68	in state fiscal year 1999-2000. If the total proceeds to be
69	distributed are less than the amount received in combination
70	from the Revenue Sharing Trust Fund for Municipalities and the
71	Municipal Financial Assistance Trust Fund in state fiscal year
72	1999-2000, each municipality shall receive an amount
73	proportionate to the amount it was due in state fiscal year
74	1999-2000.
75	7. Of the remaining proceeds:
76	a. Beginning July 1, 2000, and in each fiscal year
77	thereafter, the sum of $29,915,500 shall be divided into as many
78	equal parts as there are counties in the state, and one part
79	shall be distributed to each county. The distribution among the
80	several counties shall begin each fiscal year on or before
81	January 5th and shall continue monthly for a total of 4 months.
82	If a local or special law required that any moneys accruing to a
83	county in fiscal year 1999-2000 under the then-existing
84	provisions of s. 550.135 be paid directly to the district school
85	board, special district, or a municipal government, such payment
86	shall continue until such time that the local or special law is
87	amended or repealed. The state covenants with holders of bonds
88	or other instruments of indebtedness issued by local
89	governments, special districts, or district school boards prior
90	to July 1, 2000, that it is not the intent of this subparagraph
91	to adversely affect the rights of those holders or relieve local
92	governments, special districts, or district school boards of the
93	duty to meet their obligations as a result of previous pledges
94	or assignments or trusts entered into which obligated funds
95	received from the distribution to county governments under then-
96	existing s. 550.135. This distribution specifically is in lieu
97	of funds distributed under s. 550.135 prior to July 1, 2000.
98	b. The department shall distribute $166,667 monthly
99	pursuant to s. 288.1162 to each applicant that has been
100	certified as a "facility for a new professional sports
101	franchise" or a "facility for a retained professional sports
102	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
103	distributed monthly by the department to each applicant that has
104	been certified as a "facility for a retained spring training
105	franchise" pursuant to s. 288.1162; however, not more than
106	$208,335 may be distributed monthly in the aggregate to all
107	certified facilities for a retained spring training franchise.
108	Distributions shall begin 60 days following such certification
109	and shall continue for not more than 30 years. Nothing contained
110	in this paragraph shall be construed to allow an applicant
111	certified pursuant to s. 288.1162 to receive more in
112	distributions than actually expended by the applicant for the
113	public purposes provided for in s. 288.1162(6). However, a
114	certified applicant is entitled to receive distributions up to
115	the maximum amount allowable and undistributed under this
116	section for additional renovations and improvements to the
117	facility for the franchise without additional certification.
118	c. Beginning 30 days after notice by the Office of
119	Tourism, Trade, and Economic Development to the Department of
120	Revenue that an applicant has been certified as the professional
121	golf hall of fame pursuant to s. 288.1168 and is open to the
122	public, $166,667 shall be distributed monthly, for up to 300
123	months, to the applicant.
124	d. Beginning 30 days after notice by the Office of
125	Tourism, Trade, and Economic Development to the Department of
126	Revenue that the applicant has been certified as the
127	International Game Fish Association World Center facility
128	pursuant to s. 288.1169, and the facility is open to the public,
129	$83,333 shall be distributed monthly, for up to 168 months, to
130	the applicant. This distribution is subject to reduction
131	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
132	made, after certification and before July 1, 2000.
133	8. All other proceeds shall remain with the General
134	Revenue Fund.
135	Section 2. Subsection (3) of section 447.305, Florida
136	Statutes, is amended to read:
137	447.305 Registration of employee organization.--
138	(3) A registration fee shall accompany each application
139	filed with the commission. The amount charged for an application
140	for registration or renewal of registration shall not exceed
141	$140$15. All such money collected by the commission shall be
142	deposited in the Public Employees Relations Commission Trust
143	General RevenueFund.
144	Section 3. If any law amended by this act was also amended
145	by a law enacted at the 2003 Regular Session of the Legislature,
146	such laws shall be construed as if they had been enacted at the
147	same session of the Legislature, and full effect shall be given
148	to each if possible.
149	Section 4. This act shall take effect July 1, 2003.